Part I International laws and mechanisms
The Committee on Freedom of Association was created in 1951 with nine regular members and
nine deputies, representing Governments, trade unions and employer groups in equal proportion.
The Committee’s mandate is to determine whether any given legislation or practice complies with the
principles of freedom of association and collective bargaining set out in the relevant conventions and to
examine whether the evidence is satisfactory to support the complaint. The Committee conducts the
preliminary examination and prepares a report to the ILO Governing Body and recommends measures to
address the situation. It can also seek the consent of the Government concerned to refer the complaint
to the Fact-Finding and Conciliation Commission.
At any stage of the procedure, either during an examination or taking action on recommendations,
on-the-spot missions can be undertaken by the ILO Director General or representative. This involves
visiting the country concerned and making on-the-spot enquiries with a view to overcoming difficulties.
On-the-spot missions are generally undertaken in the context of allegations of a particularly serious
nature. They can be carried out only with the approval of the Committee and the consent of the
concerned Government. This approach, which has been used successfully, is similar in purpose to
“direct contacts” with Governments employed by the Fact-Finding and Conciliation Commission.
Complaints to the ILO special procedures can be lodged either directly with the ILO or through the UN.
Complaints are deemed “receivable” only when submitted by a national organization directly interested
in the matter, by international organizations of employers or workers having consultative status with the
ILO, or other international organizations of employers or workers where the allegations relate to matters
directly affecting their affiliated organizations. If the complaints are found to be substantiated, the ILO
Governing Body can communicate with the concerned Government, publicize the matter or take other
alternative actions.
UN Photo by Shelley Rotner.
Chapter 4: The International Labour Organization and migrant workers | 51