Fact-Finding and Conciliation Commission of Freedom of Association

Special freedom of association machinery began to be evolved at the time the International Labour Conference was discussing Conventions Nos. 87 and 98. The need for special machinery stemmed from the fact that if a State did not ratify these Conventions there would be no means of supervising their application, notwithstanding the importance that must be attached to the observance of the principles and standards with respect to trade union rights. Moreover, the existing regular machinery did not permit the proper examination of complaints concerning infringement in practice, rather than in legislation, of these principles and standards. It was accordingly decided, in agreement with the Economic and Social Council of the United Nations, to set up the Fact-Finding and Conciliation Commission on Freedom of Assocation in 1950. Its terms of reference are to examine complaints of infringement of trade union rights referred to it by the Governing Body of the ILO in respect both of countries that have ratified the freedom of association Conventions and countries that have not, though in the latter case referral may not be made without the consent of the country concerned. The Commission, composed of nine independent persons appointed by the Governing Body, is essentially a fact-finding body, but is authorised to discuss situations referred to it for investigation with the government concerned with a view to securing the adjustment of difficulties by agreement. The Commission normally works in panels of three members. It was called upon to act for the first time in 1964, and it has examined six cases, relating to Japan, Greece, Lesotho, Chile, the United States/Puerto Rico, and South Africa.¹

Procedure similar to a Commission of Inquiry

The procedure followed by the Fact-Finding and Conciliation Commission is similar to that followed by a Commission of Inquiry (article 26, paragraph 3, of the Constitution of the ILO). It first requests information from the parties concerned (complainants and government) as well as from international and national organizations of workers and employers. An analysis of the relevant legislation of the country concerned is prepared by the Commission's secretariat. This is followed by hearings in Geneva of representatives appointed by the parties and of witnesses called by the parties or by the Commission itself. It is for the Commission to decide whether a witness will be heard and on what matters he or she will speak. Subsequently, in four our of the five cases for which the Commission has been set up, a visit by the Commission to the country concerned was carried out. In the course of this visit the members of the Commission, either jointly or individually, meet the public authorities, trade union leaders, representatives of employers' organizations and other persons such as professors and journalists, who might be able to provide useful information. Before the visit the Commission asks the government for assurances that facilities will be granted to fulfil the mission and that no person who has been in contact with the Commission will, for that reason, be subjected to coercion or sanctions. The Commission may, at the end of its visit, make some preliminary suggestions to the parties or to the government. Once such a visit has been terminated the Commission proceeds to draw up a final report on the case containing conclusions and recommendations for the solution of the problems involved.

Functioning of the Fact-Finding and Conciliation Commission

The delay in bringing the Fact-Finding and Conciliation Commission into operation was largely due to the fact that in the early years it was not possible to obtain the consent of certain governments against which complaints had been made to the investigation of these complaints by the Commission. Thus, in November 1951 the Committee on Freedom of Association, a tripartite body consisting of nine members of the Governing Body of the ILO was set up. Follow this link to learn more about the CFA.

¹ The reports were published in the Official Bulletin, Special Supplement, Vol. XLIX, No. 1, Jan. 1966 (Japan); in idem, Special Supplement, Vol. XLIX, No. 3, July 1966 (Greece); as a Governing Body document GB.197/3/5 (Lesotho) and GB.218/7/2 (The United States/Puerto Rico); as a publication under the title of The trade union situation in Chile, Geneva, 1975; as in the Official Bulletin, Special Supplement, Series B, Vol. LXXV, 1992 (South Africa).