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THE POLITICAL IMPORTANCE OF RESPECT FOR FREEDOM
OF ASSOCIATION IN THE AMERICAS
Although they are different concepts, democracy and freedom are closely related. Together with human
rights, they constitute an indivisible set of qualities that modern societies require to function properly.
Freedom of association occupies an important place among the group of liberties. Its absence or
noncompliance hinders the functioning of the political system and threatens good governance and social
peace.
The democratic system proclaims the importance of these principles in most of the countries of the region.
Nevertheless, some values inherent to democracy are often forgotten, ignored or undervalued, which, in
addition to freedom of association, include the right to collective bargaining and labour rights and
principles in general. It also embraces voting, plurality of political parties, respect for the rule of law and
institutions. Democracy safeguards individual and collective rights, which are indispensable for exercising
this form of government.
Freedom of the press, entrepreneurial freedom and investment security are essential in a free market
economy and hailed as pillars of democracy. They are just as important as the rights of workers to
organize in trade unions and engage in collective bargaining. Therefore, all of these democratic rights
should be respected equally.
The causes of the rampant inequality and marked social differences in the region are closely related to
insufficient employment and the decent work deficit; that is, as defined by the ILO, of work which dignifies
and fosters the development of one’s skills, where core labour principles and rights at work are respected,
especially freedom of association and collective bargaining, with fair pay and social protection, without
discrimination and which embraces social dialogue.
Obstacles to the increased generation of decent work in Latin America and the Caribbean include the lack
of respect for labour rights and barriers to the exercise of freedom of association. In order for democracy
to reach everyone in a society, labour rights, particularly freedom of association, must be recognized and
protected.
The Americas is the region in the world that has the greatest number of complaints filed with the ILO for
violation of the right to freedom of association. In nearly every year between January 1990 and June
2007, the countries of the Americas outpaced the rest of the world with respect to the number of
complaints of violations against freedom of association. What is worse, these complaints have increased
substantially during this decade (Figure 2a). A comparison of the periods 1990-1996 and 2000-2006
reveals that complaints filed with the ILO Committee on Freedom of Association (CFA) in countries outside
of the Americas grew 10.1% whereas those in countries of the Americas rose by 28.2% over the same
period. Other than having these statistics compiled by the ILO, the majority of countries lack information
on violations of freedom of association, which constitutes a knowledge gap for the effective promotion of
decent work.
The CFA registered 597 complaints in countries of the Americas from January 1990 to June 2007. Figure
2b shows that this continent concentrates 57.1% of the total complaints for violation of freedom of
association, more than any other continent.
An analysis by economic sectors of complaints for violation of freedom of association received by the CFA
between January 1990 and June 2007 indicates that complaints are concentrated in the public
administration and public service sector. These results may partially reflect the fact that the government is
a leading employer in countries of the region and that the rate of union membership in the public sector is
higher than the average for the countries, largely because of the greater job stability of workers in the
public administration and service sectors as compared with workers of other sectors. This is reflected in
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the fact that government agencies are mentioned in 60% of the complaints filed. Of the 1,603,622 people
affected by violations of freedom of association in the Americas over this period, the central or federal
government was alleged to be directly involved in the violation in nearly 92% of the cases.
Between 1990 and 2006, the ILO Committee of Experts on the Application of Conventions and
Recommendations made recommendations to 27 of the 33 countries of the Americas that ratified ILO
Convention 87 on Freedom of Association and Protection of the Right to Organise (1948) and to 22 of the
32 countries that ratified ILO Convention 98 on the Right to Organise and Collective Bargaining (1949)
during the same period. Key labour standards and practical problems include, in the case of Convention
87, the obstacles impeding organizations from freely drafting bylaws, electing representatives and
organizing and administering their activities. In the case of Convention 98, problem areas include
restrictions on collective bargaining and the lack of its promotion.
FIGURE 2a
THE AMERICAS AND THE REST OF THE WORLD: NUMBER OF COMPLAINTS FILED ANNUALLY
WITH THE ILO COMMITTEE ON FREEDOM OF ASSOCIATION
BETWEEN JANUARY 1990 AND JUNE 2007
Source: ILO, based on reports of the Committee on Freedom of Association between January 1990 and June 2007, processed in the QVILIS
database.
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FIGURE 2b
PERCENTAGE OF COMPLAINTS PRESENTED BY CONTINENT TO THE ILO COMMITTEE ON
FREEDOM OF ASSOCIATION BETWEEN JANUARY 1990 AND JUNE 2007
Source: ILO, based on reports of the Committee on Freedom of Association between January 1990 and June 2007, processed in the QVILIS
database.
The ILO has the historic, ethical and political mandate of promoting social justice in the world of work to
guarantee peace. In recent years, it has promoted fair globalization, emphasizing the application and
enforcement of basic principles and rights at work as part of the exercise of democracy through promotion
of respect among productive actors, encouraging consultation, social dialogue and collective bargaining.
As a human right, freedom of association is also important to employers since it forms part of a historical
tradition that is closely associated with achieving progress that includes social justice. Lack of respect for
this freedom is a form of unfair competition and is a cause for social and political unrest, limiting progress
toward social peace that permits a climate conducive to business development.
It should be noted that the number of complaints filed with the CFA is not necessarily synonymous with a
high incidence of violations of freedom of association. Rather, it reflects statistics on reported complaints
for violations, which among other things is indicative of the capacity of unions to appeal to ILO bodies. In
different labour fora, social actors (including business executives, unions and governments) have
recognized the prevalence of problems associated with respect for fundamental rights at work, and have
expressed their commitment to working together to identify causes and develop initiatives to address
them through consensus. In promoting decent work, the ILO focuses on cooperation and technical
assistance to promote a balance between economic and social policies.
The year 2008 marks the 60th anniversary of the adoption of Convention 87 and the 10th anniversary of
the adoption of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow Up, as
well as of the Socio-Labour Declaration of the Southern Common Market (MERCOSUR). These
anniversaries mark a good opportunity to support activities for the promotion of trade union rights as an
indispensable part of decent work.
Note:
Excerpt from: ILO, Regional Office for Latin America and the Caribbean. 2007 Labour Overview, Latin America and the
Caribbean. Pages 18-20.
Visit our webpage: http://www.oit.org.pe
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