11.3.1.How can unions file a complaint with the Committee on Freedom of Association?

The procedure of this commission is similar to that of a commission of inquiry, and its reports are published. Like the Commission of Inquiry, the Fact-Finding and Conciliation Commission on Freedom of Association is a procedure at the highest level of the ILO that was used only in a few cases where the ILO member state is accused of committing persistent and serious violations. In the following link you can find the reports of the six Fact-Finding and Conciliation Commissions on Freedom of Association: https://www.ilo.org/global/standards/information-resources-and-publications/WCMS_160778/lang--en/index.htm A relevant report that reveals the importance of this mechanism is the report of the Fact-Finding and Conciliation Commission on Freedom of Association regarding Chile, adopted in 1975. This report can be found at the following link: https://www.ilo.org/public/libdoc/ilo/1975/75B09_227.pdf

11.3.1.How can unions file a complaint with the Committee on Freedom of Association?

The complaint to the Committee on Freedom of Association is the special monitoring procedure most frequently used by trade unions to lodge complaints with the ILO in serious cases of non-compliance with the rights recognized in the ILO Conventions on freedom of association. The ILO has developed several specific guides and manuals to provide guidance on how to submit complaints to the Committee on Freedom of Association. For example, "Freedom of association: A user’s guide", prepared by ACTRAV. This guide can be found at the following link: https://www. ilo.org/wcmsp5/groups/public/--ed_norm/---normes/documents/ publication/wcms_087990.pdf This guide explains in a simple and brief manner the procedure for submitting a complaint to the Committee on Freedom of Association and mentions some criteria and guidelines to bear in mind if your union wishes to use this ILO control procedure, highlights the elements that the text of a complaint to the Committee on Freedom of Association must contain, and finally shows a model complaint.

"FREEDOM OF ASSOCIATION: A USER’S GUIDE" (ACTRAV-ILO)

Elements that a complaint to the Committee on Freedom of Association should include

• Who's it for? The complaint is addressed to the Director-General of the ILO or the Chairperson of the Committee on Freedom of Association.

• Where do you file a complaint? Directly with the International Labour Office's world headquarters or any other of its offices (Route Des Moril-lons 4 Ch-1211, Geneva, Switzerland. Fax: +41

(0) 22 798 8685). The complaint can be submitted in advance by fax, but it is essential that original documents are received in order for the case to be processed.

• Identification of the organization submitting the complaint Indicate the name and general data of the trade union organization or organizations submitting the complaint, and that of their representatives.

• Address An address must be provided in the submission of the complaint in order to receive communications from the ILO.

• Description of the facts Describe in detail the facts that give rise to the complaint; to do so it is important to chronologically locate the events, as well as to identify the persons or institutions involved. It is important that this section answers basic questions such as: who, where, when, how, why, what for, among others. Remember that it is on the basis of this information that the case will be analyzed; therefore, if there is ambiguity or insufficient data, the processing will take much longer.

• Evidence The complaint must be accompanied by the necessary evidence to prove the alleged violations, point by point.

• Legal basis The complaint does not need to be substantiated in legal terms; therefore, it is optional to do so.

• Application A brief and clear request for restoration of the exercise of freedom of association and reparation for damages caused may be included.

• Date and location Do not forget to indicate the location and time at which the complaint is made.

• Name and signature This is an indispensable requirement; therefore, it must be indicated who represents the union organization submitting the complaint.