LABOUR RIGHTS Freedom of association and collective bargaining The right to freedom of association and collective bargaining is one important tool to ensure the participation of minority workers and migrant workers in employment-relevant decision-making. Article 2 of the ILO’s Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) is designed to protect the right of workers and employees, ‘without distinction whatsoever’, to establish and join organizations of their own choosing. The notion of ‘without distinction whatsoever’ is meant to prohibit discrimination,14 not only for workers in the private sector of the economy but also for civil servants and public service employees in general.15 The Committee of Experts stated in its 1994 general survey that the right of all workers to join and establish organizations implies that anyone legally residing in the territory of a given state benefits from trade union rights provided by Convention No. 87. It also considered that restrictions in this respect may prevent migrant workers from playing an active role in the defence of their interests.16 The ILO has drawn attention to specific bans on non-nationals from joining or forming unions, or prohibitions or excessive restrictions on holding office within an occupational organization.17 Legislation should be made flexible so as to permit foreign workers access to trade union posts after a reasonable period of residency in the host country.18 It should also allow foreign workers who are not nationals of the host country to serve on joint enterprise committees after a reasonable period of residence. Despite the fact that ILO standards on freedom of association and collective bargaining are addressed to states, social partners bear a certain responsibility as well to ensure that they are open to minority workers and their concerns. The 1952 ILO Conference resolution concerning the independence of the trade union movement states that a condition for such independence is that trade unions be constituted as to membership without regard to race, national origin or political affiliation and pursue their objectives on the basis of solidarity and economic interests of all workers.19 Enforcement mechanisms The ILO Unlike the UN enforcement mechanisms described at various points throughout this guide, in the ILO, all Conventions are supervised under the same procedures. Supervision of the application of ratified Conventions takes place mainly through the examination of government reports by the ILO Committee of Experts on the Application of Conventions and Recommendations. Reports on the fundamental human rights Conventions are examined every two years, 75