Compendium of Standards, Good Practices and Recommendations
ILO C154, Article 5
1. Measures adapted to national conditions shall be taken to promote collective
bargaining.
2. The aims of the measures referred to in paragraph 1 of this Article shall be the
following:
a). (a) collective bargaining should be made possible for all employers and all
groups of workers in the branches of activity covered by this Convention;
b). (b) collective bargaining should be progressively extended to all matters
covered by subparagraphs (a), (b) and (c) of Article 2 of this Convention;
I the establishment of rules of procedure agreed between employers’ and
workers’ organizations should be encouraged;
c). (d) collective bargaining should not be hampered by the absence of
rules governing the procedure to be used or by the inadequacy or
inappropriateness of such rules;
d). (e) bodies and procedures for the settlement of labour disputes should be
so conceived as to contribute to the promotion of collective bargaining.
In addition to these, Article 12 of the European Union Charter of Fundamental Rights provides
that everyone has the right to freedom of association at all levels, in particular in political, trade
union and civic matters.237 This implies the right of everyone to form and join trade unions for the
protection of their interests. The Charter is notable because the right is not qualified in the case of
members of the armed services.
In Madrid in 1983, OSCE participating States recognized the right of workers to “establish and
join trade unions”, within the laws of the respective state.238 At the Copenhagen Conference in
1990, participating States added the right of individuals to form political parties and political
organizations,239 along with the corollary right to peaceful assembly and demonstration.240 Any
restrictions of these rights need to be prescribed by law.241 The Copenhagen Conference also
recognized the right of trade unions to determine their membership.242 In Helsinki in 2008, the
OSCE affirmed that “[e]veryone has the right […] to freedom of association”.
Alongside these rights are the more general provisions related to freedom of expression, respect
for others and minority cultural differences.243 Although none of these refer specifically to unions in
the armed forces, the OSCE Code of Conduct on Politico-Military Aspects of Security commits OSCE
participating States to ensure that service personnel are able to enjoy and exercise their human
237
The Charter binds both the EU and EU member states when implementing EU law.
238
OSCE, Madrid 1983, op cit., note 139.
239
OSCE, Copenhagen 1990, op. cit., note 141, para. 7.6.
240 Also recognized at the Paris Conference of 1990 (A New Era of Democracy, Peace and Unity).
241
OSCE, Copenhagen 1990, op. cit., note 141, para. 9.2.
242
Ibid., para. 9.3.
243
Ibid., para. 9 et seq.
113
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