A/79/159 of public health and morals. Article 8 (2) of the International Covenant on Economic, Social and Cultural Rights further allows for certain lawful restrictions to be imposed by members of the armed forces or of the police or of the administration of the St ate, which may be extended to those providing other essential services such as fire, prison, public health or transport services. 22 While recognizing the need for some limitations, the Committee on Economic, Social and Cultural Rights has expressed its view that the scope of “essential work” should be narrow, 23 and that absolute prohibition or excessive limitations are to be avoided. 24 The exceptional nature of restrictions has also been stressed by the Special Rapporteur on freedom of peaceful assembly and of association. 25 7. Other human rights instruments complement the International Convention on Economic, Social and Cultural Rights and the International Convention on Civil and Political Rights. Articles 5 (e) (ii) of the International Convention on the Elimination of All Forms of Racial Discrimination, article 26 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and article 27(1)(c) of the Convention on the Rights of Persons with Disabilities set out clear obligations on States to recognize and respect t rade union rights for minorities, documented and undocumented migrant workers and persons with disabilities. Similarly, while the Convention on the Elimination of All Forms of Discrimination against Women does not clearly recognize those rights, the Commit tee on the Elimination of Discrimination against Women has clarified in the past that those rights are interlinked to women’s right to take part in political and public life. 26 8. These international human rights treaties strengthen the existing international labour standards. Of particular importance are the ILO Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the ILO Right to Organise and Collective Bargaining Convention, 1949 (No. 98) which are regarded as fundamental instruments, whereby all States members of ILO are expected to ratify and implement them in accordance with the 1998 ILO Declaration on Fundamental Principles and Rights at Work. 27 ILO has recognized trade union rights prior to the adoption of the International Covenants on Human Rights and touches upon additional obligations such as recognition of workers’ organizations without previous authorization, protection from arbitrary suspension or dissolution of workers’ organizations, prohibition on anti-union discrimination, and protection from dismissal by reason of union membership. The Committee of Experts on the Application of Conventions and Recommendations (CEACR), which monitors the implementation of international labour standards developed by ILO, has expressly stated that Conventions Nos. 87 and 98 cover all workers and employers unless __________________ 22 23 24 25 26 27 24-13043 The Committee on Economic, Social and Cultural Rights defined “essential services” to mean “services where interruption would endanger the life, personal safety or health of the whole or part of the population”. E/C.12/VNM/CO/2-4, para. 20; and E/C.12/LKA/CO/2-4, para. 22. This is the same definition adopted by the International Labour Organization Committee of Experts on the Application of Conventions and Recommendations (CEACR) much earlier (see below). Ibid. E/C.12/CZE/CO/3, para. 26; E/C.12/BOL/CO/3, paras. 34–35; E/C.12/AZE/CO/4, para. 31; and E/C.12/BEN/CO/3, para. 30. A/71/385, para. 68. Committee on the Elimination of Discrimination against Women general recommendation No. 23 (1997), para. 5. There are additional instruments, including ILO Workers’ Representatives Convention, 1971 (No. 135) and the ILO Collective Bargaining Convention, 1981 (No. 154) as well as others covering pertinent issues such as agriculture (ILO Right of Association (Agriculture) Convention, 1921 (No. 11), non-metropolitan territories (ILO Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), rural workers’ organizations (Rural Workers’ Organisations Convention, 1975 (No. 141) and public employment (Labour Relations (Public Service) Convention, 1978 (No. 151). 5/21

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