article 2 of the International Covenant on Civil and Political Rights, including other opinion, birth, language, property and other status are not included in the draft. In order to clarify the language of the first sentence and ensure that those who wish to form or join an employer association will be free from discrimination, OHCHR suggests that it should read: “to be members of a union or employer association of their choice”. In the same line, it suggests removal of the phrase “including any union” from the last line to ensure equal treatment as employers, since “no one” is understood broadly. All criteria included in article 2 of ICCPR should also be included. Article 7: The freedom of individuals as set out in Article 5 of this law also implies the freedom not to join a union or employer association and the freedom to withdraw at any time from those unions or associations that they join. A worker may withdraw from a union through a signed or thumb printed letter to be submitted to his or her union and employer. Following such notification, the worker concerned shall be deemed to have automatically and immediately relinquished his or her membership. The employer must stop deducting his or her union dues for the union contribution. No one shall interfere with a worker’s rights to join or to leave a union. Comments: OHCHR welcomes the recognition of the right of individuals to not join or to withdraw from a trade union or employer association. This article reflects the views of the SRFAA, who has stated that “[a]n important component of the right to freedom of association is that no one may be compelled to belong to an association.”14 Article 8: In accordance with the conditions set forth in this law, all members of a union or an employer association can participate in the leadership, management and administration of the union or association. The statutes of union or employer association, however, may reduce the conditions for the participation of retirees in these functions. Comments: OHCHR submits that the provision on “may reduce the conditions for participation of retirees in these functions” is unnecessary. The nature of retirees’ participation or role in a trade union or employer association should be defined internally by each trade union or employer association, rather than by law, based on their “right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes” without interference from public authorities, as established in article 3 of ILO Convention No. 87. The CFA/ILO is of the view that “[t]he right to decide whether or not a trade union should represent retired workers for the defense of their specific interests is a question pertaining to the internal autonomy of all trade unions.”15 The possibility should also not be dismissed of a retiree that has the confidence of a union or employer association, with the time to dedicate him or herself to a role more fully than others might, being selected to play that role. OHCHR suggests the following reformulation: “In accordance with the conditions set forth in this law and its own statutes, all members of a union or an employer association can participate in the leadership, management and administration of the union or association, respectively.”                                                              14 15 A/HRC/20/27, para. 55. Digest decision of Freedom of Association of ILO, para. 270. 9