Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Belgium (Ratification: 1951)

Article 3 of the Convention. In its previous comments, the Committee noted the observations made by trade union organizations denouncing systematic recourse by employers to the judicial authorities to ban industrial action by trade unions, and particularly to prevent them from setting up strike pickets. The Government indicated that it had requested the National Labour Council (CNT) to examine compliance with the “gentlemen’s agreement” signed in 2002 by the social partners on the peaceful settlement of labour conflicts. The Committee requested the Government to report on the findings of this examination and any action taken as a result.

In this respect, the Committee notes the information provided by the Government in its report indicating that: (i) the CNT has received a partial response from the judicial authorities on the scope of legal interventions in cases of collective disputes, although certain urgent matters have delayed the CNT’s examination of the matter up to now; (ii) Belgian trade unions and the European Trade Union Confederation lodged a collective complaint in June 2009 with the European Committee of Social Rights alleging the violation by Belgium of the European Social Charter (revised); (iii) the Committee of Ministers of the Council of Europe adopted a resolution on 4 April 2012 considering that certain elements relating to the right to strike were to be improved, and it considered in particular that the procedure for the intervention of the judge of the court of first instance in the context of a unilateral application to prevent certain types of industrial action was not sufficiently “fair” because the trade unions were not associated with it and the intervention of the courts is not lawful if it is intended to prevent certain types of industrial action or prohibit a strike picket without ascertaining whether acts of violence have been committed or the rights of non-strikers have been infringed; and (iv) the Minister of Labour forwarded this decision to the CNT, while the Minister of Justice disseminated it to magistrates. The Committee also notes that the trade unions report the persistence of court rulings that are contrary to the right to collective action. The Committee requests the Government to ensure full compliance with the “gentlemen’s agreement” and the resolution of the Committee of Ministers of the Council of Europe by all the actors and institutions concerned. The Committee requests the Government to indicate in its next report the impact of the resolution of the Committee of Ministers.

In its previous comments, the Committee requested the Government to provide its observations in reply to the comments of the ITUC concerning the arrests, certain of which were taken as a preventive measure, on 29 September 2010 at the Euro-demonstration organized in Brussels by European trade unions. The Committee notes the Government’s indication in its report that the administrative service concerned is examining the matter. The Committee recalls that measures depriving trade union leaders and trade unionists of their freedom on grounds related to their trade union activities, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights. The Committee once again requests the Government to indicate the findings of the investigations carried out concerning these arrests.

Finally, the Committee notes the comments of the International Trade Union Confederation, the Confederation of Christian Trade Unions, the General Confederation of Liberal Trade Unions of Belgium and the General Labour Federation of Belgium concerning the abusive application by municipal authorities of administrative penalties for “disturbances” which would have the effect of jeopardizing the various types of action carried out by trade unions in public spaces. The Committee requests the Government to provide its observations in reply to these comments.