Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

General principles

1. The Committee has considered it appropriate to emphasize the importance to be attached to the basic principles set out in the Universal Declaration of Human Rights, considering that their infringement can adversely affect the free exercise of trade union rights.

1. On many occasions, the Committee has emphasized the importance of the principle affirmed in 1970 by the International Labour Conference in its resolution concerning trade union rights and their relation to civil liberties, which recognizes that the rights conferred upon workers and employers organizations must be based on respect for those civil liberties which have been enunciated in particular in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights, and that the absence of these civil liberties removes all meaning from the concept of trade union rights.

1. The Committee has considered that a system of democracy is fundamental for the free exercise of trade union rights.

1. The rights of employers and workers organizations can only be exercised within the framework of a system that guarantees the effective respect of the other fundamental human rights.

1. A genuinely free and independent trade union movement can only develop where fundamental human rights are respected.

1. The Government has the duty to defend a social climate where respect for the law reigns as the only way of guaranteeing respect for and protection of individuals.

1. All appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind.

1. The Committee requested a government to ensure that any emergency measures aimed at national security did not prevent in any way the exercise of legitimate trade union rights and activities, including strikes, by all trade unions irrespective of their philosophical or political orientation, in a climate of complete security.

1. For the contribution of trade unions and employers organizations to be properly useful and credible, they must be able to carry out their activities in a climate of freedom and security. This implies that, in so far as they may consider that they do not have the basic freedom to fulfil their mission directly, trade unions and employers organizations would be justified in demanding that these freedoms and the right to exercise them be recognized and that these demands be considered as coming within the scope of legitimate trade union activities.

1. A free trade union movement can develop only under a regime which guarantees fundamental rights, including the right of trade unionists to hold meetings in trade union premises, freedom of opinion expressed through speech and the press and the right of detained trade unionists to enjoy the guarantees of normal judicial procedure at the earliest possible moment.

1. The International Labour Conference has pointed out that the right of assembly, freedom of opinion and expression and, in particular, freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers, constitute civil liberties which are essential for the normal exercise of trade union rights (resolution concerning trade union rights and their relation to civil liberties, adopted at the 54th Session, 1970).

1. It should be the policy of every government to ensure observance of human rights.

1. Although holders of trade union office do not, by virtue of their position, have the right to transgress legal provisions in force, these provisions should not infringe the basic guarantees of freedom of association, nor should they sanction activities which, in accordance with the principles of freedom of association, should be considered as legitimate trade union activities.

1. Allegations of criminal conduct should not be used to harass trade unionists by reason of their union membership or activities.

Right to life, security and the physical and moral integrity of the person

1. The right to life is a fundamental prerequisite for the exercise of the rights contained in Convention No. 87.

1. Freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.

1. Freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, due process and the protection of premises and property belonging to workers and employers organizations, are fully respected and guaranteed.

1. The rights of workers and employers organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected.

1. It is important to take strong measures to prevent threats, statements of incitement to hatred and the looting of property, all of which are harmful to individuals and organizations that are legitimately defending their interests under Conventions Nos. 87 and 98, which have been ratified by the State in question. The rights of workers and employers organizations can only be exercised in a climate free from violence, intimidation and fear, as such situations of insecurity are incompatible with the requirements of Convention No. 87.

1. A genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty.

1. A free and independent trade union movement can only develop in a climate free of violence, threats and pressure, and it is for the Government to guarantee that trade union rights can develop normally.

1. The exercise of trade union rights is incompatible with violence or threats of any kind and it is for the authorities to investigate without delay and, if necessary, penalize any act of this kind.

1. A climate of violence, such as that surrounding the murder or disappearance of trade union leaders, or one in which the premises and property of workers and employers are attacked, constitutes a serious obstacle to the exercise of trade union rights; such acts require severe measures to be taken by the authorities.

1. Acts of intimidation and physical violence against trade unionists constitute a grave violation of the principles of freedom of association and the failure to protect against such acts amounts to a de facto impunity, which can only reinforce a climate of fear and uncertainty highly detrimental to the exercise of trade union rights.

1. Facts imputable to individuals bring into play the States responsibility owing to the States obligation to prevent violations of human rights. Consequently, governments should endeavour to meet their obligations regarding the respect of individual rights and freedoms, as well as their obligation to guarantee the right to life of trade unionists.

1. The mere absence of a labour dispute or trade union campaign does not necessarily preclude any connection of the crime with the exercise of trade union activities, membership or office.

1. Blanket linkages of trade unions to an insurgency have a stigmatizing effect and often place union leaders and members in a situation of extreme insecurity.

1. The killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events.

1. Crimes such as extrajudicial killings, due to their seriousness should be investigated and prosecuted ex officio, i.e. even in the absence of a formal criminal complaint being lodged by a victim or an injured party.

1. It is important that investigations into the murders of trade unionists should yield concrete results in order to determine reliably the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future.

1. The Government is under a responsibility to take all necessary measures to have the guilty parties identified and punished in particular by ensuring that witnesses, who are crucial for the successful identification and prosecution of suspects, are effectively protected and to successfully prevent the recurrence of human rights violations. Even in the absence of a formal filing of charges, each case should be thoroughly investigated and, where witnesses have come forward, appropriate and adequate protection should be provided.

1. The Committee has emphasized the importance that the guilty parties should be punished in proportion to the seriousness of the crimes committed and the employer organization compensated for the loss and damage on account of illegal acts.

1. Investigations should focus not only on the individual author of the crime but also on the intellectual instigators in order for true justice to prevail and to meaningfully prevent any future violence against trade unionists. It is crucial that the responsibility in the chain of command also be duly determined when crimes are committed by military personnel or the police so that the appropriate instructions can be given at all levels and those with control held responsible in order to effectively prevent the recurrence of such acts.

1. The Committee requested a government to issue appropriate high-level instructions to: (i) bring to an end prolonged military presence inside workplaces which is liable to have an intimidating effect on the workers wishing to engage in legitimate trade union activities and to create an atmosphere of mistrust which is hardly conducive to harmonious industrial relations; (ii) to ensure that any emergency measures aimed at national security do not prevent in any way the exercise of legitimate trade union rights and activities, including strikes, by all trade unions irrespective of their philosophical or political orientation, in a climate of complete security; and (iii) to ensure the strict observance of due process guarantees in the context of any surveillance and interrogation operations by the army and police in a way that guarantees that the legitimate rights of workers organizations can be exercised in a climate that is free from violence, pressure or threats of any kind against their leaders and members.

1. All allegations of violence against workers who are organizing or otherwise defending workers interests should be thoroughly investigated and full consideration should be given to any possible direct or indirect relation that the violent act may have with trade union activity.

1. It is important that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated. Furthermore, the mere fact of initiating an investigation does not mark the end of the Governments work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators.

1. The Committee condemned the existence and actions of paramilitary organizations, which, in violation of human rights and of freedom of association principles, regard trade unionists as targets. It recalled that the responsibility to stop such organizations rests with the Government.

1. In cases in which the dispersal of public meetings by the police has involved loss of life or serious injury, the Committee has attached special importance to the circumstances being fully investigated immediately through an independent inquiry and to a regular legal procedure being followed to determine the justification for the action taken by the police and to determine responsibilities.

1. In the event of assaults on the physical or moral integrity of individuals, the Committee has considered that an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts.

1. In the event that judicial investigations into the murder and disappearance of trade unionists are rarely successful, the Committee has considered it indispensable that measures be taken to identify, bring to trial and convict the guilty parties and has pointed out that such a situation means that, in practice, the guilty parties enjoy impunity which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights.

1. In a case concerning a number of murders of trade union leaders and members, the Committee especially urged the Government to guarantee that the Public Prosecutors Office would systematically request information from the unions involved to determine the victims membership to the trade union movement and to identify possible anti-union motives behind the offences under investigation.

1. In cases of physical or verbal violence against workers and employers leaders and their organizations, the Committee emphasized that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights.

1. The Committee emphasized the need, in a case in which judicial inquiries connected with the death of trade unionists seemed to be taking a long time to conclude, of proceedings being brought to a speedy conclusion.

1. The Committee has considered that detained trade unionists, like all other persons, should enjoy the guarantees enunciated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights according to which all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person.

1. As regards allegations of the physical ill-treatment and torture of trade unionists, the Committee has recalled that governments should give precise instructions and apply effective sanctions where cases of ill-treatment are found, so as to ensure that no detainee is subjected to such treatment.

1. In cases of alleged torture or ill-treatment while in detention, governments should carry out independent inquiries into complaints of this kind so that appropriate measures, including compensation for damages suffered and the sanctioning of those responsible, are taken to ensure that no detainee is subjected to such treatment.

1. As regards allegations relating to the ill-treatment or any other punitive measures said to have been taken against workers who took part in strikes, the Committee has pointed out the importance that it attaches to the right of trade unionists, like all other persons, to enjoy the guarantees afforded by due process of law in accordance with the principles enunciated in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights.

1. A climate of violence, coercion and threats of any type aimed at trade union leaders and their families does not encourage the free exercise and full enjoyment of the rights and freedoms set out in Conventions Nos. 87 and 98. All States have the undeniable duty to promote and defend a social climate where respect of the law reigns as the only way of guaranteeing respect for and protection of life.

1. Attacks against trade unionists and trade union premises and property constitute serious interference with trade union rights. Criminal activities of this nature create a climate of fear which is extremely prejudicial to the exercise of trade union activities.

1. The environment of fear induced by threats to the life of trade unionists has inevitable repercussions on the exercise of trade union activities, and the exercise of these activities is possible only in a context of respect for basic human rights and in an atmosphere free of violence, pressure and threats of any kind.

1. As regards death threats made against the president of an employers organization, the Committee observed that the Government took the necessary measures to protect this employers' leader and his residence. It requested the Government to continue providing such protection for as long as his life is in danger.

1. The Committee requested a government to take the necessary accompanying measures, including the issuance of appropriate high-level instructions, to bring to an end prolonged military presence inside workplaces which was liable to have an intimidating effect on the workers wishing to engage in legitimate trade union activities and to create an atmosphere of mistrust which was hardly conducive to harmonious industrial relations.

Arrest and detention of trade unionists and members of employers organizations

1. The absence of civil liberties removes all meaning from the concept of trade union rights; the rights conferred on workers and employers organizations must be based on respect for those civil liberties, such as security of the person and freedom from arbitrary arrest and detention.

1. The detention of trade union leaders or members for trade union activities or membership is contrary to the principles of freedom of association.

1. The arrest, even if only briefly, of trade union leaders and trade unionists, and of the leaders of employers organizations, for exercising legitimate activities in relation with their right of association constitutes a violation of the principles of freedom of association.

1. Measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights.

1. The detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular.

1. Measures designed to deprive trade union leaders and members of their freedom entail a serious risk of interference in trade union activities and, when such measures are taken on trade union grounds, they constitute an infringement of the principles of freedom of association.

1. The detention of trade unionists on the grounds of trade union activities constitutes a serious obstacle to the exercise of trade union rights and an infringement of freedom of association.

1. The arrest of trade unionists and leaders of employers organizations may create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities.

1. It is not possible for a stable industrial relations system to function harmoniously in the country as long as trade unionists are subject to arrests and detentions.

1. The apprehension and systematic or arbitrary interrogation by the police of trade union leaders and unionists involves a danger of abuse and could constitute a serious attack on trade union rights.

1. The arrest and detention of trade unionists without any charges being laid or court warrants being issued constitutes a serious violation of trade union rights.

1. The arrest of trade unionists against whom no charge is brought involves restrictions on freedom of association, and governments should adopt measures for issuing appropriate instructions to prevent the danger involved for trade union activities by such arrests.

1. The arrest of employers officials for reasons linked to actions relating to legitimate demands is a serious restriction of their rights and a violation of freedom of association.

1. While persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of the ordinary criminal law, trade union activities should not in themselves be used by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists.

1. While persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of the ordinary criminal law, the arrest of, and criminal charges brought against, trade unionists may only be based on legal requirements that in themselves do not infringe the principles of freedom of association.

1. Prosecutions, or other forms of sanction, should not in any way be instituted against trade union leaders who bring a case before the Freedom of Association Committee.

1. Union leaders should not be subject to retaliatory measures, and in particular arrest and detention without trial, for having exercised their rights which derive from the ratification of ILO instruments on freedom of association, in this case for having lodged a complaint with the Committee on Freedom of Association.

1. The arrest and detention of trade unionists, even for reasons of internal security, may constitute a serious interference with trade union rights unless attended by appropriate judicial safeguards.

Preventive detention

1. The preventive detention of leaders of workers and employers organizations for activities connected with the exercise of their rights is contrary to the principles of freedom of association.

1. Measures of preventive detention may involve a serious interference with trade union activities which can only be justified by the existence of a serious situation or emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period.

1. The preventive detention of trade unionists on the ground that breaches of the law may take place in the course of a strike involves a serious danger of infringement of trade union rights.

1. Preventive detention should be limited to very short periods of time intended solely to facilitate the course of a judicial inquiry.

1. In all cases in which trade union leaders are preventively detained, this can involve a serious interference with the exercise of trade union rights and the Committee has always emphasized the right of all detained persons to receive a fair trial at the earliest possible moment.

1. Preventive detention should be accompanied by safeguards and limitations:

1. The prolonged detention of persons without bringing them to trial because of the difficulty of securing evidence under the normal procedure is a practice which involves an inherent danger of abuse; for this reason it is subject to criticism.

1. Although the exercise of trade union activity or the holding of trade union office does not provide immunity as regards the application of ordinary criminal law, the continued detention of trade unionists without bringing them to trial may constitute a serious impediment to the exercise of trade union rights.

Detentions during a state of emergency

1. The Committee, while refraining from expressing an opinion on the political aspects of a state of emergency, has always emphasized that measures involving detention must be accompanied by adequate judicial safeguards applied within a reasonable period and that all detained persons must receive a fair trial at the earliest possible moment.

1. Where circumstances approximate to a situation of a civil war, the Committee has emphasized the importance attached to all detained persons receiving a fair trial at the earliest possible moment.

1. Due process would not appear to be ensured if, under the national law, the effect of a state of emergency is that a court cannot examine, and does not examine, the merits of the case.

1. When examining cases of detention under emergency regulations, the Committee has pointed out that measures of preventive detention should be limited to very short periods intended solely to facilitate the course of a judicial inquiry.

System of education through labour

1. The system of education through labour with regard to persons who have already been released, constitutes a form of forced labour and administrative detention of people who have not been convicted by the courts and who, in some cases, are not even liable to sanctions imposed by the judicial authorities. This form of detention and forced labour constitutes without any doubt a violation of basic ILO standards which guarantee compliance with human rights and, when applied to people who have engaged in trade union activities, a blatant violation of the principles of freedom of association.

1. The subjection of workers to the education through labour system without any court judgement is a form of administrative detention which constitutes a clear infringement of basic human rights, the respect of which is essential for the exercise of trade union rights, as pointed out by the International Labour Conference in 1970.

Special bodies and summary procedures

1. In all cases where trade unionists and employers have been the subject of measures or decisions emanating from bodies of a special nature, the Committee has emphasized the importance which it attaches to the guarantees of due legal process.

1. The Committee has considered that, when trade unionists have been sentenced under summary procedures, they have not enjoyed all the safeguards of a normal procedure. Accordingly, the Committee has suggested that it should be possible to review cases of trade unionists sentenced under such procedures so as to ensure that no one is deprived of their liberty without the benefit of a normal procedure before an impartial and independent judicial authority.

Internment in psychiatric hospitals

1. All the necessary safeguards should be provided to prevent individuals being committed to psychiatric hospitals as a sanction or a means of pressure against persons who wish to establish a new organization independent of the existing trade union structure.

Bringing of charges and sentencing of trade unionists and representatives of employers organizations to imprisonment

1. The Committee has pointed out the danger for the free exercise of trade union rights of sentences imposed on representatives of workers for activities related to the defence of the interests of those they represent.

1. The criminal prosecution and conviction to imprisonment of trade union leaders by reason of their trade union activities are not conducive to a harmonious and stable industrial relations climate.

1. No one should be deprived of their freedom or be subject to penal sanctions for the mere fact of organizing or participating in a peaceful strike, public meetings or processions, particularly on the occasion of May Day.

1. The arrest and sentencing of trade unionists to long periods of imprisonment on grounds of the disturbance of public order, in view of the general nature of the charges, might make it possible to repress activities of a trade union nature.

1. In cases involving the arrest, detention or sentencing of a trade union official, the Committee, taking the view that individuals have the right to be presumed innocent until found guilty, has considered that it was incumbent upon the government to show that the measures it had taken were in no way occasioned by the trade union activities of the individual concerned.

1. Any sentences passed on trade unionists on the basis of the ordinary criminal law should not cause the authorities to adopt a negative attitude towards the organization of which these persons and others are members.

Guarantee of due process of law

1. The Committee stressed the importance that should be attached to the right of freedom and security of person and freedom from arbitrary arrest and detention, as well as to the right to a fair trial by an independent and impartial tribunal, in accordance with the provisions of the Universal Declaration of Human Rights.

1. Because of the fact that detention may involve serious interference with trade union rights and because of the importance which it attaches to the principle of fair trial, the Committee has pressed governments to bring detainees to trial in all cases, irrespective of the reasons put forward by governments for prolonging the detention.

1. It is one of the fundamental rights of the individual that a detained person should be brought without delay before the appropriate judge, this right being recognized in such instruments as the United Nations International Covenant on Civil and Political Rights and the American Declaration of the Rights and Duties of Man. In the case of persons engaged in trade union activities, this is one of the civil liberties which should be ensured by the authorities in order to guarantee the exercise of trade union rights.

1. It is one of the fundamental rights of the individual that a detainee be brought without delay before the appropriate judge and, in the case of trade unionists, freedom from arbitrary arrest and detention and the right to a fair and rapid trial are among the civil liberties which should be ensured by the authorities in order to guarantee the normal exercise of trade union rights.

1. Anyone who is arrested should be informed, at the time of the arrest, of the reasons for the arrest and should be promptly notified of any charges brought against her or him.

1. It should be the policy of every government to ensure observance of human rights and especially of the right of all detained or accused persons to receive a fair trial at the earliest possible moment.

1. The Committee has emphasized the importance that should be attached to the principle that all arrested persons should be subject to normal judicial procedure in accordance with the principles enshrined in the Universal Declaration of Human Rights, and in accordance with the principle that it is a fundamental right of the individual that a detained person should be brought without delay before the appropriate judge, this right being recognized in such instruments as the International Covenant on Civil and Political Rights, the American Declaration of the Rights and Duties of Man and the American Convention of Human Rights.

1. Detained trade unionists, like anyone else, should benefit from normal judicial proceedings and have the right to due process, in particular, the right to be informed of the charges brought against them, the right to have adequate time and facilities for the preparation of their defence and to communicate freely with counsel of their own choosing, and the right to a prompt trial by an impartial and independent judicial authority.

1. Respect for due process of law should not preclude the possibility of a fair and rapid trial and, on the contrary, an excessive delay may intimidate the employers leaders concerned, thus having repercussions on the exercise of their activities.

1. As concerns allegations that legal proceedings are overly lengthy, the Committee has recalled the importance it attaches to such proceedings being concluded expeditiously, as justice delayed is justice denied.

1. Justice delayed is justice denied.

1. The absence of guarantees of due process of law may lead to abuses and result in trade union officials being penalized by decisions that are groundless. It may also create a climate of insecurity and fear which may affect the exercise of trade union rights.

1. The safeguards of normal judicial procedure should not only be embodied in the law, but also applied in practice.

1. The Committee has drawn attention to the importance that should be attached to the principle that not only must justice be done, it must also be seen to be done.

1. When the Government carries out investigations on trade unions and their members, they should be based on duly founded accusations and kept strictly confidential, in order to prevent trade unions, their officials and members from being stigmatized, a situation that could pose a threat to their lives or safety.

1. Due process of law should include the non-retroactive application of the criminal law.

1. The Committee has always attached great importance to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences.

1. If a government has sufficient grounds for believing that the persons arrested have been involved in subversive activity, these persons should be rapidly tried by the courts with all the safeguards of a normal judicial procedure.

1. In cases where the complainants alleged that trade union leaders or workers had been arrested for trade union activities, and the governments replies amounted to general denials of the allegation or were simply to the effect that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has always followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings, in order to be able to make a proper examination of the allegations.

1. In many cases, the Committee has asked the governments concerned to communicate the texts of any judgements that have been delivered together with the grounds adduced therefor.

1. The Committee has emphasized that when it requests a government to furnish judgements in judicial proceedings, such a request does not reflect in any way on the integrity or independence of the judiciary. The very essence of judicial procedure is that its results are known, and confidence in its impartiality rests on their being known.

1. The Committee has pointed out that, where persons have been sentenced on grounds that have no relation to trade union rights, the matter falls outside its competence. It has, however, emphasized that whether a matter is one that relates to the criminal law or to the exercise of trade union rights is not one which can be determined unilaterally by the government concerned. This is a question to be determined by the Committee after examining all the available information and, in particular, the text of the judgement.

1. If in certain cases the Committee has reached the conclusion that allegations relating to measures taken against trade unionists did not warrant further examination, this was only after it had received information from the governments showing sufficiently precisely that the measures were in no way occasioned by trade union activities, but solely by activities outside the trade union sphere that were either prejudicial to public order or political in nature.

1. When it appeared from the information available that the persons concerned had been judged by the competent judicial authorities, with the safeguards of normal procedure, and sentenced on account of actions which were not connected with normal trade union activities or which went beyond the scope of such activities, the Committee has considered that the case called for no further examination.

1. Any trade unionist who is arrested should be presumed innocent until proven guilty after a public trial during which he or she has enjoyed all the guarantees necessary for his or her defence.

1. The Committee has recalled that the International Covenant on Civil and Political Rights, in Article 14, states that everyone charged with a criminal offence shall have the right to adequate time and the necessary facilities for the preparation of their defence and to communicate with counsel of their own choosing.

1. Article 14 of the International Covenant on Civil and Political Rights provides that everyone convicted of a crime shall have the right to his/her conviction and sentence being reviewed by a higher tribunal according to law.

1. The right to legal counsel of ones own choosing should result in an obligation on the Government to investigate allegations of harassment of lawyers and ensure that the defendants can benefit from unobstructed legal counsel.

1. The Committee is not required to express an opinion on the question of the granting of permission for a foreign lawyer to plead.

1. The Committee considered that the provisions of a legislation which permit the Minister in his discretion to confine trade union leaders to a particular area, to prohibit them from entering the areas in which they normally carry on their trade union activities, and to hold them in solitary confinement for a 90 days' period which can be renewed, without trial or even without charges being laid, are incompatible with the right to exercise trade union activities and functions and with the principle of fair trial.

Freedom of movement

1. Trade unionists, just like all persons, should enjoy freedom of movement. In particular they should enjoy the right, subject to national legislation, which should not be such so as to violate freedom of association principles, to participate in trade union activities abroad.

1. The Committee has drawn attention to the importance that it attaches to the principle set out in the Universal Declaration of Human Rights that everyone has the right to leave any country, including ones own, and to return to ones own country.

1. The Committee recalls the importance that it attaches to the principle set out in the Universal Declaration of Human Rights that everyone has the right to leave any country, including ones own, and to return to ones own country, particularly when participation in the activities of organizations of employers or workers abroad is involved.

1. As regards the climate of intimidation which has led a large number of activists and trade union leaders to go into exile, the Committee recalled that the forced exile of trade unionists is a serious violation of freedom of association. Therefore, it urged the Government to enable these unionists to return to the country and to carry out their trade union activities in full freedom.

1. The imposition of sanctions, such as restricted movement, house arrest or banishment for trade union reasons, constitutes a violation of the principles of freedom of association. The Committee has considered it unacceptable that sanctions of this nature should be imposed by administrative action.

1. As regards the exile, banishment or the placing under house arrest of trade unionists, the Committee, while recognizing that this procedure may be occasioned by a crisis in a country, has drawn attention to the appropriateness of this procedure being accompanied by all the safeguards necessary to ensure that it shall not be utilized for the purpose of impairing the free exercise of trade union rights.

1. The exile of trade unionists, which is in violation of human rights, is particularly grave since it deprives the persons concerned of the possibility of working in their country and of maintaining contacts with their families.

1. The granting of freedom to a trade unionist on condition that he leave the country is not compatible with the free exercise of trade union rights.

1. The Committee noted that the expulsion from their country of trade union or employers' leaders for activities related to the exercise of their functions as such is not only contrary to human rights but is, furthermore, an interference in the activities of the organization to which they belong.

1. Measures of deportation of trade union leaders while legal appeals are pending may involve a risk of serious interference with trade union activities.

1. The restriction of a persons movements to a limited area, accompanied by the prohibition of entry into the area in which his or her trade union operates and in which he or she normally carries on trade union functions, is inconsistent with the normal enjoyment of the right of association and with the exercise of the right to carry on trade union activities and functions.

1. The loss of fundamental rights, namely, the right to stay in or pass through towns for a long period, could be justified only with reference to criminal charges unconnected with trade union activities, and is serious enough to impugn the personal integrity of the individual concerned.

Rights of assembly and demonstration

Internal meetings of organizations, meetings in their premises and in relation to labour disputes

1. Trade unions should be able to hold meetings without the need to communicate the agenda to the authorities, in accordance with the principle embodied in Article 3 of Convention No. 87, whereby organizations have the right freely to organize their activities without interference from the authorities.

1. The right of occupational organizations to hold meetings in their premises to discuss occupational questions, without prior authorization and interference by the authorities, is an essential element of freedom of association and the public authorities should refrain from any interference which would restrict this right or impede its exercise, unless public order is disturbed thereby or its maintenance seriously and imminently endangered.

1. The right to strike and to organize union meetings are essential aspects of trade union rights, and measures taken by the authorities to ensure the observance of the law should not, therefore, prevent unions from organizing meetings during labour disputes.

1. Freedom of assembly and freedom of opinion and expression are a sine qua non for the exercise of freedom of association.

1. Where a representative of the public authorities can attend trade union meetings, this may influence the deliberations and the decisions taken (especially if this representative is entitled to participate in the proceedings) and hence may constitute an act of interference incompatible with the principle of freedom to hold trade union meetings.

1. The Committee considered that a provision of a regulation concerning the presence of a Ministry representative at meetings of the general assembly of a trade union or an employers organization posed a serious risk of interference by the public authorities.

Public meetings and demonstrations

1. Workers should enjoy the right to peaceful demonstration to defend their occupational interests.

1. The right to organize public meetings constitutes an important aspect of trade union rights. In this connection, the Committee has always drawn a distinction between demonstrations in pursuit of purely trade union objectives, which it has considered as falling within the exercise of trade union rights, and those designed to achieve other ends.

1. Protests are protected by the principles of freedom of association only when such activities are organized by trade union organizations or can be considered as legitimate trade union activities as covered by Article 3 of Convention No. 87.

1. Trade union organizations should conduct themselves responsibly and respect the peaceful manner in which the right of assembly should be exercised.

1. The right to organize public meetings and processions, particularly on the occasion of May Day, constitutes an important aspect of trade union rights.

1. The holding of public meetings and the voicing of demands of a social and economic nature on the occasion of May Day are traditional forms of trade union action. Trade unions should have the right to organize freely whatever meetings they wish to celebrate on May Day, provided that they respect the measures taken by the authorities to ensure public order.

1. A demonstration to commemorate the 50th anniversary of Convention No. 87 falls within the exercise of trade union rights.

1. A procession to request the implementation of the recommendations of the Committee on Freedom of Association falls within the exercise of trade union rights.

1. Trade union rights include the right to organize public demonstrations. Although the prohibition of demonstrations on the public highway in the busiest parts of a city, when it is feared that disturbances might occur, does not constitute an infringement of trade union rights, the authorities should strive to reach agreement with the organizers of the demonstration to enable it to be held in some other place where there would be no fear of disturbances.

1. The authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace.

1. The requirement of administrative permission to hold public meetings and demonstrations is not objectionable per se from the standpoint of the principles of freedom of association. The maintenance of public order is not incompatible with the right to hold demonstrations so long as the authorities responsible for public order reach agreement with the organizers of a demonstration concerning the place where it will be held and the manner in which it will take place.

1. Permission to hold public meetings and demonstrations, which is an important trade union right, should not be arbitrarily refused.

1. Although the right of holding trade union meetings is an essential aspect of trade union rights, the organizations concerned must observe the general provisions relating to public meetings, which are applicable to all. This principle is contained in Article 8 of Convention No. 87, which provides that workers and their organizations, like other persons or organized collectivities, shall respect the law of the land.

1. Workers organizations should respect legal provisions on public order and abstain from acts of violence in demonstrations.

1. Trade unions must conform to the general provisions applicable to all public meetings and must respect the reasonable limits which may be fixed by the authorities to avoid disturbances in public places.

1. The right to hold trade union meetings cannot be interpreted as relieving organizations from the obligation to comply with reasonable formalities when they wish to make use of public premises.

1. The principles of freedom of association do not protect abuses consisting of criminal acts while exercising protest action.

1. It is for the government, which is responsible for the maintenance of public order, to decide whether meetings, including trade union meetings, may, in particular circumstances, endanger public order and security, and to take any necessary preventive measures.

1. Trade unions should respect legal provisions which are intended to ensure the maintenance of public order; the public authorities should, for their part, refrain from any interference which would restrict the right of trade unions to organize the holding and proceedings of their meetings in full freedom.

1. The obligation on a procession to follow a predetermined itinerary does not constitute a violation of trade union rights.

1. A time restriction placed by legislation on the right to demonstrate is not justified and may render that right inoperative in practice.

1. In general, the use of the forces of order during trade union demonstrations should be limited to cases of genuine necessity.

1. The police authorities should be given precise instructions so that, in cases where public order is not seriously threatened, people are not arrested simply for having organized or participated in a demonstration.

International trade union and employers organizations meetings

1. Trade union meetings of an international character may give rise to special problems, not only because of the nationality of the participants, but also because of the international policy and commitments of the country in which these meetings are to take place. As a result of such commitments, the government of a particular country may consider it necessary to adopt restrictive measures on the grounds of certain special circumstances prevailing at a particular time. Such measures might be justified in exceptional cases, having more regard to specific situations, and provided they conform to the laws of the country. However, it should never be possible to apply measures of a general nature against particular trade union organizations unless in each case sufficient grounds exist to justify the government decision, such as genuine dangers which may arise for the international relations of a State or for security and public order. Otherwise, the right of assembly, the exercise of which by international organizations should also be recognized, would be seriously restricted.

1. Participation by trade unionists in international trade union meetings is a fundamental trade union right and governments should therefore abstain from any measure, such as withholding travel documents, that would prevent representatives of workers organizations from exercising their mandate in full freedom and independence.

Freedom of opinion and expression

General principles

1. Freedom of opinion and expression constitutes one of the basic civil liberties essential for the normal expression of trade union rights.

1. The Committee wishes to emphasize the importance which it places on respect for the basic civil liberties of trade unionists and for employers organizations, including freedom of expression, as essential prerequisites to the full exercise of freedom of association.

1. Freedom of opinion and expression and, in particular, the right not to be penalized for ones opinions, is an essential corollary of freedom of association, and workers, employers and their organizations should enjoy freedom of opinion and expression in their meetings, publications and in the course of their trade union activities.

1. The full exercise of trade union rights calls for a free flow of information, opinions and ideas, and to this end workers, employers and their organizations should enjoy freedom of opinion and expression at their meetings, in their publications and in the course of other trade union activities. Nevertheless, in expressing their opinions, these organizations should respect the limits of propriety and refrain from the use of insulting language.

1. The authorities threatening to press criminal charges in response to legitimate opinions of trade union representatives may have an intimidating and detrimental effect on the exercise of trade union rights.

1. The Committee emphasizes the close link between the rights of employers organizations and the exercise of fundamental rights in practice, including freedom of expression.

1. The right of workers and employers organizations to express opinions through the press or otherwise is an essential aspect of trade union rights.

1. The right to express opinions without previous authorization through the press is one of the essential elements of the rights of occupational organizations.

1. The right to express opinions through the press or otherwise is an essential aspect of trade union rights and the full exercise of trade union rights calls for a free flow of information, opinions and ideas within the limits of propriety and non-violence.

1. The right of workers and employers organizations to express their opinions through the press or other social communication media is a fundamental element of freedom of association and the authorities should abstain from unduly impeding its lawful exercise, and should fully guarantee freedom of expression in general and that of employers organizations.

1. The Committee requested a government to guarantee through the existence of independent means of expression, the free flow of ideas, essential to the life and well-being of employers and workers organizations.

1. The freedom of expression which should be enjoyed by trade unions and their leaders should also be guaranteed when they wish to criticize the governments economic and social policy.

1. The right to express opinions, including those criticizing the Governments economic and social policy, is one of the essential elements of the rights of occupational organizations.

1. The Committee requested a Government to ensure that public officials trade unions have the possibility to express their views publicly on the wider economic and social policy questions which have a direct impact on their members interests.

1. The right of an employers or workers organization to express its opinion uncensored through the independent press should in no way differ from the right to express opinions in exclusively occupational or trade union journals.

1. In a case in which the major communications media had been closed down for months, the Committee emphasized that the right of workers and employers organizations to express their views in the press or through other media is one of the essential elements of freedom of association; consequently the authorities should refrain from unduly impeding its lawful exercise.

1. Measures taken against the media used by employers organizations or which are more or less in tune with the employers socio-economic stance can impede the means through which employers organizations exercise their freedom of expression.

1. The Committee requested a government to refrain from all interference in the editorial line of independent communication media, including the use of economic or legal sanctions, and to guarantee through the existence of independent means of expression, the free flow of ideas, essential to the life and well-being of employers and workers organizations.

1. With regard to legislation which allowed the temporary or definitive suspension of journals and publications which compromise the economic stability of the nation, the Committee considered that such restrictions, which amount to a constant threat of suspension of publications, cannot but impede considerably the right of trade union and professional organizations to express their views in the press, in their own publications or through other media, which is one of the essential elements of trade union rights and consequently governments should refrain from unduly impeding the lawful exercise thereof.

1. As a general rule, the distribution of leaflets calling on workers to take industrial action is a legitimate trade union activity.

1. The choice of union insignia falls within the scope of freedom of expression, the respect of which is essential for the normal exercise of trade union rights, and therefore should, as a general principle, be left solely to the internal affairs of the trade union in question.

1. The display of union flags at meetings in the workplace, the putting up of union bulletin boards, the distribution of union news and leaflets, the signing of petitions and participation in union rallies constitute legitimate trade union activities.

1. The prohibition of the placing of posters stating the point of view of a trade union organization is an unacceptable restriction on trade union activities.

1. While having stressed the importance which it attaches to freedom of expression as a fundamental corollary to freedom of association and the exercise of trade union rights on numerous occasions, the Committee has also considered that they must not become competing rights, one aimed at eliminating the other.

1. The resolution of 1970 concerning trade union rights and their relation to civil liberties places special emphasis on freedom of opinion and expression, which are essential for the normal exercise of trade union rights.

Authorization and censorship of publications

1. If before being able to publish a newspaper trade unions are required to furnish a substantial bond, this would constitute, especially in the case of smaller unions, such an unreasonable condition as to be incompatible with the exercise of the right of trade unions to express their opinions through the press.

1. The fear of the authorities of seeing a trade union newspaper serve political ends unrelated to trade union activities or which, at least, lie far outside their normal scope, is not a sufficient reason to refuse to allow such a newspaper to appear.

1. The publication and distribution of news and information of general or special interest to trade unions and their members constitutes a legitimate trade union activity and the application of measures designed to control publication and means of information may involve serious interference by administrative authorities with this activity. In such cases, the exercise of administrative authority should be subject to judicial review at the earliest possible moment.

1. The discretionary power of the public authorities to revoke the licence granted to a trade union newspaper, without it being possible to appeal against such decisions to a court of law, is not compatible with the provisions of Convention No. 87, which provides that workers organizations have the right to organize their activities without interference by the public authorities.

1. Placing leaflets containing slogans such as let those who caused the crisis pay for it, fight substandard employment, and we demand our night shift pay or similar slogans on the list of extremist literature impedes considerably the right of trade unions to express their views and is an unacceptable restriction on trade union activities and, as such, a grave violation of freedom of association.

1. While the imposition of general censorship is primarily a matter that relates to civil liberties rather than to trade union rights, the censorship of the press during an industrial dispute may have a direct effect on the conduct of the dispute and may prejudice the parties by not allowing the true facts surrounding the dispute to become known.

Publications of a political character

1. When issuing their publications, trade union organizations should have regard, in the interests of the development of the trade union movement, to the principles enunciated by the International Labour Conference at its 35th Session (1952) for the protection of the freedom and independence of the trade union movement and the safeguarding of its fundamental task, which is to ensure the social and economic well-being of all workers.

1. In a case in which a trade union newspaper, in its allusions and accusations against the government, seemed to have exceeded the admissible limits of controversy, the Committee pointed out that trade union publications should refrain from extravagance of language. The primary role of publications of this type should be to deal with matters essentially relating to the defence and furtherance of the interests of the unions members in particular and with labour questions in general. The Committee, nevertheless, recognized that it is difficult to draw a clear distinction between what is political and what is strictly trade union in character. It pointed out that these two notions overlap, and it is inevitable and sometimes normal for trade union publications to take a stand on questions having political aspects, as well as on strictly economic or social questions.

1. In a case where the distribution of all the publications of a trade union organization was prohibited, the Committee suggested that the order in question be re-examined in the light of the principle that trade union organizations should have the right to distribute the publications in which their programme is formulated, and so as to distinguish between those trade union publications which deal with problems normally regarded as falling directly or indirectly within the competence of trade unions and those which are obviously political or anti-national in character.

Seizure of publications

1. The confiscation of May Day propaganda material or other trade union publications may constitute a serious interference by the authorities in trade union activities.

1. The attitude adopted by the authorities in systematically seizing a trade union newspaper does not seem to be compatible with the principle that the right to express opinions through the press or otherwise is one of the essential aspects of trade union rights.

Freedom of speech at the International Labour Conference

1. The Committee has pointed out that delegates of workers and employers organizations to the International Labour Conference deal, in their speeches, with questions which are of direct or indirect concern to the ILO. The functioning of the Conference would risk being considerably hampered and the freedom of speech of the workers and employers delegates paralysed if they were to be threatened with criminal prosecution based, directly or indirectly, on the contents of their speeches at the Conference. Article 40 of the Constitution of the Organization provides that delegates to the Conference shall enjoy such immunities as are necessary for the independent exercise of their functions in connection with the Organisation. The right of delegates to the Conference to express freely their point of view on questions within the competence of the Organization implies that delegates of employers and workers organizations have the right to inform their members in their respective countries of their speeches. The arrest and sentencing of a delegate following a speech to the Conference jeopardize freedom of speech for delegates as well as the immunities they should enjoy in this regard.

Protection against disclosure of information on the membership and activities of organizations

1. Tampering with correspondence is an offence which is incompatible with the free exercise of trade union rights and civil liberties; the International Labour Conference in its 1970 resolution on trade union rights and their relation to civil liberties stated that particular attention should be given to the right to the inviolability of correspondence and telephonic conversations.

1. In one case where it was alleged that the military police had sent out a questionnaire to undertakings in which it was asked whether there were any natural leaders among the employees, strike instigators, trade union delegates or workers organizations in the undertaking, the Committee considered that such an inquiry could involve a risk of being put to improper use by the military authorities or the police in the event of a labour dispute. For example, workers might be taken into custody simply because they were on a list of persons thus established, even though they had not committed any offence. The Committee also considered that, because of the atmosphere of mistrust that it created, such a procedure was hardly favourable for the development of harmonious industrial relations.

1. The confidentiality of trade union membership should be ensured. A code of conduct should be established between trade unions, governing the conditions in which membership data is to be supplied, through appropriate means of personal data processing, with guarantees of absolute confidentiality.

1. The establishment of a register containing data on trade union members does not respect rights of the person (including privacy rights) and such a register may be used to compile blacklists of workers.

1. The police should abstain from any declaration which might damage the reputation of a trade union as long as the matters in question have not been confirmed by the judicial authorities.

Protection of trade union and employers organizations premises and property

1. It is stated in the resolution on trade union rights and their relation to civil liberties, adopted by the International Labour Conference at its 54th Session (1970), that the right to adequate protection of trade union property is one of those civil liberties which are essential for the normal exercise of trade union rights.

1. The Committee recalls that the inviolability of trade union premises and property, including its mail, is a civil liberty which is essential to the exercise of trade union rights.

1. The Committee has drawn attention to the importance of the principle that the property of trade unions should enjoy adequate protection.

1. The occupation of trade union premises by the security forces, without a court warrant authorizing such occupation, is a serious interference by the authorities in trade union activities.

1. The right of the inviolability of the premises of organizations of workers and employers also necessarily implies that the public authorities may not insist on entering such premises without prior authorization or without having obtained a legal warrant to do so.

1. The entry by police or military forces into trade union premises without a judicial warrant constitutes a serious and unjustifiable interference in trade union activities.

1. Any search of trade union premises, or of unionists homes, without a court order constitutes an extremely serious infringement of freedom of association.

1. When examining allegations of attacks carried out against trade union premises and threats against trade unionists, the Committee has recalled that activities of this kind create among trade unionists a climate of fear which is extremely prejudicial to the exercise of trade union activities and that the authorities, when informed of such matters, should carry out an immediate investigation to determine who is responsible and punish the guilty parties.

1. Searches of trade union premises should be made only following the issue of a warrant by the ordinary judicial authority where that authority is satisfied that there are reasonable grounds for supposing that evidence exists on the premises material to a prosecution for a penal offence and on condition that the search be restricted to the purpose in respect of which the warrant was issued.

1. If trade union premises are used as a refuge by persons who have committed serious crimes, or as a meeting place for a political organization, the trade unions concerned cannot claim any immunity against the entry of the authorities into these premises.

1. Even if police intervention in trade union premises may be justified in particularly serious circumstances, such intervention should in no case entail the ransacking of the premises and archives of an organization.

1. The burglary of trade union headquarters and theft from trade union organizations or trade unionists require that judicial investigations be promptly carried out in order to clarify fully as soon as possible the events and the circumstances in which they occurred, so as to be able to identify, to the extent possible, those responsible, to determine the motives of the offences, to punish those responsible, to prevent the repetition of such acts and to make possible the recovery of the stolen property.

1. The occupation or sealing of trade union premises should be subject to independent judicial review before being undertaken by the authorities in view of the significant risk that such measures may paralyse trade union activities.

1. The confiscation of trade union property by the authorities, without a court order, constitutes an infringement of the right of trade unions to own property and undue interference in trade union activities.