Rapport définitif - Rapport No. 12, 1954

Cas no 64 (Italie) - Date de la plainte: 01-JUIN -53 - Clos

A. Analysis of the Complaint

1. 84. The complainant alleges that the Italian Government arbitrarily withdrew the passport of the General Secretary of the Italian General Confederation of Labour, who is the President of the World Federation of Trade Unions. As a result, he was not able to be present at the meeting of the Executive Committee of the W.F.T.U in June 1952 or at the 14th Session of the Economic and Social Council of the United Nations, to which he had been mandated as representative of the W.F.T.U, which is a non-governmental organisation enjoying consultative status with the United Nations.
2. 85. In the opinion of the complainant this action by the Italian Government is not only contrary to paragraph 2 of article 13 of the Universal Declaration of Human Rights which recognises the right to leave one's country and to return there, but also, and above all, constitutes an infringement of freedom of association guaranteed by the Freedom of Association and Protection of the Right to Organise Convention, 1948. The complainant points out that the right of a trade union leader to represent an international trade union organisation is the corollary of the right of trade unions to affiliate to international workers' organisations, a right which is expressly recognised by this Convention. The fact of denying the right to travel on official duty to responsible members of non-governmental organisations having consultative status with the United Nations also constitutes an infringement of the rights and privileges of these organisations.

B. Analysis of the Reply

1. 86. The Italian Government maintains that in principle it could refuse to reply to the allegations of the W.F.T.U, on the grounds that this organisation has no official status entitling it to ask for explanations concerning questions outside the normal framework of relations with the I.L.O, which are based on collaboration of a technical and economic nature. Nevertheless, from respect for the I.L.O, the Government presents the following observations on the facts of the case.
2. 87. The Italian Government maintains that the withdrawal of a passport is a purely domestic matter. Such a measure is authorised by virtue of article 9 of Decree No. 39 of 31 January 1901 for reasons of public order, as well as by the provisions of the Italian Constitution which subordinates the exercise of any right to the accomplishment of the corresponding duties (article 2) and particularly with respect to legality (article 54), as well as to the internal and external security of the State.
3. 88. In the case in question the passport was withdrawn from the person concerned on 27 April 1952, following an accusation made by the Prosecutor of the Republic that the person concerned had carried on anti-national activities abroad by means of publications which were slanderous and insulting towards Italy, activities which fall under the provisions of article 269 of the Penal Code.
4. 89. The Government maintains that it fully respects freedom of association but that in taking the measures complained of it acted within the exercise of its national sovereignty.

C. C. The Committee's conclusions

1. 90. Although it presents observations on the allegations made by the complainant, the Italian Government maintains that the W.F.T.U has no right to demand explanations from a government on a question which does not fall within the framework of normal relations with the I.L.O, which are based exclusively on technical and economic collaboration. It thus appears to dispute the receivability of the complaint.
2. 91. It should be recalled that by virtue of the decisions of the Governing Body and of the Economic and Social Council of the United Nations concerning the establishment of a Fact-Finding and Conciliation Commission on Freedom of Association, approved by the International Labour Conference at its 33rd Session in June 1950, the only complaints which are receivable, except for those officially transmitted to the I.L.O by the General Assembly or the Economic and Social Council of the United Nations, are those which are received from workers' or employers' organisations, or from governments."
3. 92. In view of the fact that the World Federation of Trade Unions is a workers' organisation within the meaning of the above-mentioned provisions, the Committee considers that the complaint presented by this organisation is receivable.
4. 93. In reply to the allegation that the Italian Government has infringed trade union rights by withdrawing his passport from the General Secretary of the Italian General Confederation of Labour, the Government maintains that the withdrawal of a passport is a purely domestic measure which the Government may take for reasons of public order and which it took in the present case by reason of the fact that the person concerned, according to accusations made against him by the Prosecutor of the Republic, had carried on anti-national activities abroad by means of publications which were slanderous and insulting towards Italy, activities which fall expressly under the provisions of article 269 of the Penal Code.
5. 94. The Committee recalls that, in an earlier case, it considered a complaint that a government had infringed trade union rights by withdrawing passports from certain trade union leaders. In fact, in Case No. 40: France (Tunisia), it was alleged that the government concerned had refused to grant an exit visa to or had withdrawn passports from certain national trade union leaders, thus preventing them from being present at meetings of an international trade union organisation. The Government replied that the restrictions on freedom of movement of these trade union leaders were due to the fact that their activities were more of a political than of a trade union nature. The Committee considered that although refusal to grant a passport or visas is a matter within the sovereignty of a State, it could in certain cases have repercussions on the exercise of trade union rights. In accordance with the recommendation of the Committee the Governing Body pointed out that the right of national workers' organisations to affiliate to international workers' organisations, which is an important aspect of freedom of association, normally carries with it the right for representatives of national organisations to keep in contact with international workers' organisations to which their organisations are affiliated and to participate in their work and that it is desirable that full freedom be given to them for this purpose.
6. 95. The Committee notes that the present case refers to a similar problem. It is in fact alleged that the government concerned, by withdrawing his passport, prevented the general secretary of a national trade union organisation, who is at the same time president of an international workers' organisation to which the national organisation is affiliated, from participating in the activities of this international workers' organisation.
7. 96. The Committee, while recognising that the refusal to grant a passport is a matter within the sovereignty of a State, considers it necessary to emphasise again that the right of national workers' organisations to affiliate to international workers' organisations, a right which constitutes an important aspect of freedom of association, normally carries with it the right for representatives of national organisations to participate in the work of the international organisations to which their organisations are affiliated.
8. 97. In the present case, however, the Italian Government contends that the withdrawal of the passport was motivated exclusively by reasons of public order, that is, by the fact that the person concerned was accused of having infringed the provisions of article 269 of the Italian Penal Code.
9. 98. Under the provisions of article 269 of the Penal Code, approved by Royal Decree No. 1398 dated 19 October 1930, any Italian citizen who spreads or disseminates, outside the territory of the State, rumours or false, exaggerated or tendentious news on the internal conditions of the State in such a way as to reflect upon the credit or prestige of the State abroad, or who in any way carries on an activity which will bring prejudice upon the national interest, is liable to a penalty of imprisonment of not less than five years.
10. 99. Although the reply of the Italian Government does not indicate whether legal proceedings have been taken in this respect or if the person concerned was found guilty, it appears to be established that the measure was taken in connection with the criminal investigation of the case.
11. 100. It is also established that the Italian Government later gave back his passport to the General Secretary of the Italian General Confederation of Labour, who was thus again able to carry on without restrictions his functions of President of the World Federation of Trade Unions.

The Committee's recommendations

1. 101. In these circumstances the Committee recommends to the Governing Body to decide, subject to the observations made in paragraph 96 above, that the present case does not call for further examination.