Rapport définitif - Rapport No. 110, 1969

Cas no 519 (Grèce) - Date de la plainte: 28-AVR. -67 - Clos

1. 47. The Committee examined this case previously at its sessions in May 1967, November 1967 and November 1968. On those occasions it submitted interim reports, which were approved by the Governing Body at its 169th Session (June 1967), 170th Session (November 1967) and 173rd Session (November 1968), respectively.

A. A. The complainants' allegations

1. 48. On last examining the case the Committee recalled that the Government had been requested to state whether the measures taken by virtue of Royal Decree No. 280 of 21 April 1967 were still in force, and to indicate precisely the rules that governed, in law and in practice, military tribunal procedure, the right of workers to form organisations of their own choosing and the right to strike. The Committee also recalled that the Government had been asked to make specific observations on the allegations analysed in paragraphs 481 to 483 of the Committee's 101st Report, according to which, inter alia, the public authorities had compelled trade union officials to cease their activities, the Government had interfered in the organisation of the trade unions, particularly in respect of the composition of their managing committees, and the existing unions were merely tools of the régime.
2. 49. The observations made by the Government in reply to these requests for information-contained in three communications dated 23 May, 29 May and 1 June 1968-were analysed in detail in paragraphs 260 to 278 of the Committee's 108th Report.
3. 50. In these observations the Government declared that the promulgation of Royal Decree No. 280 had had the effect not of abolishing the guarantees afforded by the Constitution but simply of enabling the authorities to disregard some of them if circumstances justified such a course; that apart from the organisations dissolved, which, according to the Government, were controlled by the Communists, the workers' organisations were functioning normally; that workers had the right to establish organisations of their own choosing; that trade unions were not " under the direct orders of the Government "; that they were free to convene meetings; that the right to strike had been virtually re-established; that the question of freedom of the press would be regulated by law, and that censorship had already been lifted for several newspapers and periodicals.
4. 51. As regards courts martial, the Government stated that their procedure was almost identical with that of the ordinary courts and based on the same principles of a public hearing, respect for the rights of the defence and the right of appeal.
5. 52. As for the arrests carried out, the Government affirmed that nobody had been arrested for trade union activities and added that, in any case, several measures of clemency had been taken and a number of persons had been released.
6. 53. The Government further stated that article 10 of the former Constitution concerning the protection of the right of assembly had been brought into force again in respect of the exercise of this right by members of workers' and employers' organisations, and so had article 11 concerning protection of freedom of association " in respect of the exercise of this freedom for the satisfaction of occupational aims ". The Government also stated that the right of association of civil servants and employees of public corporations might be made subject to certain restrictions and that these categories of workers were not permitted to strike.
7. 54. Lastly, the Government stated that a legislative decree had laid down that the property of dissolved trade unions was to be transferred, upon a ruling by a court of first instance, to occupational associations, federations or workers' central organisations pursuing similar aims.
8. 55. At its November 1968 session the Committee also had before it a communication from the Government dated 30 October 1968 and containing a further series of observations. Considering, however, that this communication had arrived too late for it to be examined in detail, the Committee decided to postpone the examination thereof until the following session.
9. 56. Still at its November 1968 session, while expressing no opinion as to the substance of the case, the Committee noted that the matters referred to in the case (independence of the trade union movement, transfer of the property of organisations that had been dissolved, trade union rights of civil servants, etc.) raised a number of problems calling in question the principles of freedom of association and the respect by Greece for the obligations it has assumed in ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
10. 57. In this connection the Committee noted that, in its General Report, the Committee on the Application of Conventions and Recommendations at the 52nd Session of the International Labour Conference, held in June 1968, had stated that it considered that there were very serious breaches in the applications of Convention No. 87 by Greece, and had found that the guarantees laid down in that Convention had not been re-established. The Committee noted that the Conference Committee had expressed its regret at this situation, " which jeopardised some of the fundamental rights of the workers " s, and had drawn the attention of the Conference to the case of Greece, expressing the hope that urgent measures would be taken by the Government to ensure the full enjoyment of the rights in question.
11. 58. The Committee further noted that complaints under article 26 of the Constitution of the ILO concerning the observance by Greece of Conventions Nos. 87 and 98 had been lodged by a number of delegates to the 52nd Session of the Conference, that these complaints related to various aspects of the allegations before the Committee, and that the question of the action that should be taken on them was to be examined by the Governing Body at its November 1968 session.
12. 59. At that session the Governing Body decided to transmit the complaints in question to the Government, requesting it to communicate its observations thereon by 15 January 1969 at the latest. These observations were forwarded to the Director-General in a communication dated 14 January 1969 from the Greek Government; they will be placed before the Governing Body at its 174th Session.
13. 60. With regard to the communication from the Government dated 30 October 1968, the examination of which the Committee had decided to postpone, it repeats the explanations already given by the Greek authorities on earlier occasions, adding some details.
14. 61. Thus, the Government reaffirms that the Greek trade union movement enjoys full independence, that occupational organisations function freely in accordance with their Constitutions and that trade union property is adequately protected. It again states that trade unions are allowed to convene meetings and adds that many of them have already held elections for their new executive committees.
15. 62. The Government further declares that the daily and periodical press is free and not subject to censorship, and that, as far as the trade union press is concerned, it has never been subject to censorship.
16. 63. With regard to the dissolution of certain occupational organisations, the Government asserts that the sole reason for this lies in the fact that the organisations in question had departed from the aims laid down in their Constitution and were engaged in political activities ". It adds that since articles 10 and 11 of the former Constitution were brought back into force no trade union has been dissolved.
17. 64. As for the arrests that have been made, the Government once again declares that no one has been arrested because of his trade union activities and that the 122 arrested trade unionists " are held because they are dangerous to law and order and national security ".
18. 65. The Government further declares that " it is not true that trade unionists have been forced to give up their activities ".
19. 66. The Government also gives the following details in its communication of 30 October 1968. It states in particular that the new national Constitution, " drawn up on the most progressive lines and adapted to the situation in Greece ", provides in article 18 that " Greeks have the right to associate peaceably and without arms ", and in article 19 that they " have the right to associate, in accordance with the law, which shall in no case make this right subject to previous authorisation by the Government ". The Government adds that articles 18 and 19 will be applied, as far as occupational organisations are concerned, as soon as the Constitution comes into force, that is once appeals alleging non-validity of the referendum have been heard by the Court of Cassation.
20. 67. " Furthermore ", the Government states, " in the desire to bring Greek legislation on occupational organisations into line with the provisions of International Labour Conventions and with the suggestions of the Committee of Experts, we have promulgated Royal Decree No. 667 of 1968, consolidating the legislation in force in respect of occupational organisations ". The text of this decree was appended to the Government's communication.
21. 68. Lastly, as concerns the competence of courts martial, the Government states: " Following the promulgation of the Royal Decree of 29 May 1968, bringing back into force articles 10 and 11 of the 1952 Constitution with regard to occupational organisations, and of the General Staff Ordinance, it was provided that military commanders have no powers to interfere with organisations pursuing occupational ends. It was further established that the General Staff Ordinance dated 1 September 1967 and promulgated under the State of Emergency Act, as well as any similar legislation, was no longer in force in so far as it was contrary to the Constitutional protection of the right of occupational organisations to meet and associate, all powers of courts martial in the matter being abolished."
22. 69. In respect of some of the issues raised in this case the Committee is thus confronted with contradictory statements coming from the complainants on the one hand and the Government on the other in respect of which it is difficult for it to express an opinion. This is particularly the case with the allegations relating to the arrest of trade unionists, the dissolution of occupational organisations, the freedom of the trade union press and the independence of the trade union movement.
23. 70. As regards other aspects of the case, however, it is possible for the Committee, on the basis of the information at its disposal, if not to reach final conclusions, at least to make certain observations. This is the case in particular with the points relating to the trade union rights of civil servants and the transfer of the property of dissolved trade unions.
24. 71. There are, finally, other questions which arise out of a situation which is not yet stabilised and concerning which the Committee could not express an opinion at this stage. Here the Committee has in mind in particular the new Greek Constitution, which according to the information available to the Committee is not yet fully applied in practice.
25. 72. With regard to the points mentioned in paragraph 69 above, the Committee, without going into their substance, considers that it would not be inappropriate to recall the principles by which it has always been guided when dealing with similar situations.
26. 73. Thus, as regards the arrest of trade unionists, the Committee wishes to draw attention to the importance which the Governing Body has always attached to the principle that, in all cases, including those where trade unionists are accused of political offences or common law crimes which the government considers to be unconnected with their trade union activities, the persons in question should be judged promptly by an impartial and n dependent judicial authority.
27. 74. With regard to the dissolution of workers' organisations, the Committee feels bound to stress the principle contained in Article 4 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Greece, to the effect that workers' and employers' organisations should not be liable to be dissolved or suspended by administrative authority.
28. 75. As far as the freedom of the trade union press is concerned, the Committee must emphasise, as it has always done, that the right to express opinions through the press or otherwise is one of the essential elements of trade union rights.
29. 76. Lastly, as concerns the independence of the trade union movement, and also more generally, the Committee wishes to recall the terms of the resolution concerning the independence of the trade union movement adopted by the International Labour Conference at its 35th Session (Geneva, 1952), according to which " it is essential for the trade union movement in each country to preserve its freedom and independence so as to be in a position to carry forward its economic and social mission irrespective of political changes "; when trade unions decide to undertake lawful political action, they must make sure that such action is not " of such a nature as to compromise the continuance of the trade union movement or its social and economic functions irrespective of political changes in the country "; likewise, " governments in seeking the co-operation of trade unions to carry out their economic and social policies should recognise that the value of this co-operation rests to a large extent on the freedom and independence of the trade union movement as an essential factor in promoting social advancement and should not attempt to transform the trade union movement into an instrument for the pursuance of political aims, nor should they attempt to interfere with the normal functions of a trade union movement because of its freely established relationship with a political party ".

B. B. The Committee's conclusions

1. 77. As for the points mentioned in paragraph 70 above, and firstly the question of the trade union rights of civil servants, the Committee has noted the Government's statement that the right of association of civil servants and employees of public corporations might be made subject to certain restrictions and that these categories of workers are not permitted to strike (see paragraph 53 above).
2. 78. The Committee wishes to recall in this connection that Article 2 of Convention No. 87 is designed to give expression to the principle of non-discrimination in trade union matters and that the words " without distinction whatsoever " used in this Article mean that freedom of association must be guaranteed without discrimination of any kind on the basis of occupation, sex, colour, race, beliefs, nationality, political opinion, etc., not only to workers in the private sector of the economy but also to civil servants and employees of public services in general.
3. 79. With regard to the restrictions on the exercise of the right to strike, the Committee feels bound to recall that while it may be acceptable for strikes to be prohibited or subject to certain restrictions, particularly in the civil service and in essential services, it is important that the prohibition or restrictions in question should be accompanied by adequate guarantees to safeguard fully the interests of the workers who are thus deprived of an essential means of defending their occupational interests, and that conciliation machinery and an impartial arbitration procedure should be established for this purpose, the findings of which should in all cases be binding on both parties, and be promptly and fully implemented.
4. 80. With regard to the transfer of the property of trade unions which have been dissolved-another of the points referred to in paragraph 70 above-the Committee has noted the Government's statement that provision has been made in a legislative decree for the property of such organisations to be transferred, upon a ruling by a court of first instance, to occupational associations, federations or workers' central organisations pursuing similar aims (see paragraph 54 above).
5. 81. The Committee has also noted that the Government has supplied the following details on this question (see paragraphs 277 and 278 of the 108th Report). Act No. 434 of 29 May 1968 stipulates that " the property of every workers' trade union dissolved by the military authorities by virtue of the Act on the State of Emergency shall be transferred in the following order: (a) to another association of the same occupational group with its headquarters in the same place and pursuing the same aims, or, failing such an association, to another association with similar aims, or (b) failing also an association of the latter type, to the local occupational or similar association of a higher degree to which the dissolved union was affiliated (federation, workers' central organisation) or, if the union was not affiliated to such an association, to the General Confederation of Labour of Greece ". It is the court of first instance of the place where the dissolved union had its headquarters that decides which of the associations fulfilling the above conditions shall be considered as the successor of the dissolved union, and for this purpose it examines in particular the economic situation of each, " the possibilities that each may have of fulfilling the aims of the dissolved union and the relation between the aims set forth in the Constitutions of the various associations ".
6. 82. Ever since its First Report the Committee has pointed out that the protection of trade union funds against misuse was a matter which deserved its closest attention. When cases have come before it involving the attachment or confiscation of union funds, the Committee has been guided by the universally accepted criterion that, when an organisation is dissolved, its assets should be provisionally sequestrated and eventually distributed among its former members or handed over to the organisation that succeeds it.
7. 83. In the present case the Committee observes that the assets of the unions dissolved -and dissolved in pursuance of an authoritarian measure taken by the Government-have not been distributed among the members of the unions concerned and there is no provision for them to be so distributed.
8. 84. On the contrary, a law specially promulgated for the occasion provides for the transfer by courts of first instance of the assets of the trade unions dissolved under circumstances which are well known to other organisations as specified in that law. These organisations cover all the levels of the present Greek trade union movement, starting with primary trade unions and ending, in the last resort, if there are no appropriate unions at a lower level, with the General Confederation of Labour of Greece, which is designated by name in the law (see paragraph 81 above).
9. 85. It is true that, under this law, it seems to be considered that the organisations to which the property of dissolved unions is transferred are the " successors " of those unions. It appears to the Committee, however, that that expression should not be taken to include unions which, in fact, merely " take over " from dissolved unions, but unions which pursue the aims for which the dissolved unions were voluntarily established-and pursue them in the same spirit. For reasons which the Committee is unable to determine with any certainty, the unions in question were dissolved by order of the Government; what is more, the organisation to which the property of the dissolved unions has been transferred by virtue of the law is, in the final instance, precisely the one which is alleged to be a " tool of the régime " (see paragraph 483 of the 101st Report).
10. 86. Without expressing a final opinion on this aspect of the case, the Committee considers that the procedure adopted by the Government in this connection might offer scope for abuse and, in any case, does not appear to be consistent with the principle mentioned in paragraph 82 above.

The Committee's recommendations

1. 87. With regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) to reaffirm the importance it has always attached to the principle that in all cases, including those where trade unionists are accused of political offences or common law crimes which the Government considers to be unconnected with their trade union activities, the persons in question should be judged promptly by an impartial and independent judicial authority;
   • (b) to stress the importance of the principle contained in Article 4 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Greece, to the effect that workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority;
   • (c) to recall that the right to express opinions through the press or otherwise is one of the essential elements of trade union rights;
   • (d) to recall the importance which should be attached to the resolution concerning the independence of the trade union movement adopted by the International Labour Conference at its 35th Session (Geneva, 1952), according to which " it is essential for the trade union movement in each country to preserve its freedom and independence so as to be in a position to carry forward its economic and social mission irrespective of political changes "; when trade unions decide to undertake lawful political action, they must make sure that such action is not " of such a nature as to compromise the continuance of the trade union movement or its social and economic functions irrespective of political changes in the country "; likewise, " governments in seeking the co-operation of trade unions to carry out their economic and social policies should recognise that the value of this co-operation rests to a large extent on the freedom and independence of the trade union movement as an essential factor in promoting social advancement and should not attempt to transform the trade union movement into an instrument for the pursuance of political aims, nor should they attempt to interfere with the normal functions of a trade union movement because of its freely established relationship with a political party ";
   • (e) to recall that Article 2 of Convention No. 87 is designed to give expression to the principle of non-discrimination in trade union matters and that the words " without distinction whatsoever " used in this Article mean that freedom of association must be guaranteed without discrimination of any kind on the basis of occupation, sex, colour, race, beliefs, nationality, political opinion, etc., not only to workers in the private sector of the economy but also to civil servants and employees of public services in general;
   • (f) to recall that where, particularly in the civil service and in essential services, strikes are prohibited or subject to certain restrictions, it is important that the prohibitions or restrictions in question should be accompanied by adequate guarantees to safeguard fully the interests of the workers who are thus deprived of an essential means of defending their occupational interests, and that conciliation machinery and an impartial arbitration procedure should be established for this purpose, the findings of which should in all cases be binding on both parties, and be promptly and fully implemented;
   • (g) to stress the need for adequate protection of trade union funds and to recall in this connection the universally accepted criterion that, when an organisation is dissolved, its assets should be provisionally sequestrated and eventually distributed among its former members or handed over to the organisation that succeeds it, within the true meaning of this expression as indicated in paragraph 85 above.