Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Comments from trade union organizations. The Committee notes the comments dated 4 August 2011 from the International Trade Union Confederation (ITUC) concerning the implementation of the Convention, in particular the systematic recourse by employers to the judicial authority to ban trade unions from taking industrial action, especially from setting up strike pickets. The ITUC denounces the employers’ failure to respect the “Gentlemen’s Agreement” concluded by the social partners in 2002 on the peaceful settlement of industrial disputes. The Committee recalls that, in its previous observation, it had noted comments on this same point made by the Confederation of Christian Trade Unions (CSC), the General Labour Federation of Belgium (FGTB) and the General Confederation of Liberal Trade Unions of Belgium (CGSLB) dated 21 December 2009. The Committee notes that in its reply, the Government expresses its full recognition of the right to industrial action, such as the right to organize peaceful strike pickets, which it considers inherent in the binding nature of international treaties ratified by Belgium. The Government states that it regrets that certain employers abuse their right of recourse to the judicial authority but indicates that the number of appeals is limited. Recalling the wide network of institutions for sectoral dialogue, conciliation offices and a professional body of social conciliators put in place by the public authorities, the Government also states that it has requested the National Labour Council to examine compliance with the “Gentlemen’s Agreement” signed in 2002 by the social partners. The Committee requests the Government to report on the findings of its examination on compliance with the “Gentlemen’s Agreement” concerning the peaceful settlement of industrial disputes, as well as on any follow-up.

The Committee further recalls that in their communication dated 21 December 2009, the CSC, the FGTB and the CGSLB had also denounced a court decision restricting the autonomy of trade unions in the exercise of their disciplinary powers. In this respect, the Committee notes the Government’s reply that the ruling of first instance that had been criticized had been overturned by the Antwerp Court of Appeal, which considered that a trade union had the right to exclude a member in accordance with its own statutes and respect of the right of defence. The Committee notes this information.

The Committee notes that, in its communication of August 2011, the ITUC reported that the police had made 250 arrests at the Euro-demonstration in Brussels on 29 September 2010, which had been organized by European trade unions; 150 of these arrests had been carried out as a preventive measure, even before the demonstration was held. The Committee requests the Government to provide its observations in reply to the comments by the ITUC.