ILO-en-strap
NORMLEX
Information System on International Labour Standards

Compilation of decisions of the Committee on Freedom of Association

« Go to Index

Trade union and employers organizations rights and civil liberties2

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.
see related cases
Related CountryReportParagraph
1556Iraq27958
  1. The detention of trade union leaders or members for trade union activities or membership is contrary to the principles of freedom of association.
see related cases
Related CountryReportParagraph
2957El Salvador370411
Digest: 200661
  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.
see related cases
Related CountryReportParagraph
2416Morocco3401027
2426Burundi343279
2508Iran (Islamic Republic of)3461186
2723Fiji362836
2723Fiji365771
2727Venezuela (Bolivarian Republic of)358979
Digest: 200662
  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.
see related cases
Related CountryReportParagraph
2451Indonesia343925
2494Indonesia348962
2528Philippines3461459
2672Tunisia3541142
2735Indonesia358609
2753Djibouti359409
3119Philippines378668
Digest: 200663
  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.
see related cases
Related CountryReportParagraph
1865Republic of Korea340778
1865Republic of Korea353744
2268Myanmar3401094
2268Myanmar3511039
2323Iran (Islamic Republic of)342691
2365Zimbabwe3441433
2528Philippines3561188
2591Myanmar3491089
2620Republic of Korea353793
2712Democratic Republic of the Congo3571084
2723Fiji362836
2723Fiji365771
2761Colombia363436
2882Bahrain364296
Digest: 200664
  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.
see related cases
Related CountryReportParagraph
2585Indonesia349891
2686Democratic Republic of the Congo3551120
Digest: 200665
  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.
see related cases
Related CountryReportParagraph
2760Thailand3591172
Digest: 200666
  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.
see related cases
Related CountryReportParagraph
1865Republic of Korea340778
1865Republic of Korea340
1865Republic of Korea353744
2254Venezuela (Bolivarian Republic of)378850
2323Iran (Islamic Republic of)342691
2426Burundi343279
2620Republic of Korea353793
2828Mexico363897
3018Pakistan372494
3076Maldives376745
Digest: 200667
  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.
see related cases
Related CountryReportParagraph
1865Republic of Korea340765
1865Republic of Korea346774
  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.
see related cases
Related CountryReportParagraph
2494Indonesia348962
2508Iran (Islamic Republic of)3461188
Digest: 200668
  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.
see related cases
Related CountryReportParagraph
2566Iran (Islamic Republic of)351982
2585Indonesia349891
2712Democratic Republic of the Congo3571084
2713Democratic Republic of the Congo371880
2723Fiji362836
Digest: 200669
  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.
see related cases
Related CountryReportParagraph
2228India354114
2440Argentina343242
2449Eritrea343701
2528Philippines3511218
2528Philippines3561188
2548Burundi349535
2585Indonesia349891
2712Democratic Republic of the Congo370693
2761Colombia363436
2771Peru3591091
2828Mexico363897
Digest: 200670
  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.
see related cases
Related CountryReportParagraph
Digest: 200671
  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.
see related cases
Related CountryReportParagraph
1865Republic of Korea340778
1865Republic of Korea353744
2585Indonesia349895
2686Democratic Republic of the Congo3551122
3076Maldives376744
Digest: 200672
  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.
see related cases
Related CountryReportParagraph
2723Fiji362836
  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.
see related cases
Related CountryReportParagraph
Digest: 200673
  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.
see related cases
Related CountryReportParagraph
Digest: 200674
  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.
see related cases
Related CountryReportParagraph
2355Colombia348313
2516Ethiopia348690
2609Guatemala368490
Digest: 200675
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer