Compilation of decisions of the Committee on Freedom of Association

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.

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.