Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

Freedom of movement

1. Trade unionists, just like all persons, should enjoy freedom of movement. In particular they should enjoy the right, subject to national legislation, which should not be such so as to violate freedom of association principles, to participate in trade union activities abroad.

1. The Committee has drawn attention to the importance that it attaches to the principle set out in the Universal Declaration of Human Rights that everyone has the right to leave any country, including ones own, and to return to ones own country.

1. The Committee recalls the importance that it attaches to the principle set out in the Universal Declaration of Human Rights that everyone has the right to leave any country, including ones own, and to return to ones own country, particularly when participation in the activities of organizations of employers or workers abroad is involved.

1. As regards the climate of intimidation which has led a large number of activists and trade union leaders to go into exile, the Committee recalled that the forced exile of trade unionists is a serious violation of freedom of association. Therefore, it urged the Government to enable these unionists to return to the country and to carry out their trade union activities in full freedom.

1. The imposition of sanctions, such as restricted movement, house arrest or banishment for trade union reasons, constitutes a violation of the principles of freedom of association. The Committee has considered it unacceptable that sanctions of this nature should be imposed by administrative action.

1. As regards the exile, banishment or the placing under house arrest of trade unionists, the Committee, while recognizing that this procedure may be occasioned by a crisis in a country, has drawn attention to the appropriateness of this procedure being accompanied by all the safeguards necessary to ensure that it shall not be utilized for the purpose of impairing the free exercise of trade union rights.

1. The exile of trade unionists, which is in violation of human rights, is particularly grave since it deprives the persons concerned of the possibility of working in their country and of maintaining contacts with their families.

1. The granting of freedom to a trade unionist on condition that he leave the country is not compatible with the free exercise of trade union rights.

1. The Committee noted that the expulsion from their country of trade union or employers' leaders for activities related to the exercise of their functions as such is not only contrary to human rights but is, furthermore, an interference in the activities of the organization to which they belong.

1. Measures of deportation of trade union leaders while legal appeals are pending may involve a risk of serious interference with trade union activities.

1. The restriction of a persons movements to a limited area, accompanied by the prohibition of entry into the area in which his or her trade union operates and in which he or she normally carries on trade union functions, is inconsistent with the normal enjoyment of the right of association and with the exercise of the right to carry on trade union activities and functions.

1. The loss of fundamental rights, namely, the right to stay in or pass through towns for a long period, could be justified only with reference to criminal charges unconnected with trade union activities, and is serious enough to impugn the personal integrity of the individual concerned.