Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

Rights of assembly and demonstration

Internal meetings of organizations, meetings in their premises and in relation to labour disputes

1. Trade unions should be able to hold meetings without the need to communicate the agenda to the authorities, in accordance with the principle embodied in Article 3 of Convention No. 87, whereby organizations have the right freely to organize their activities without interference from the authorities.

1. The right of occupational organizations to hold meetings in their premises to discuss occupational questions, without prior authorization and interference by the authorities, is an essential element of freedom of association and the public authorities should refrain from any interference which would restrict this right or impede its exercise, unless public order is disturbed thereby or its maintenance seriously and imminently endangered.

1. The right to strike and to organize union meetings are essential aspects of trade union rights, and measures taken by the authorities to ensure the observance of the law should not, therefore, prevent unions from organizing meetings during labour disputes.

1. Freedom of assembly and freedom of opinion and expression are a sine qua non for the exercise of freedom of association.

1. Where a representative of the public authorities can attend trade union meetings, this may influence the deliberations and the decisions taken (especially if this representative is entitled to participate in the proceedings) and hence may constitute an act of interference incompatible with the principle of freedom to hold trade union meetings.

1. The Committee considered that a provision of a regulation concerning the presence of a Ministry representative at meetings of the general assembly of a trade union or an employers organization posed a serious risk of interference by the public authorities.