Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

Freedom of opinion and expression

General principles

1. Freedom of opinion and expression constitutes one of the basic civil liberties essential for the normal expression of trade union rights.

1. The Committee wishes to emphasize the importance which it places on respect for the basic civil liberties of trade unionists and for employers organizations, including freedom of expression, as essential prerequisites to the full exercise of freedom of association.

1. Freedom of opinion and expression and, in particular, the right not to be penalized for ones opinions, is an essential corollary of freedom of association, and workers, employers and their organizations should enjoy freedom of opinion and expression in their meetings, publications and in the course of their trade union activities.

1. The full exercise of trade union rights calls for a free flow of information, opinions and ideas, and to this end workers, employers and their organizations should enjoy freedom of opinion and expression at their meetings, in their publications and in the course of other trade union activities. Nevertheless, in expressing their opinions, these organizations should respect the limits of propriety and refrain from the use of insulting language.

1. The authorities threatening to press criminal charges in response to legitimate opinions of trade union representatives may have an intimidating and detrimental effect on the exercise of trade union rights.

1. The Committee emphasizes the close link between the rights of employers organizations and the exercise of fundamental rights in practice, including freedom of expression.

1. The right of workers and employers organizations to express opinions through the press or otherwise is an essential aspect of trade union rights.

1. The right to express opinions without previous authorization through the press is one of the essential elements of the rights of occupational organizations.

1. The right to express opinions through the press or otherwise is an essential aspect of trade union rights and the full exercise of trade union rights calls for a free flow of information, opinions and ideas within the limits of propriety and non-violence.

1. The right of workers and employers organizations to express their opinions through the press or other social communication media is a fundamental element of freedom of association and the authorities should abstain from unduly impeding its lawful exercise, and should fully guarantee freedom of expression in general and that of employers organizations.

1. The Committee requested a government to guarantee through the existence of independent means of expression, the free flow of ideas, essential to the life and well-being of employers and workers organizations.

1. The freedom of expression which should be enjoyed by trade unions and their leaders should also be guaranteed when they wish to criticize the governments economic and social policy.

1. The right to express opinions, including those criticizing the Governments economic and social policy, is one of the essential elements of the rights of occupational organizations.

1. The Committee requested a Government to ensure that public officials trade unions have the possibility to express their views publicly on the wider economic and social policy questions which have a direct impact on their members interests.

1. The right of an employers or workers organization to express its opinion uncensored through the independent press should in no way differ from the right to express opinions in exclusively occupational or trade union journals.

1. In a case in which the major communications media had been closed down for months, the Committee emphasized that the right of workers and employers organizations to express their views in the press or through other media is one of the essential elements of freedom of association; consequently the authorities should refrain from unduly impeding its lawful exercise.

1. Measures taken against the media used by employers organizations or which are more or less in tune with the employers socio-economic stance can impede the means through which employers organizations exercise their freedom of expression.

1. The Committee requested a government to refrain from all interference in the editorial line of independent communication media, including the use of economic or legal sanctions, and to guarantee through the existence of independent means of expression, the free flow of ideas, essential to the life and well-being of employers and workers organizations.

1. With regard to legislation which allowed the temporary or definitive suspension of journals and publications which compromise the economic stability of the nation, the Committee considered that such restrictions, which amount to a constant threat of suspension of publications, cannot but impede considerably the right of trade union and professional organizations to express their views in the press, in their own publications or through other media, which is one of the essential elements of trade union rights and consequently governments should refrain from unduly impeding the lawful exercise thereof.

1. As a general rule, the distribution of leaflets calling on workers to take industrial action is a legitimate trade union activity.

1. The choice of union insignia falls within the scope of freedom of expression, the respect of which is essential for the normal exercise of trade union rights, and therefore should, as a general principle, be left solely to the internal affairs of the trade union in question.

1. The display of union flags at meetings in the workplace, the putting up of union bulletin boards, the distribution of union news and leaflets, the signing of petitions and participation in union rallies constitute legitimate trade union activities.

1. The prohibition of the placing of posters stating the point of view of a trade union organization is an unacceptable restriction on trade union activities.

1. While having stressed the importance which it attaches to freedom of expression as a fundamental corollary to freedom of association and the exercise of trade union rights on numerous occasions, the Committee has also considered that they must not become competing rights, one aimed at eliminating the other.

1. The resolution of 1970 concerning trade union rights and their relation to civil liberties places special emphasis on freedom of opinion and expression, which are essential for the normal exercise of trade union rights.

Authorization and censorship of publications

1. If before being able to publish a newspaper trade unions are required to furnish a substantial bond, this would constitute, especially in the case of smaller unions, such an unreasonable condition as to be incompatible with the exercise of the right of trade unions to express their opinions through the press.

1. The fear of the authorities of seeing a trade union newspaper serve political ends unrelated to trade union activities or which, at least, lie far outside their normal scope, is not a sufficient reason to refuse to allow such a newspaper to appear.

1. The publication and distribution of news and information of general or special interest to trade unions and their members constitutes a legitimate trade union activity and the application of measures designed to control publication and means of information may involve serious interference by administrative authorities with this activity. In such cases, the exercise of administrative authority should be subject to judicial review at the earliest possible moment.

1. The discretionary power of the public authorities to revoke the licence granted to a trade union newspaper, without it being possible to appeal against such decisions to a court of law, is not compatible with the provisions of Convention No. 87, which provides that workers organizations have the right to organize their activities without interference by the public authorities.

1. Placing leaflets containing slogans such as let those who caused the crisis pay for it, fight substandard employment, and we demand our night shift pay or similar slogans on the list of extremist literature impedes considerably the right of trade unions to express their views and is an unacceptable restriction on trade union activities and, as such, a grave violation of freedom of association.

1. While the imposition of general censorship is primarily a matter that relates to civil liberties rather than to trade union rights, the censorship of the press during an industrial dispute may have a direct effect on the conduct of the dispute and may prejudice the parties by not allowing the true facts surrounding the dispute to become known.

Publications of a political character

1. When issuing their publications, trade union organizations should have regard, in the interests of the development of the trade union movement, to the principles enunciated by the International Labour Conference at its 35th Session (1952) for the protection of the freedom and independence of the trade union movement and the safeguarding of its fundamental task, which is to ensure the social and economic well-being of all workers.

1. In a case in which a trade union newspaper, in its allusions and accusations against the government, seemed to have exceeded the admissible limits of controversy, the Committee pointed out that trade union publications should refrain from extravagance of language. The primary role of publications of this type should be to deal with matters essentially relating to the defence and furtherance of the interests of the unions members in particular and with labour questions in general. The Committee, nevertheless, recognized that it is difficult to draw a clear distinction between what is political and what is strictly trade union in character. It pointed out that these two notions overlap, and it is inevitable and sometimes normal for trade union publications to take a stand on questions having political aspects, as well as on strictly economic or social questions.

1. In a case where the distribution of all the publications of a trade union organization was prohibited, the Committee suggested that the order in question be re-examined in the light of the principle that trade union organizations should have the right to distribute the publications in which their programme is formulated, and so as to distinguish between those trade union publications which deal with problems normally regarded as falling directly or indirectly within the competence of trade unions and those which are obviously political or anti-national in character.

Seizure of publications

1. The confiscation of May Day propaganda material or other trade union publications may constitute a serious interference by the authorities in trade union activities.

1. The attitude adopted by the authorities in systematically seizing a trade union newspaper does not seem to be compatible with the principle that the right to express opinions through the press or otherwise is one of the essential aspects of trade union rights.