Compilation of decisions of the Committee on Freedom of Association

Trade union and employers organizations rights and civil liberties2

Protection of trade union and employers organizations premises and property

1. It is stated in the resolution on trade union rights and their relation to civil liberties, adopted by the International Labour Conference at its 54th Session (1970), that the right to adequate protection of trade union property is one of those civil liberties which are essential for the normal exercise of trade union rights.

1. The Committee recalls that the inviolability of trade union premises and property, including its mail, is a civil liberty which is essential to the exercise of trade union rights.

1. The Committee has drawn attention to the importance of the principle that the property of trade unions should enjoy adequate protection.

1. The occupation of trade union premises by the security forces, without a court warrant authorizing such occupation, is a serious interference by the authorities in trade union activities.

1. The right of the inviolability of the premises of organizations of workers and employers also necessarily implies that the public authorities may not insist on entering such premises without prior authorization or without having obtained a legal warrant to do so.

1. The entry by police or military forces into trade union premises without a judicial warrant constitutes a serious and unjustifiable interference in trade union activities.

1. Any search of trade union premises, or of unionists homes, without a court order constitutes an extremely serious infringement of freedom of association.

1. When examining allegations of attacks carried out against trade union premises and threats against trade unionists, the Committee has recalled that activities of this kind create among trade unionists a climate of fear which is extremely prejudicial to the exercise of trade union activities and that the authorities, when informed of such matters, should carry out an immediate investigation to determine who is responsible and punish the guilty parties.

1. Searches of trade union premises should be made only following the issue of a warrant by the ordinary judicial authority where that authority is satisfied that there are reasonable grounds for supposing that evidence exists on the premises material to a prosecution for a penal offence and on condition that the search be restricted to the purpose in respect of which the warrant was issued.

1. If trade union premises are used as a refuge by persons who have committed serious crimes, or as a meeting place for a political organization, the trade unions concerned cannot claim any immunity against the entry of the authorities into these premises.

1. Even if police intervention in trade union premises may be justified in particularly serious circumstances, such intervention should in no case entail the ransacking of the premises and archives of an organization.

1. The burglary of trade union headquarters and theft from trade union organizations or trade unionists require that judicial investigations be promptly carried out in order to clarify fully as soon as possible the events and the circumstances in which they occurred, so as to be able to identify, to the extent possible, those responsible, to determine the motives of the offences, to punish those responsible, to prevent the repetition of such acts and to make possible the recovery of the stolen property.

1. The occupation or sealing of trade union premises should be subject to independent judicial review before being undertaken by the authorities in view of the significant risk that such measures may paralyse trade union activities.

1. The confiscation of trade union property by the authorities, without a court order, constitutes an infringement of the right of trade unions to own property and undue interference in trade union activities.

1. A climate of violence, in which attacks are made against trade union premises and property, constitutes serious interference with the exercise of trade union rights; such situations call for severe measures to be taken by the authorities, and in particular the arraignment of those presumed to be responsible before an independent judicial authority.

1. The access of trade union members to their union premises should not be restricted by the state authorities.

1. The access of trade union members to their union premises should not be restricted by the enterprise.

1. The closure of trade union offices, as a consequence of a 45-minute protest organized during lunch break, constitutes a violation of the principles of freedom of association.