Compilation of decisions of the Committee on Freedom of Association

Right of organizations to elect their representatives in full freedom7

Eligibility conditions

Political opinions or activities

1. Legislation which disqualifies persons from trade union office because of their political beliefs or affiliations is not in conformity with the right of trade unionists to elect their representatives in full freedom.

1. Where a body representing the workers in a dispute is elected by those workers, the right to elect their representatives in full freedom is restricted if some only of those representatives, on the basis of their political opinions, are considered by a government to be capable of participating in conciliation proceedings. Where the law of the land provides that the government may only deal with those who appear to be the representatives of the workers of an undertaking and, in effect, choose those with whom it will deal, any selection based on the political opinions of those concerned in such a way as to eliminate from negotiations, even indirectly, the leaders of the organization that is the most representative of the category of workers concerned would appear to result in the law of the land being so applied as to impair the right of the workers to choose their representatives freely.

1. Legislation which debars from trade union office for a period of ten years any person taking part in political activities of a Communist character and which lists a number of legal presumptions whereby any person can be held to be responsible for such activities, may involve a violation of the principle laid down in Convention No. 87, which states that workers and employers organizations shall have the right to elect their representatives in full freedom, to organize their administration and activities and that the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.

1. The Committee has taken the view that a law is contrary to the principles of freedom of association when a trade unionist can be barred from union office and membership because, in the view of the minister, his or her activities might further the interests of Communism.