Compilation of decisions of the Committee on Freedom of Association

Right of organizations to elect their representatives in full freedom7

Intervention by the authorities in trade union and employers organizations elections

1. Any intervention by the public authorities in trade union or employers organizations elections runs the risk of appearing to be arbitrary and thus constituting interference in the functioning of these organizations, which is incompatible with Convention No. 87, Article 3, which recognizes their right to elect their representatives in full freedom.

1. The right of workers and employers to elect their representatives in full freedom should be exercised in accordance with the statutes of their occupational associations and should not be subject to the convening of elections by ministerial resolution.

1. A regulation which provides for the election of members of a preparatory committee for preparing permanent elections to the executive committee of a trade union, a federation, an association or an occupational organization is inconsistent with the principles of freedom of association, and constitutes a clear interference in the election process.

1. With regard to an internal dispute within the trade union organization between two rival administrations, the Committee considered that, with a view to guaranteeing the impartiality and objectivity of the procedure, the supervision of trade union elections should be entrusted to the competent judicial authorities or other independent persons.

1. Any interference by the authorities and the political party in power concerning the presidency of the central trade union organization in a country is incompatible with the principle that organizations shall have the right to elect their representatives in full freedom.

1. The nomination by the authorities of members of executive committees of trade unions constitutes direct interference in the internal affairs of trade unions and is incompatible with Convention No. 87.

1. When the authorities intervene during the election proceedings of a union, expressing their opinion of the candidates and the consequences of the election, this seriously challenges the principle that trade union organizations have the right to elect their representatives in full freedom.

1. The participation of high-ranking officials of the public administration in trade union elections or in positions of trade union leadership can undermine the independence of the trade union organizations in question.

1. Remarks by a public employer questioning the integrity of trade union leaders through sweeping statements concerning failure to show respect for laws and regulations is not at all conducive to the development of harmonious labour relations and infringes the right to elect trade union leaders in full freedom.

1. Legislation which requires candidates for trade union office to have obtained the approval of the Provincial Governor, which is given on the basis of a report from the police, is incompatible with the principle that employers and workers organizations should have the right to elect their representatives in full freedom.

1. The following provisions are incompatible with the right to hold free elections, namely those which involve interference by the public authorities in various stages of the electoral process, beginning with the obligation to submit the candidates names in advance to the ministry of labour, together with personal particulars, the presence of a representative of the ministry of labour or the civil or military authorities at the elections, including the approval of the election of the executive committee by ministerial decision, without which they are invalid.

1. Provisions which involve interference by the public authorities in various stages of the electoral process are incompatible with the right to hold free elections.

1. The presence during trade union elections of the authorities is liable to infringe freedom of association and, in particular, to be incompatible with the principle that workers and employers organizations shall have the right to elect their representatives in full freedom, and that the public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof.

1. The Committee has observed that, in a number of countries, legal provisions exist whereby an official who is independent of the public authorities such as a trade union registrar may take action, subject to an appeal to the courts, if a complaint is made or if there are reasonable grounds for supposing that irregularities have taken place in a trade union election, contrary to the law or the constitution of the organization concerned. The situation, however, is different when the elections can be valid only after being approved by the administrative authorities. The Committee has considered that the requirement of approval by the authorities of the results of trade union elections is not compatible with the principle of freedom of election.