Compilation of decisions of the Committee on Freedom of Association

Right of organizations to elect their representatives in full freedom7

Removal of executive committees and the placing of the organization under control

1. The removal by the Government of trade union leaders from office is a serious infringement of the free exercise of trade union rights.

1. Legislation pursuant to which the duties of trade union officers would be terminated where changes occurred in branch classifications constitutes not only a violation of the right of public employees to join the trade union of their own choice, but also serious interference in trade union activities, including the right of trade unions to elect their own representatives and organize their administration, in violation of Articles 2 and 3 of Convention No. 87.

1. The appointment by the government of persons to administer the central national trade union on the ground that such a measure was rendered necessary by the corrupt administration of the unions would seem to be incompatible with freedom of association in a normal period.

1. In a case where an administrator of trade union affairs had been appointed by the government so as to ensure, on behalf of the trade unions, the functions normally carried out by a central workers organization, the Committee considered that any reorganization of the trade union movement should be left to the trade union organizations themselves and that the administrator should confine himself to coordinating the efforts made by the unions to bring this about. The prerogatives conferred on the administrator should not be such as to restrict the rights guaranteed by Article 3, paragraph 1, of Convention No. 87.

1. Legislation which confers on the public authorities the power to remove the management committee of a union whenever, in their discretion, they consider that they have serious and justified reasons, and which empowers the government to appoint executive committees to replace the elected committees of trade unions, is not compatible with the principle of freedom of association.

1. Where trade union leaders were removed from office, not by decision of the members of the trade unions concerned but by the administrative authority, and not because of infringement of specific provisions of the trade union constitution or of the law, but because the administrative authorities considered these trade union leaders incapable of maintaining discipline in their unions, the Committee was of the view that such measures were obviously incompatible with the principle that trade union organizations have the right to elect their representatives in full freedom and to organize their administration and activities.

1. The setting up by the government, following a change of regime, of a provisional consultative committee of a trade union confederation and the refusal to recognize the executive committee which has been elected at the congress of that organization constitutes a breach of the principle that the public authorities should refrain from any interference which would restrict the right of workers organizations to elect their representatives in full freedom and to organize their administration and activities.

1. With regard to the placing of certain unions under control, the Committee has drawn attention to the importance which it attaches to the principle that the public authorities should refrain from any interference which would restrict the right of workers organizations to elect their representatives in full freedom and to organize their administration and activities.

1. The placing of trade union organizations under control involves a serious danger of restricting the rights of workers organizations to elect their representatives in full freedom and to organize their administration and activities.

1. While recognizing that certain events were of an exceptional kind and may have warranted intervention by the authorities, the Committee considered that, in order to be admissible, the taking over of a trade union must be temporary and aimed solely at permitting the organization of free elections.

1. The measures taken by an administrative body, such as the assumption of placing organizations under control, risk appearing arbitrary, even if they are of provisional character and are followed by judicial action.

1. The power conferred on a person with a view to facilitating the normal functioning of a trade union organization should not be such as to lead to limitations on the right of trade union organizations to draw up their constitutions, elect their representatives, organize their administration and formulate their programmes.