Compilation of decisions of the Committee on Freedom of Association

Right of organizations freely to organize their activities and to formulate their programmes9

Political activities and relations

1. In order that trade unions may be sheltered from political vicissitudes, and in order that they may avoid being dependent on the public authorities, it is desirable that, without prejudice to the freedom of opinion of their members, they should limit the field of their activities to the occupational and trade union fields; the government, on the other hand, should refrain from interfering in the functioning of trade unions.

1. In the interests of the normal development of the trade union movement, it would be desirable to have regard to the principles enunciated in the resolution concerning the independence of the trade union movement adopted by the International Labour Conference at its 35th Session (1952) that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers and that when trade unions, in accordance with the national law and practice of their respective countries and at the decision of their members, decide to establish relations with a political party or to undertake constitutional political action as a means towards the advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions irrespective of political changes in the country.

1. The Committee drew attention to the resolution concerning the independence of the trade union movement adopted by the International Labour Conference in 1952, which recalls that it is essential to preserve the freedom and independence of the trade union movement in all countries so that it can pursue its economic and social objectives regardless of any political changes.

1. The Committee has reaffirmed the principle expressed by the International Labour Conference in the resolution concerning the independence of the trade union movement that governments should not attempt to transform the trade union movement into an instrument for the pursuance of political aims, nor should they attempt to interfere with the normal functions of a trade union movement because of its freely established relationship with a political party.

1. Provisions imposing a general prohibition on political activities by trade unions for the promotion of their specific objectives are contrary to the principles of freedom of association.

1. If trade unions are prohibited in general terms from engaging in any political activities, this may raise difficulties by reason of the fact that the interpretation given to the relevant provisions may, in practice, change at any moment and considerably restrict the possibility of action of the organizations. It would, therefore, seem that States, without prohibiting in general terms political activities of occupational organizations, should be able to entrust to the judicial authorities the task of repressing abuses which might, in certain cases, be committed by organizations which have lost sight of the fact that their fundamental objective should be the economic and social advancement of their members.

1. Trade union organizations should not engage in political activities in an abusive manner and go beyond their true functions by promoting essentially political interests.

1. A general prohibition on trade unions from engaging in any political activities would not only be incompatible with the principles of freedom of association, but also unrealistic in practice. Trade union organizations may wish, for example, to express publicly their opinion regarding the governments economic and social policy.

1. There should be no confusion between the performance of their specific functions by trade unions and employers organizations, i.e. the defence and promotion of the occupational interests of workers and employers, and the possible pursuit by certain of their members of other activities that are unconnected with trade union functions. The penal responsibility which such persons may incur as a result of such acts should in no way lead to measures being taken to deprive the organizations themselves or their leaders of their means of action.

1. It is only in so far as trade union organizations do not allow their occupational demands to assume a clearly political aspect that they can legitimately claim that there should be no interference in their activities. On the other hand, it is difficult to draw a clear distinction between what is political and what is, properly speaking, trade union in character. These two notions overlap and it is inevitable, and sometimes usual, for trade union publications to take a stand on questions having political aspects, as well as on strictly economic and social questions.

1. The exercise of trade union rights might at times entail criticisms of the authorities of public employer institutions and/or of socio-economic conditions of concern to trade unions and their members.

1. In specific circumstances regarding certain categories of public servants, activities on issues going beyond socio-economic matters and touching upon national security issues do not fall within the scope of protection afforded by freedom of association principles.

1. With regard to legal provisions under which the trade unions shall mobilize and educate workers and employees so that they respect work discipline, they shall organize workers and employees by conducting socialist emulation campaigns at the workplace and the trade unions shall educate workers and employees in order to strengthen their ideological convictions, the Committee has considered that the functions assigned to the trade unions by this body of provisions must necessarily limit their right to organize their activities, contrary to the principles of freedom of association. It has considered that the obligations thus defined, which the unions must observe, prevent the establishment of trade union organizations that are independent of the public authorities and of the ruling party, and whose mission should be to defend and promote the interests of their constituents and not to reinforce the countrys political and economic systems.

1. A law obliging leaders of occupational associations to make a declaration to uphold democracy could lead to abuses, since such a provision does not include any precise criteria on which a judicial decision could be based were a trade union leader to be accused of not having respected the terms of the declaration.