Compilation of decisions of the Committee on Freedom of Association

Dissolution and suspension of organizations11

Cancellation of registration or trade union status

1. The Committee has emphasized that the cancellation of registration of an organization by the registrar of trade unions or their removal from the register is tantamount to the dissolution of that organization by administrative authority.

1. The cancellation of a trade union organizations registration by administrative authority because of an internal dispute which in fact implies the suspension of its activities is a serious infringement of the principles of freedom of association, and in particular of Article 4 of Convention No. 87 which provides that workers and employers organizations are not liable to be dissolved by administrative authority.

1. Cancellation of a trade unions registration should only be possible through judicial channels.

1. Deregistration measures, even when justified, should not exclude the possibility of a union application for registration to be entertained once a normal situation has been re-established.

1. Legislation which accords the minister or administrative authorities the complete discretionary power to order the cancellation of the registration of a trade union, without any right of appeal to the courts, is contrary to the principles of freedom of association.