Compilation of decisions of the Committee on Freedom of Association

Dissolution and suspension of organizations11

Reasons for dissolution

1. To deprive many workers of their trade union organizations because of a judgement that illegal activities have been carried out by some leaders or members constitutes a clear violation of the principles of freedom of association.

1. If it was found that certain members of the trade union had committed excesses going beyond the limits of normal trade union activity, they could have been prosecuted under specific legal provisions and in accordance with ordinary judicial procedure, without involving the suspension and subsequent dissolution of an entire trade union movement.

1. In a case where trade union status was withdrawn from a trade union organization, partly to irregularities in the financial management of the organization, the Committee considered that, if the authorities found irregularities which might be detrimental to the unions social assets, they should have taken legal action based on these irregularities against the persons responsible rather than adopt measures depriving the union of all possibility of action.

1. Development needs should not justify maintaining the entire trade union movement of a country in an irregular legal situation, thereby preventing the workers from exercising their trade union rights, as well as preventing organizations from carrying out their normal activities. A balanced economic and social development requires the existence of strong and independent organizations which can participate in this process.

1. Given the extremely serious consequences that the dissolution of a union involves for the occupational representation of workers, the Committee has considered that the nomination of a representative of a federation as a candidate for the presidency of the country can in no way justify the dissolution of an entire federation.

1. The dissolution of a trade union is an extreme measure and recourse to such action on the basis of a picket action resulting in the disruption of a public event, the temporary termination of an organizations activities or the disruption of transport, is clearly not in conformity with the principles of freedom of association.

1. In view of the serious consequences which cancellation of trade union registration involves for the occupational representation of workers, the Committee considers that the use of the companys name in the title of the trade union should not result in the cancellation of trade union registration.