 |
Disclaimer webinfo@ilo.org |
Rights of assembly and demonstration (Trade union rights and civil liberties)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0212 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060212 Rights of assembly and demonstration (See also para. 511)A. Meetings of organizations in their premises and in relation to labour disputes (See also para. 456)130. The right of occupational organizations to hold meetings in their premises to discuss occupational questions, without prior authorization and interference by the authorities, is an essential element of freedom of association and the public authorities should refrain from any interference which would restrict this right or impede its exercise, unless public order is disturbed thereby or its maintenance seriously and imminently endangered. (See the 1996 Digest, para. 130; 305th Report, Case No. 1893, para. 461; 307th Report, Case No. 1850, para. 116; 321st Report, Case No. 2066, para. 338; 324th Report, Case No. 2014, para. 923; 327th Report, Case No. 2153, para. 158; 329th Report, Case No. 2198, para. 685; 330th Report, Case No. 2144, para. 715; and 334th Report, Case No. 2222, para. 219.) 131. The right to strike and to organize union meetings are essential aspects of trade union rights, and measures taken by the authorities to ensure the observance of the law should not, therefore, prevent unions from organizing meetings during labour disputes.(See the 1996 Digest, para. 131.) 132. Where a representative of the public authorities can attend trade union meetings, this may influence the deliberations and the decisions taken (especially if this representative is entitled to participate in the proceedings) and hence may constitute an act of interference incompatible with the principle of freedom to hold trade union meetings.(See 299th Report, Case No. 1772, para. 132.) B. Public meetings and demonstrations (See also paras. 49 and 196)133. Workers should enjoy the right to peaceful demonstration to defend their occupational interests. (See the 1996 Digest, para. 132; and, for example, 306th Report, Case No. 1884, para. 695; 307th Report, Case No. 1909, para. 493; 320th Report, Case No. 2023, para. 425; 321st Report, Case No. 2031, para. 174; 326th Report, Case No. 2113, para. 374; 330th Report, Case No. 2189, para. 453; 335th Report, Case No. 2320, para. 664; 336th Report, Case No. 2340, para. 650; 337th Report, Case No. 2318, para. 338, and Case No. 2323, para. 1043.) 134. The right to organize public meetings constitutes an important aspect of trade union rights. In this connection, the Committee has always drawn a distinction between demonstrations in pursuit of purely trade union objectives, which it has considered as falling within the exercise of trade union rights, and those designed to achieve other ends.(See the 1996 Digest, paras. 133 and 464; 300th Report, Case No. 1818, para. 364; 308th Report, Case No. 1934, para. 131; 309th Report, Case No. 1852, para. 340; 311th Report, Case No. 1969, para. 148; 332nd Report, Case No. 2238, para. 968; and 334th Report, Case No. 2222, para. 219.) 135. Protests are protected by the principles of freedom of association only when such activities are organized by trade union organizations or can be considered as legitimate trade union activities as covered by Article 3 of Convention No. 87.(See 333rd Report, Case No. 2204, para. 228.) 136. The right to organize public meetings and processions, particularly on the occasion of May Day, constitutes an important aspect of trade union rights.(See the 1996 Digest, para. 134; 300th Report, Case No. 1791, para. 339; 302nd Report, Case No. 1840, para. 350; 311th Report, Case No. 1851/1922, para. 478; 335th Report, Case No. 2270, para. 1393; and 337th Report, Case No. 2323, para. 1039.) 137. The holding of public meetings and the voicing of demands of a social and economic nature on the occasion of May Day are traditional forms of trade union action. Trade unions should have the right to organize freely whatever meetings they wish to celebrate on May Day, provided that they respect the measures taken by the authorities to ensure public order.(See the 1996 Digest, para. 135; 308th Report, Case No. 1894, para. 539; 323rd Report, Case No. 2074, para. 148; and 324th Report, Case No. 2055, para. 683.) 138. A demonstration to commemorate the 50th anniversary of Convention No. 87 falls within the exercise of trade union rights. (See 311th Report, Case No. 1969, para. 148.) 139. Trade union rights include the right to organize public demonstrations. Although the prohibition of demonstrations on the public highway in the busiest parts of a city, when it is feared that disturbances might occur, does not constitute an infringement of trade union rights, the authorities should strive to reach agreement with the organizers of the demonstration to enable it to be held in some other place where there would be no fear of disturbances.(See the 1996 Digest, para. 136; 304th Report, Case No. 1850, para. 213; 309th Report, Case No. 1940, para. 284; 318th Report, Case No. 1994, para. 460; 327th Report, Case No. 2148, para. 802; and 336th Report, Case No. 2340, para. 650.) 140. The authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace.(See the 1996 Digest, para. 137; and, for example, 300th Report, Case No. 1811/1816, para. 311; 304th Report, Case No. 1837, para. 55; 308th Report, Case No. 1914, para. 670; 311th Report, Case No. 1865, para. 336; 320th Report, Case No. 2027, para. 872; 328th Report, Case No. 2143, para. 593; 330th Report, Case No. 2189, para. 453; 332nd Report, Case No. 2218, para. 422; 336th Report, Case No. 2340, para. 651; and 337th Report, Case No. 2323, para. 1031.) 141. The requirement of administrative permission to hold public meetings and demonstrations is not objectionable per se from the standpoint of the principles of freedom of association. The maintenance of public order is not incompatible with the right to hold demonstrations so long as the authorities responsible for public order reach agreement with the organizers of a demonstration concerning the place where it will be held and the manner in which it will take place.(See the 1996 Digest, para. 138; 334th Report, Case No. 2222, para. 219; 335th Report, Case No. 2285, para. 1184; and 336th Report, Case No. 2358, para. 719.) 142. Permission to hold public meetings and demonstrations, which is an important trade union right, should not be arbitrarily refused.(See the 1996 Digest, para. 139; 316th Report, Case No. 1773, para. 612; and 334th Report, Case No. 2222, para 219.) 143. Although the right of holding trade union meetings is an essential aspect of trade union rights, the organizations concerned must observe the general provisions relating to public meetings, which are applicable to all. This principle is contained in Article 8 of Convention No. 87, which provides that workers and their organizations, like other persons or organized collectivities, shall respect the law of the land.(See the 1996 Digest, para. 140; 332nd Report, Case No. 2187, para. 719; and 334th Report, Case No. 2222, para. 219.) 144. Trade unions must conform to the general provisions applicable to all public meetings and must respect the reasonable limits which may be fixed by the authorities to avoid disturbances in public places.(See the 1996 Digest, para. 141; 300th Report, Case No. 1791, para. 339; 304th Report, Case No. 1865, para. 247; 308th Report, Case No. 1914, para. 670; 327th Report, Case No. 2148, para. 802; 335th Report, Case No. 2285, para. 1184; 336th Report, Case No. 2358, para. 719; and 337th Report, case No. 2318, para. 339.) 145. The right to hold trade union meetings cannot be interpreted as relieving organizations from the obligation to comply with reasonable formalities when they wish to make use of public premises.(See the 1996 Digest, para. 142.) 146. It is for the government, which is responsible for the maintenance of public order, to decide whether meetings, including trade union meetings, may, in particular circumstances, endanger public order and security, and to take any necessary preventive measures.(See the 1996 Digest, para. 143; and 300th Report, Case No. 1791, para. 339.) 147. Trade unions should respect legal provisions which are intended to ensure the maintenance of public order; the public authorities should, for their part, refrain from any interference which would restrict the right of trade unions to organize the holding and proceedings of their meetings in full freedom.(See the 1996 Digest, para. 144; 326th Report, Case No. 2113, para. 372; 335th Report, Case No. 2320, para. 669, and Case No. 2330, para. 878.) 148. The obligation on a procession to follow a predetermined itinerary does not constitute a violation of trade union rights.(See the 1996 Digest, para. 145.) 149. A time restriction placed by legislation on the right to demonstrate is not justified and may render that right inoperative in practice.(See 320th Report, Case No. 2023, para. 425.) 150. In general, the use of the forces of order during trade union demonstrations should be limited to cases of genuine necessity.(See the 1996 Digest, para. 146; 327th Report, Case No. 2148, para. 802; and 334th Report, Case No. 2222, para. 216.) 151. The police authorities should be given precise instructions so that, in cases where public order is not seriously threatened, people are not arrested simply for having organized or participated in a demonstration.(See the 1996 Digest, para. 147; 300th Report, Case No. 1818, para. 364; and 336th Report, Case No. 2340, para. 651.) C. International trade union meetings (See also paras. 748, 754 and 758)152. Trade union meetings of an international character may give rise to special problems, not only because of the nationality of the participants, but also because of the international policy and commitments of the country in which these meetings are to take place. As a result of such commitments, the government of a particular country may consider it necessary to adopt restrictive measures on the grounds of certain special circumstances prevailing at a particular time. Such measures might be justified in exceptional cases, having more regard to specific situations, and provided they conform to the laws of the country. However, it should never be possible to apply measures of a general nature against particular trade union organizations unless in each case suffi cient grounds exist to justify the government decision, such as genuine dangers which may arise for the international relations of a State or for security and public order. Otherwise, the right of assembly, the exercise of which by international organizations should also be recognized, would be seriously restricted. (See the 1996 Digest, para. 150.) 153. Participation by trade unionists in international trade union meetings is a fundamental trade union right and governments should therefore abstain from any measure, such as withholding travel documents, that would prevent representatives of workers’ organizations from exercising their mandate in full freedom and independence.(See the 1996 Digest, paras. 151 and 645; 300th Report, Case No. 1805, para. 421; and 336th Report, Case No. 2328, para. 885.) |
| ILO Home | NORMES home | ILOLEX home | Universal Query | NATLEX |
|
Disclaimer webinfo@ilo.org |