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Freedom of opinion and expression (Trade union rights and civil liberties)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0213 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060213 Freedom of opinion and expression A. General principles (See also para. 745)154. The full exercise of trade union rights calls for a free fl ow of information, opinions and ideas, and to this end workers, employers and their organizations should enjoy freedom of opinion and expression at their meetings, in their publications and in the course of other trade union activities. Nevertheless, in expressing their opinions, trade union organizations should respect the limits of propriety and refrain from the use of insulting language. (See the 1996 Digest, para. 152; 304th Report, Case No. 1850, para. 210; 306th Report, Case No. 1885, para. 140; 309th Report, Case No. 1945, para. 67; 324th Report, Case No. 2014, para. 925; and 336th Report, Case No. 2340, para. 652.) 155. The right to express opinions through the press or otherwise is an essential aspect of trade union rights. (See the 1996 Digest, para. 153; 299th Report, Case No. 1640/1646, para. 150; 302nd Report, Case No. 1817, para. 324; 324th Report, Case No. 2065, para. 131; 327th Report, Case No. 2147, para. 865; 328th Report, Case No. 1961, para. 42; 332nd Report, Case No. 2090, para. 354; and 333rd Report, Case No. 2272, para. 539.) 156. The right to express opinions without previous authorization through the press is one of the essential elements of the rights of occupational organizations.(See the 1996 Digest, para. 154.) 157. The freedom of expression which should be enjoyed by trade unions and their leaders should also be guaranteed when they wish to criticize the government’s economic and social policy.(See the 1996 Digest, para. 155.) 158. The right of an employers’ or workers’ organization to express its opinion uncensored through the independent press should in no way differ from the right to express opinions in exclusively occupational or trade union journals.(See the 1996 Digest, para. 156; and 328th Report, Case No. 1961, para. 42.) 159. In a case in which the major communications media had been closed down for months, the Committee emphasized that the right of workers’ and employers’ organizations to express their views in the press or through other media is one of the essential elements of freedom of association; consequently the authorities should refrain from unduly impeding its lawful exercise.(See the 1996 Digest, para. 157.) 160. With regard to legislation which allowed the temporary or defi nitive suspension of journals and publications which “compromise the economic stability of the nation”, the Committee considered that such restrictions, which amount to a constant threat of suspension of publications, cannot but impede considerably the right of trade union and professional organizations to express their views in the press, in their own publications or through other media, which is one of the essential elements of trade union rights and consequently governments should refrain from unduly impeding the lawful exercise thereof.(See the 1996 Digest, para. 158.) 161. The choice of union insignia falls within the scope of freedom of expression, the respect of which is essential for the normal exercise of trade union rights, and therefore should, as a general principle, be left solely to the internal affairs of the trade union in question.(See 306th Report, Case No. 1885, para. 140.) 162. The display of union fl ags at meetings in the workplace, the putting up of union bulletin boards, the distribution of union news and leafl ets, the signing of petitions and participation in union rallies constitute legitimate trade union activities.(See 308th Report, Case No. 1897, para. 475.) 163. The prohibition of the placing of posters stating the point of view of a central trade union organization is an unacceptable restriction on trade union activities.(See the 1996 Digest, para. 467.) B. Authorization and censorship of publications (See also paras. 197 and 198)164. If before being able to publish a newspaper trade unions are required to furnish a substantial bond, this would constitute, especially in the case of smaller unions, such an unreasonable condition as to be incompatible with the exercise of the right of trade unions to express their opinions through the press. (See the 1996 Digest, para. 159; and 328th Report, Case No. 2160, para. 658.) 165. The fear of the authorities of seeing a trade union newspaper serve political ends unrelated to trade union activities or which, at least, lie far outside their normal scope, is not a sufficient reason to refuse to allow such a newspaper to appear.(See the 1996 Digest, para. 160; and 302nd Report, Case No. 1817, para. 324.) 166. The publication and distribution of news and information of general or special interest to trade unions and their members constitutes a legitimate trade union activity and the application of measures designed to control publication and means of information may involve serious interference by administrative authorities with this activity. In such cases, the exercise of administrative authority should be subject to judicial review at the earliest possible moment.(See the 1996 Digest, para. 161; 320th Report, Case No. 2031, para. 172; and 327th Report, Case No. 1787, para. 341.) 167. The discretionary power of the public authorities to revoke the licence granted to a trade union newspaper, without it being possible to appeal against such decisions to a court of law, is not compatible with the provisions of Convention No. 87, which provides that workers’ organizations have the right to organize their activities without interference by the public authorities.(See the 1996 Digest, para. 162.) 168. While the imposition of general censorship is primarily a matter that relates to civil liberties rather than to trade union rights, the censorship of the press during an industrial dispute may have a direct effect on the conduct of the dispute and may prejudice the parties by not allowing the true facts surrounding the dispute to become known.(See the 1996 Digest, para. 163.) C. Publications of a political character (See also para. 155)169. When issuing their publications, trade union organizations should have regard, in the interests of the development of the trade union movement, to the principles enunciated by the International Labour Conference at its 35th Session (1952) for the protection of the freedom and independence of the trade union movement and the safeguarding of its fundamental task, which is to ensure the social and economic well-being of all workers. (See the 1996 Digest, para. 165.) 170. In a case in which a trade union newspaper, in its allusions and accusations against the government, seemed to have exceeded the admissible limits of controversy, the Committee pointed out that trade union publications should refrain from extravagance of language. The primary role of publications of this type should be to deal with matters essentially relating to the defence and furtherance of the interests of the unions’ members in particular and with labour questions in general. The Committee, nevertheless, recognized that it is diffi cult to draw a clear distinction between what is political and what is strictly trade union in character. It pointed out that these two notions overlap, and it is inevitable and sometimes normal for trade union publications to take a stand on questions having political aspects, as well as on strictly economic or social questions.(See the 1996 Digest, para. 166.) 171. In a case where the distribution of all the publications of a trade union organization was prohibited, the Committee suggested that the order in question be re-examined in the light of the principle that trade union organizations should have the right to distribute the publications in which their programme is formulated, and so as to distinguish between those trade union publications which deal with problems normally regarded as falling directly or indirectly within the competence of trade unions and those which are obviously political or anti-national in character.(See the 1996 Digest, para. 167.) D. Seizure of publications172. The confiscation of May Day propaganda material or other trade union publications may constitute a serious interference by the authorities in trade union activities. (See the 1996 Digest, para. 168.) 173. The attitude adopted by the authorities in systematically seizing a trade union newspaper does not seem to be compatible with the principle that the right to express opinions through the press or otherwise is one of the essential aspects of trade union rights.(See the 1996 Digest, para. 169.) |
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