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Protection of trade union premises and property (Trade union rights and civil liberties)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0216 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060216 Protection of trade union premises and property (See also para. 345)178. The inviolability of trade union premises is a civil liberty which is essential to the exercise of trade union rights. (See 300th Report, Case No. 1795, para. 189, and Case No. 1791, para. 342.) 179. The occupation of trade union premises by the security forces, without a court warrant authorizing such occupation, is a serious interference by the authorities in trade union activities.(See the 1996 Digest, para. 174; 300th Report, Case No. 1791, para. 342; 321st Report, Case No. 2052, para. 249; 325th Report, Case No. 2052, para. 411; and 338th Report, Case No. 2364, para. 980.) 180. The right of the inviolability of the premises of organizations of workers and employers also necessarily implies that the public authorities may not insist on entering such premises without prior authorization or without having obtained a legal warrant to do so.(See the 1996 Digest, para. 175; and, for example, 299th Report, Case No. 1772, para. 131; 300th Report, Case No. 1790, para. 296; 305th Report, Case No. 1858, para. 308; 308th Report, Case No. 1920, para. 552; 311th Report, Case No. 1954, para. 409; 316th Report, Case No. 1888, para. 497; 320th Report, Case No. 1961, para. 615; 321st Report, Case No. 2020, para. 48; 329th Report, Case No. 2184, para. 828; and 331st Report, Case No. 2081, para. 109.) 181. The entry by police or military forces into trade union premises without a judicial warrant constitutes a serious and unjustifiable interference in trade union activities. (See the 1996 Digest, para. 176; 300th Report, Case No. 1799, para. 211; 302nd Report, Case No. 1849, para. 214; 305th Report, Case No. 1874, para. 271; 311th Report, Case No. 1954, para. 409; 318th Report, Case No. 2005, para. 185; 329th Report, Case No. 2184, para. 828; and 336th Report, Case No. 2321, para. 493.) 182. Any search of trade union premises, or of unionists’ homes, without a court order constitutes an extremely serious infringement of freedom of association.(See the 1996 Digest, para. 177; 300th Report, Case No. 1649, para. 455; 304th Report, Case No. 1851, para. 284; 309th Report, Case No. 1851/1922, para. 245; 320th Report, Case No. 1961, para. 615; 323rd Report, Case No. 2081, para. 568; 326th Report, Case No. 2090, para. 239; 331st Report, Case No. 2081, para. 109; and 337th Report, Case No. 2388, para. 1344.) 183. With regard to searches of trade union premises, it is stated in the resolution on trade union rights and their relation to civil liberties, adopted by the International Labour Conference at its 54th Session (1970), that the right to adequate protection of trade union property is one of those civil liberties which are essential for the normal exercise of trade union rights.(See the 1996 Digest, para. 178; 300th Report, Case No. 1799, para. 211, and Case No. 1649, para. 455; and 302nd Report, Case No. 1849, para. 214 .) 184. When examining allegations of attacks carried out against trade union premises and threats against trade unionists, the Committee has recalled that activities of this kind create among trade unionists a climate of fear which is extremely prejudicial to the exercise of trade union activities and that the authorities, when informed of such matters, should carry out an immediate investigation to determine who is responsible and punish the guilty parties.(See the 1996 Digest, para. 179; 306th Report, Case No. 1908, para. 458; 308th Report, Case No. 1908, para. 359; 318th Report, Case No. 1994, para. 461; and 320th Report, Case No. 2027, para. 874.) 185. Searches of trade union premises should be made only following the issue of a warrant by the ordinary judicial authority where that authority is satisfi ed that there are reasonable grounds for supposing that evidence exists on the premises material to a prosecution for a penal offence and on condition that the search be restricted to the purpose in respect of which the warrant was issued.(See the 1996 Digest, para. 180; 300th Report, Case No. 1783, para. 286; 304th Report, Case No. 1850, para. 212; 323rd Report, Case No. 2081, para. 568; 331st Report, Case No. 2081, para. 109; and 333rd Report, Case No. 2246, para. 935.) 186. If trade union premises are used as a refuge by persons who have committed serious crimes, or as a meeting place for a political organization, the trade unions concerned cannot claim any immunity against the entry of the authorities into these premises.(See the 1996 Digest, para. 181.) 187. Even if police intervention in trade union premises may be justified in particularly serious circumstances, such intervention should in no case entail the ransacking of the premises and archives of an organization.(See the 1996 Digest, para. 182; and 304th Report, Case No. 1850, para. 212.) 188. The occupation or sealing of trade union premises should be subject to independent judicial review before being undertaken by the authorities in view of the significant risk that such measures may paralyse trade union activities. (See the 1996 Digest, para. 183; 304th Report, Case No. 1851, para. 284; 316th Report, Case No. 1888, para. 497, and Case No. 1972, para. 707; 326th Report, Case No. 2090, para. 239; 332nd Report, Case No. 2199, para. 162; 333rd Report, Case No. 2153, para. 205; 334th Report, Case No. 2267, para. 659; and 338th Report, Case No. 2364, para. 980.) 189. The Committee has drawn attention to the importance of the principle that the property of trade unions should enjoy adequate protection. (See the 1996 Digest, para. 184; 304th Report, Case No. 1850, para. 212; 307th Report, Case No. 1851, para. 268; 308th Report, Case No. 1920, para. 522; 316th Report, Case No. 1972, para. 707; 327th Report, Case No. 2118, para. 643; 330th Report, Case No. 2144, para. 708; 331st Report, Case No. 2199, para. 704; 333rd Report, Case No. 2153, para. 205; and 335th Report, Case No. 2304, para. 1016.) 190. The confiscation of trade union property by the authorities, without a court order, constitutes an infringement of the right of trade unions to own property and undue interference in trade union activities.(See 310th Report, Case No. 1957, para. 132.) 191. A climate of violence, in which attacks are made against trade union premises and property, constitutes serious interference with the exercise of trade union rights; such situations call for severe measures to be taken by the authorities, and in particular the arraignment of those presumed to be responsible before an independent judicial authority.(See the 1996 Digest, para. 185; 307th Report, Case No. 1851, para. 268; 308th Report, Case No. 1920, para. 522; and 318th Report, Case No. 2020, para. 320.) 192. The access of trade union members to their union premises should not be restricted by the state authorities. (See 326th Report, Case No. 2090, para. 239.) |
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