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Control over the internal activities of organizations (Right of organizations to organize their administration)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0803 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060803 Control over the internal activities of organizations 461. Legislation which accords to the minister the discretionary right to investigate the internal affairs of a trade union merely if he or she considers it necessary in the public interest is not in conformity with the principles that workers’ organizations should have the right to organize their administration and activities without any interference by the public authorities which would restrict this right or impede the lawful exercise thereof. (See the 1996 Digest, para. 423.) 462. Events of an exceptional nature may warrant direct intervention by a government in internal trade union matters in order to re-establish a situation in which trade union rights are fully respected.(See the 1996 Digest, para. 424.) 463. The only limitation on the rights set out in Article 3 of Convention No. 87 which might possibly be acceptable should aim solely at ensuring respect for democratic rules within the trade union movement.(See the 1996 Digest, para. 425.) 464. The principles established in Article 3 of Convention No. 87 do not prevent the control of the internal acts of a trade union if those internal acts violate legal provisions or rules. Nevertheless, it is important that control over the internal acts of a trade union and the power to take measures for its suspension or dissolution should be exercised by the judicial authorities, not only to guarantee an impartial and objective procedure and to ensure the right of defence (which normal judicial procedure alone can guarantee), but also to avoid the risk that measures taken by the administrative authorities may appear to be arbitrary.(See the 1996 Digest, para. 426.) 465. There should be outside control only in exceptional cases, when there are serious circumstances justifying such action, since otherwise there would be a risk of limiting the right that workers’ organizations have, by virtue of Article 3 of Convention No. 87, to organize their administration and activities without interference by the public authorities which would restrict this right or impede its lawful exercise. The Committee has considered that a law which confers the power to intervene on an official of the judiciary, against whose decisions an appeal may be made to the Supreme Court, and which lays down that a request for intervention must be supported by a substantial number of those in the occupational category in question, does not violate these principles.(See the 1996 Digest, para. 427.) |
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