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Political activities and relations (Right of organizations freely to organize their activities and to formulate their programmes)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0902 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060902 Political activities and relations (See also paras. 13, 29, 157, 165, 169 to 171, 205 to 208, 305, 528 and 529)497. In order that trade unions may be sheltered from political vicissitudes, and in order that they may avoid being dependent on the public authorities, it is desirable that, without prejudice to the freedom of opinion of their members, they should limit the field of their activities to the occupational and trade union fi elds; the government, on the other hand, should refrain from interfering in the functioning of trade unions. (See the 1996 Digest, para. 449.) 498. In the interests of the normal development of the trade union movement, it would be desirable to have regard to the principles enunciated in the resolution concerning the independence of the trade union movement adopted by the International Labour Conference at its 35th Session (1952) that the fundamental and permanent mission of the trade union movement is the economic and social advancement of the workers and that when trade unions, in accordance with the national law and practice of their respective countries and at the decision of their members, decide to establish relations with a political party or to undertake constitutional political action as a means towards the advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social or economic functions irrespective of political changes in the country.(See the 1996 Digest, para. 450; 318th Report, Case No. 2005, para. 180; and 328th Report, Case No. 2129, para. 604.) 499. The Committee has reaffirmed the principle expressed by the International Labour Conference in the resolution concerning the independence of the trade union movement that governments should not attempt to transform the trade union movement into an instrument for the pursuance of political aims, nor should they attempt to interfere with the normal functions of a trade union movement because of its freely established relationship with a political party.(See the 1996 Digest, para. 451; 299th Report, Case No. 1772, para. 133; 318th Report, Case No. 2005, para. 180; and 323rd Report, Case No. 2081, para. 572.) 500. Provisions imposing a general prohibition on political activities by trade unions for the promotion of their specific objectives are contrary to the principles of freedom of association. (See the 1996 Digest, para. 452; 311th Report, Case No. 1942, para. 264; 321st Report, Case No. 2031, para. 167; and 323rd Report, Case No. 2081, para. 572.) 501. If trade unions are prohibited in general terms from engaging in any political activities, this may raise difficulties by reason of the fact that the interpretation given to the relevant provisions may, in practice, change at any moment and considerably restrict the possibility of action of the organizations. It would, therefore, seem that States, without prohibiting in general terms political activities of occupational organizations, should be able to entrust to the judicial authorities the task of repressing abuses which might, in certain cases, be committed by organizations which have lost sight of the fact that their fundamental objective should be the economic and social advancement of their members. (See the 1996 Digest, para. 453.) 502. Trade union organizations should not engage in political activities in an abusive manner and go beyond their true functions by promoting essentially political interests.(See the 1996 Digest, para. 454; 311th Report, Case No. 1942, para. 264; 332nd Report, Case No. 2238, para. 967; 334th Report, Case No. 2313, para. 1116; 336th Report, Case No. 2365, para. 910; and 337th Report, Case No. 2365, para. 1661.) 503. A general prohibition on trade unions from engaging in any political activities would not only be incompatible with the principles of freedom of association, but also unrealistic in practice. Trade union organizations may wish, for example, to express publicly their opinion regarding the government’s economic and social policy.(See the 1996 Digest, para. 455; 321st Report, Case No. 2031, para. 167; 328th Report, Case No. 2129, para. 604; 332nd Report, case No. 2238, para. 967; 334th Report, Case No. 2313, para. 1116; 336th Report, Case No. 2365, para. 910; and 337th Report, Case No. 2365, para. 1661.) 504. There should be no confusion between the performance of their specific functions by trade unions and employers’ organizations, i.e. the defence and promotion of the occupational interests of workers and employers, and the possible pursuit by certain of their members of other activities that are unconnected with trade union functions. The penal responsibility which such persons may incur as a result of such acts should in no way lead to measures being taken to deprive the organizations themselves or their leaders of their means of action.(See the 1996 Digest, para. 456; and 334th Report, Case No. 2254, para. 1083.) 505. It is only in so far as trade union organizations do not allow their occupational demands to assume a clearly political aspect that they can legitimately claim that there should be no interference in their activities. On the other hand, it is difficult to draw a clear distinction between what is political and what is, properly speaking, trade union in character. These two notions overlap and it is inevitable, and sometimes usual, for trade union publications to take a stand on questions having political aspects, as well as on strictly economic and social questions. (See the 1996 Digest, paras. 164 and 457; 305th Report, Case No. 1893, para. 458; and 306th Report, Case No. 1884, para. 684.) 506. With regard to legal provisions under which “the trade unions shall mobilize and educate workers and employees so that they … respect work discipline”, they “shall organize workers and employees by conducting socialist emulation campaigns at the workplace” and “the trade unions shall educate workers and employees … in order to strengthen their ideological convictions”, the Committee has considered that the functions assigned to the trade unions by this body of provisions must necessarily limit their right to organize their activities, contrary to the principles of freedom of association. It has considered that the obligations thus defined, which the unions must observe, prevent the establishment of trade union organizations that are independent of the public authorities and of the ruling party, and whose mission should be to defend and promote the interests of their constituents and not to reinforce the country’s political and economic systems.(See the 1996 Digest, para. 300.) 507. A law obliging leaders of occupational associations to make a declaration “to uphold democracy” could lead to abuses, since such a provision does not include any precise criteria on which a judicial decision could be based were a trade union leader to be accused of not having respected the terms of the declaration.(See the 1996 Digest, para. 458.) |
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