Trade union rights and state of emergency

...the freedom of association Conventions do not contain any provision permitting derogation from the obligations arising under the Convention, or any suspension of their application, based on a plea that an emergency exists.

These State actions can hinder the application of freedom of association principles, even in the event of a state of emergency:

  • Detention or arrest of trade unionists;
  • The passage of legislation aimed at anti-social disruptive elements, but used against workers for the exercise of legitimate trade union rights;
  • Trial by military tribunal;
  • Restrictions on trade union meetings;
  • Restrictions on publications;
  • Suspension or dissolution of associations by administrative authority;
  • The declaration of martial law affecting freedom of association;
  • Unilateral setting or changing of terms of employment;
  • Restrictions on the right to strike.