96
association, because of the failure of the negotiation between the Coordinating Organisation of State Enterprise Workers’ Unions and the
Government;
c)
both, the Government, and the directors of the State enterprises had
knowledge sufficiently in advance of the trade union activities scheduled by
the workers;
d)
the work stoppage was not formally declared illegal by the State;
e)
the work stoppage did not take place; it was suspended in the early
hours of the morning;
f)
Law 25 penalised the State workers’ associations, which were, since
October 8, 1990, committed to obtain recognition for a number of rights; this
Law refers to the workers’ unions of the public sector, which were directly
affected since the dismissals were made selectively;
g)
the premises of the State workers’ associations were taken by the
public force, their members were expelled, pursued or detained, and their
facilities were looted;
there was even intervention of their funds and
checking accounts that consisted of membership contributions;
h)
there never was a link between the armed plan to subvert the
constitutional order and the workers’ convocation to a work stoppage;
i)
the 270 workers were dismissed because of their active membership in
a trade union;
j)
in declaring that the work stoppages and the abrupt collective
interruptions of the work in the public sector attempted against democracy
and the constitutional order, Resolution 10 of January 23, 1991, violated the
freedom of association right;
k)
the ILO Labour Union Freedom Committee stated that Law 25
attempted seriously against the exercise of this freedom by the workers’
unions; and
l)
respect for the right to associate implies not only having to abstain
from intervening at the time when those who become associated proceed to
form the group, but also abstaining from intervening in the course of the
activities that the group legitimately performs, and abstaining from imposing,
a posteriori, unfavourable consequences on its members.
Arguments of the State
152.
For its part, the State argued that:
a)
the limitations imposed for the use and enjoyment of this right are the
same as those imposed for other rights: public order, national security,
public morals, or the rights of others;
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