Opinion of the European Economic and Social Committee on Freedom of association in the Euromed partner countries
Date: 2008-04-22
Institutions: European Economic and Social Committee
Subjects: European neighbourhood policy, Union for the Mediterranean, association, democracy, freedom of association, human rights, social life

19.8.2008

EN

Official Journal of the European Union

C 211/77

Opinion of the European Economic and Social Committee on ‘Freedom of association in the
Euromed partner countries’

(2008/C 211/20)

On 17 January 2007 the European Economic and Social Committee, acting under Rule 29(2) of its Rules of
Procedure, decided to draw up an opinion on

Freedom of association in the Euromed partner countries.

The Section for External Relations, which was responsible for preparing the Committee's work on the
subject, adopted its opinion on 22 February 2008. The rapporteur was Mr Moreno Preciado.

At its 444th plenary session, held on 22 and 23 April 2008 (meeting of 22 April), the European Economic
and Social Committee adopted the following opinion by 99 votes with one abstention.

1. Summary and recommendations

1.1
Respect for freedom of association is explicitly stated
among the undertakings of the governments signatory to the
November 1995 Barcelona Declaration, which set up the
Euro-Mediterranean Partnership.

The association agreements signed between the EU and each of
the Mediterranean Partner Countries (MPC (1)) include a clause
to the effect that adherence to democratic principles and funda-
mental rights are an essential element of the association agree-
ments.

The action plans that the European Union is concluding with
the MPCs under the European Neighbourhood Policy introduced
in 2004 also include references to ‘good governance and the
promotion of human rights and fundamental freedoms’.

1.2
The reality in the MPCs — although to differing degrees
— is however that freedom of association is not guaranteed and
a flourishing civil society is held back by political and adminis-
trative hurdles ranging from rejecting associations' constitutions
in some cases, to banning or suspension orders in others.

Legally-recognised associations also run into obstacles in oper-
ating normally, with the imposition by the government of
prohibitions or restrictions on access to international coopera-
tion-based financial assistance being particularly serious.

for

1.3
The emergence of free associations of social groups in
different sectors of civil society (workers, employers, farmers,
social economy, women, young people, consumers, etc.) is a
the process of democratisation in the
prerequisite
well-established
countries.
Mediterranean
Euro-Mediterranean economic association, through the EU asso-
ciation agreements with the MPCs, must be extended to the
social and democratic dimensions. The involvement of organised
civil society is necessary for this purpose.

partner

The

1.4
The political authorities interfere with trade unions at
various levels, limiting the protection of workers' representatives
in exercising their rights, including the right to strike.

(1) Morocco, Algeria, Tunisia, Egypt, Jordan, Israel, the Palestinian Terri-
tories, Lebanon, Syria, Turkey, Mauritania and Albania (Mauritania and
Albania have been part of the Barcelona process since December 2007).

The weakness of dialogue and social consultation illus-
1.5
trates the deficit in employers' and trade unions' associative
work. This bipartite, or tripartite, dialogue is less developed in
the Middle Eastern countries than in North Africa.

1.6
The EESC calls on the European Commission to ensure
that the democratising commitments of the Euro-Mediterranean
partnership, the association agreements and the neighbourhood
policy action plans are fulfilled. The Commission should also
make it clear to the governments concerned that associations
cannot be subject to any measures of dissolution or administra-
tive suspension, except by means of proper judicial procedure.

1.7
Similarly, the EESC asks the Commission to ensure that
MPC governments guarantee that members and officials of asso-
ciations may not be detained for carrying out their legitimate
association tasks.

The EESC urges the European Commission to take
1.8
account, in drafting the country strategy papers establishing the
framework for Community cooperation under the action plans,
of the level of compliance by the partner country governments
with respect to freedom of association and human rights.

This demand is also based on Article 1 of the Community
Action Programme 2005-2010 for the Euro-Mediterranean area
(political association and security) which establishes the main
objectives of promoting civic participation: more involvement
of women; ensuring freedom of expression and association;
promoting the role of civil society; implementing international
conventions.

1.9
The EESC asks the European Commission to require the
involvement of MPC civil society as part of the follow-up to the
association agreements and action plans.

At

the Euro-Mediterranean Parliamentary Assembly,
1.10
where it has observer status, the EESC will propose that partner
country parliamentarians are informed of the need to reform
any legislation which hampers freedom of association.

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1.11
The EESC may (with the cooperation of Euromed
networks of employers, trade unions, the social economy and
others) draw up regular and detailed reports on the state of
freedom of association and human rights in the MPCs, to be
forwarded to the European Commission and the European
Parliament. The present opinion will be discussed at the next
summit of Economic and Social Councils and Similar Institu-
tions, to be held in Morocco in 2008. The views and informa-
tion gathered at the meeting will contribute to the follow-up.

1.12
The EESC will press ahead with its work of supporting
the establishment of official MPC civil society consultative
bodies, and reinvigorating those that already exist in Lebanon
and Jordan, and will also recommend that such bodies be made
up of representative organisations from the various civil sectors,
and be equipped with the necessary resources for them to
operate independently and effectively.

1.13
The EESC again stresses the need to strengthen the posi-
tion of women in society, and particularly in the associative
activities of the partner countries, in keeping with the recom-
mendations of its opinion on promotion of women's entrepre-
neurship in the Euromed region (2).

the Euro-Mediterranean ministerial

By the same token, it also emphasises the importance of the
conclusions of
confer-
ence (3), which back the promotion of women's representation
and participation in economic decision-making positions,
in
particular in employers' associations, workers' unions and other
socio-economic structures.

The EESC will facilitate meetings and dialogue between
1.14
employers' organisations (UMCE) and trade unions (Euromed
Trade Union Forum) and support their development, as well as
that of other Euromed civil society organisations such as the
Euromed Social Economy Network (ESMED) and women's orga-
nisations.

2. Foundations of the freedom of association with a view
to achieving the democratising aims of the Barcelona
Process

The need for this new opinion arises from the shortcom-
2.1
ings pointed out by the conclusions of
the first Euromed
Summit of Heads of State and Government (November 2005)
concerning the role of civil society, and also comes in the wake
of the Final Declarations of the most recent Euro-Mediterranean
summits of Economic and Social Councils and Similar Institu-
tions (Amman, November 2005, Ljubljana, November 2006
and Athens, October 2007). The purpose of the present own-
initiative opinion is to contribute to the full exercise of the right
of association in the southern Mediterranean partner countries.

The commitments made by the countries that signed the

2.2
Barcelona Declaration include the following:

(2) REX/233 — CESE 1004/2007.
(3) Istanbul, 14 and 15 December 2006.

— to act in accordance with the United Nations Charter and
the Universal Declaration of Human Rights, as well as other
obligations under
those
instruments to
arising out of regional and international
which they are party;

in particular

international

law,

— to develop the rule of law and democracy in their political
systems, while recognising in this framework the right of
each of them to choose and freely develop its own political,
socio-cultural, economic and judicial system;

— to respect human rights and fundamental

freedoms and
guarantee the effective legitimate exercise of such rights and
freedoms, including freedom of expression, freedom of asso-
ciation for peaceful purposes and freedom of
thought,
conscience and religion, both individually and together with
other members of the same group, without any discrimina-
tion on grounds of race, nationality,
language, religion or
sex.

2.3
The First Euro-Mediterranean Summit of Heads of State
and Government, held in Barcelona in 2005 to assess the first
ten years of the Euromed process was generally judged to have
been successful, since it contained a number of advances
compared to the 1995 Declaration, and new provisions
concerning the development of the role of civil society. The
democracy and human rights aspect, however, continued to be a
source of serious concern, as expressed at the summit itself.

2.4
In consequence, the 2005 summit made a commitment
to extend political pluralism and participation to all citizens,
particularly women and young people, by promoting a competi-
tive political framework, to include free and fair elections and
progress towards decentralisation and better public manage-
ment.

For

its part,

2.5
the European Commission implicitly
acknowledged the scanty progress made in connection with
human rights. In its Communication to the Council and the
European Parliament (4),
it placed human rights among the
three priority themes for the Mediterranean region, and also for
closer relations between the European Union and the partner
countries, focusing principally on the objective of advancing
human rights and democracy. The EESC shares the Commis-
sion's opinion, and considers
that democratising
processes in the MPCs be launched and consolidated.

it vital

Among the main recommendations of the 2004 United
2.6
report (5) are a
Nations Development Programme (UNDP)
gradual shift towards more representative governance, the first
stage of which should be to unleash the strengths of civil
society and to allow the expression of the three fundamental
freedoms:
freedom of expression and
freedom of association.

freedom of opinion,

(4) Communication from the Commission to the Council and the
the
European Parliament of 12 April 2005 Tenth Anniversary of
Euro-Mediterranean Partnership: A work programme to meet the challenges of
the next five years, COM(2005) 139 final.

(5) Arab Human Development Report 2004. UNDP (April 2005).

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In this regard, and in order to make it easier for women to take
part in every aspect of public life in the MPCs, changes must be
made to legislation, especially laws on personal status, so that
women can make free choices in exercising the fundamental
freedoms.

demands the non-involvement of the State in the establishment
and affairs of all associations operating in keeping with the law.
It also requires the support of the State in creating and main-
taining an atmosphere in which the right to free association can
be exercised.

The final declarations of

2.7
two Summits of
Economic and Social Councils and Similar Institutions addressed
aspects
the present
own-initiative opinion.

touching upon the central

theme of

the last

2.8
The 2006 meeting in Ljubljana noted the need to
strengthen dialogue and cooperation between governments and
non-governmental players in the Euromed region, especially
associations of women and young people, and socio-occupa-
the Final Declaration
tional organisations.
proposed that the Slovenian Council Presidency (first half of
2008) should organise a tripartite conference on progress in
social dialogue.

In this

regard,

2.9
The Final Declaration of the last Summit of Economic
and Social Councils and Similar Institutions (Athens, 15 and
16 October 2007) included a number of significant references:
(a) a call for regular monitoring of civil society involvement in
defining and implementing national action plans, and the
suggestion that ESCs and similar institutions could serve as a
means of facilitating such monitoring (b) it called for resources,
support and recognition to be given to ESCs so that they can
speak out independently, and for a commitment on their part to
remain open to civil society representatives not included in such
bodies (c) point 12 explicitly demanded respect for the freedom
of association in order to facilitate civil society dialogue.

3. How freedom of

association is

faring

in the

Mediterranean partner countries

3.1
Security and the pursuit of peace are essential to the crea-
tion of a conducive atmosphere for carrying forward a process
of democratisation in all the Mediterranean partner countries.

The disastrous situation in the Palestinian territories, the war in
Iraq and the rise of extremism and terrorism have had a very
damaging effect on the prospects for developing the freedoms.
Some governments have used these risks or on outside threats
to justify clamping down on pro-democracy reforms. In certain
countries, this has led to a clawing-back of individual freedoms
and the right of association.

3.2
The guaranteed exercise of human rights is an absolutely
crucial precondition for putting these declared democratising
intentions into practice. The freedom of association, together
with the promotion and development of associations, is in the
interests of all sectors, and is a key factor in developing the
Euro-Mediterranean Partnership, particularly with regard to the
involvement in it of civil society and its various bodies.

3.3
It needs to be repeated that the right to free association
includes the right to join, associate with, form and withdraw
It
from groups, associations and societies of different kinds.

The right

to form and join associations cannot be
3.4
isolated from the other civic and political rights, such as the
freedoms of expression and opinion, freedom of movement and
asylum. A flourishing civil society will, in turn, contribute to
the introduction or consolidation of more pluralist political
systems.

3.5
There is a contradiction in the majority of the MPCs
between the international conventions (guaranteeing the right to
the freedom of association) signed by their governments and
their national laws, and between both these legal systems and
the facts on the ground to which they are applied. With the
exception of a few countries, the creation of associations and
the exercise of their activities are subject to a raft of restrictions,
on the grounds — or pretext — of safeguarding national
security and unity.

3.6
This pretext is habitually used, through legislation, to
limit (or sometimes even abolish) the rights to strike, assemble,
demonstrate and set up associations. Strong centralisation of
executive power, a widespread feature of the political systems in
partner countries, is reflected in excessive supervision of associa-
tions.

the

control

Tolerance,

repression are

3.7
three
and
approaches used (sometimes in combination) by the authorities
In some countries, there is an
in dealing with associations.
acceptable degree of
is only
that
in others independent
restricted under specific circumstances;
associations are allowed to operate but are constricted by
administrative and financial controls; and then there are coun-
tries in which only pro-government associations are allowed.

freedom for associations,

3.8
Interference and control have a negative impact on the
different stages in an association's existence, from its inception
right through to dissolution. Where the establishment of asso-
ciations is selective or discretionary, associations are frequently
restricted to persons close to the authorities, and are generally a
source of corruption. Where dissolution can be imposed arbitra-
rily, associations act timidly, and fail to live up to expectations
or potential.

3.9
Three types of association are, for different reasons, parti-
cularly subject to surveillance: firstly, fundamentalist Islamicist
associations, suspected of encouraging extreme political
Isla-
mism, which in some countries has become the main force for
opposition, either legal or underground. Next, human rights
associations, because they are sometimes also close to alterna-
tive political groupings. And then there are the trade unions,
since they are in some cases mass organisations that can chal-
lenge a country's economic and social policy, and have close
links with international organisations and institutions.

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3.10
Although these restrictions are widespread, it must be
pointed out that the level of freedoms concerning the right of
association in the partner countries is far from uniform.
In
many countries it is possible, albeit with difficulty, for workers,
the self-employed, employers, women, young people, farmers,
etc. to organise independently.

4. Situation and features of the main associations in the

MPCs

4.1
Traditional organisations representing workers, farmers,
employers, the social economy and other various activities cover
all the countries, but they are relatively weak and subject to the
restrictions described.

4.2
Other types of association are of a charitable and welfare
nature, working with disadvantaged populations to provide
services mainly on a community, religious, regional, tribal or
family basis.
In some cases, they amount to real, organised
social services.

Other types of environmental and cultural association
4.3
have emerged since the 1990s, seeking to involve themselves in
public or state affairs by means of proposals, encouragement
and direct action, and not simply to fill in the gaps left by state
shortcomings. These new associations are often met with suspi-
cion and obstructionism on the part of the administrative and
political structures.

Other important associations are concerned with issues
4.4
touching upon human rights, women's rights, defending minori-
ties and developing democracy in general.

The situation at the workplace and in industrial relations
4.5
in the MPCs was discussed at length at the last Summit of
Economic and Social Councils,
report
presented by the Spanish ESC. Some of the views contained in
it are included in the following four points.

through the joint

4.6
The principal of trade union freedom is enshrined in the
constitutions of the MPCs. In the last few years some progress
has been made in ratifying the main ILO social conventions.
The same has not however occurred in terms of their incorpora-
tion into national
legislation. The ILO Trade Union Freedom
Committee, responsible for examining complaints made by
trade unions or business organisations against their govern-
ments in relation to violations of union freedom, has received a
number of complaints from MPCs, mostly concerning Morocco
and Turkey (6).

The model

for trade union organisations varies from
4.7
country to country. Some have a single, compulsory trade union
(monopoly), while in others this unity is voluntary (single trade
union), and a number of countries have a range of trade union
organisations. There is also marked functional dependence with
respect to the political powers.

(6) The question of

trade union rights in Turkey is currently being

addressed by the EU-Turkey Joint Consultative Committee.

4.8
In addition, there is a lack of clear and well-defined regu-
latory legislation on representation, affecting both union organi-
sations and business organisations, leaving plenty of room for
the discretional exercise of power by the political authorities.

4.9 Most trade union organisations in the MPCs belong to
wider international confederations, and coordinate their work
with European trade unions through the Euromed Trade Union
Forum. The forum comprises
the European Trade Union
Confederation (ETUC), the International Trade Union Confedera-
tion (ITUC),
the International Confederation of Arab Trade
Unions (ICATU) and the Trade Union Confederation of Arab
Magreb Workers (USTMA). Their objectives include greater
north-south cooperation, and the defence and promotion of
workers' interests in the Barcelona Process.

4.10
Business associations are widespread in all the MPCs,
and in general are not subject to as many legal, political or
administrative restrictions in performing their representative
function. Sector-based employers' organisations are the norm,
with cross-sector employers' confederations gradually being set
up.
the important role
played in the MPCs by chambers of commerce should be indi-
cated.

In addition to business associations,

Pluralism is better established among employers' organisation
than among trade unions. Organisations in each country may
join together in a single business confederation, as in Tunisia,
where the UTICA (7) covers all the non-farm economic sectors,
while in others a range of organisations exists, as in the case of
Morocco, which has three employers' organisations (8).

4.11
The business organisations of eleven partner coun-
tries (9) (and Malta) together form the Union of Mediterranean
Confederations of Enterprises (UMCE), whose headquarters are
in Tunisia, and whose objectives include the establishment on
consultation on an institutional footing between socio-occupa-
tional organisations,
to setting up a
Euro-Mediterranean free trade zone.

and to contribute

4.12
The social economy, in its various forms (cooperatives,
mutual societies, development associations) gives work to a
large sector of the population in the MPCs, and makes a decisive
contribution to economic growth and employment, particularly
in SMEs and micro-businesses, as well as playing an important
part in providing social services.

4.13
Associative activity in the social economy sectors is not,
in principle, restricted on political grounds, but is affected by
the administrative controls
indicated with regard to other
groups. Associative activity is particularly widespread in agri-
cultural cooperatives in countries such as Morocco, Palestine,
Turkey, Egypt and Israel.

(7) Tunisian Union of Industry, Commerce and Crafts.
(8) The Moroccan Agricultural Union; the General Union of Industry and
Commerce and the General Confederation of Moroccan Enterprises.
(9) CGEA-Algeria, OEB-Cyprus, FEI-Egypt, MAI-Israel, JCI-Jordan, ALI-
Lebanon, MFOI-Malta, CGEM-Morocco, PFI-Palestine, FSCC-CCI-Syria,
UTICA-Tunisia, TUSIAD-TISK-Turkey.

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4.14
The various interest groups — social and socio-occupa-
tional partners, environmental organisations, family associations
and consumer organisations, social economy groups, etc. — are
striving to play an active role in implementing the partnership
and neighbourhood policies, as set out in the EESC's recent
information report (10).

The Euromed Social Economy Network (ESMED) was
4.15
set up in Madrid in 2000. At present, it brings together organi-
sations from France, Greece, Italy, Portugal, Spain, Morocco and

Tunisia. ESMED has
Euro-Mediterranean Partnership initiatives and meetings.

contributed to various EESC and

Albeit subject to the same difficulties outlined for other
4.16
groups, non-governmental organisations and other associations
with social aims also play a significant role, particularly in
upholding human rights. Their work is also highly visible in
carrying forward the objectives of the Barcelona Process. The
set up in 2005,
Euromed Non-Governmental Platform,
comprises numerous networks
including the
Euro-Mediterranean Human Rights Network.

and NGOs,

Brussels, 22 April 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(10) REX/223 — CESE 504/2007, Civil society involvement at local level in the
context of the implementation of action plans for the European Neighbour-
hood Policy and balanced and sustainable development.