Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the information contained in the Government’s report in reply to its previous observation.

The Committee takes note of State Ordinance AB 1999 No. GT2 with respect to the right to organize and to assemble. Article 1 of the State Ordinance prohibits the holding of any public meeting or speech in open air without prior written authorization from the Minister of General Affairs. The Committee requests the Government to provide information on the practical application of article 1. In particular, the Committee requests the Government to indicate on which basis the Minister delivers the authorization and according to which specific requirements, if any, and to supply a copy of any relevant rule, regulation, decree or other text in this respect.

Furthermore, section 5(1) of the State Ordinance provides that the right to assembly may be subject to certain conditions specified in a national decree, if public order is disturbed or if there is a serious risk of disturbance of public order. However, section 5(3) states that "[the] provisions of paragraph 1(a) and (b) shall not apply to associations, committees or bodies established by virtue of a legal regulation or to committees, associations or bodies expressly excluded in the national decree". The Committee requests the Government to indicate if, according to section 5(3), the trade unions and other workers’ and employers’ organizations are exempted from the application of section 5(1).