Definitive Report - REPORT_NO207, March 1981

1. 42. The complaint is contained in a communication from the Policemen's Trade Union Federation (USP) dated 21 May 1980. USP sent additional information on 9 August 1980. The Government replied by a communication of 23 January 1981.
2. 43. Spain has ratified the Freedom of Association and Protection of the Right to organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations of the complainant

1. 44. USP alleges that the military authorities placed eight members of the National Police under arrest for one month for having attended a public meeting, convened by the Asturias Provincial Trade Union of USP in Oviedo on 3 March 1980, in which information was given on the proceedings of the First National Congress of USP.
2. 45. USP also states that the eight policemen were notified of their arrest on 20 March 1980 and that they were released on 3 April 1980 after being pardoned.
3. 46. USP also alleges that administrative action is being taken against the national policemen concerned and that they have been suspended.
4. 47. In its communication of 9 August 1980 the complainant alleges that the policemen have received the text of a decision transferring them to another garrison for service reasons.

B. Reply of the Government

1. 48. In its communication of 23 January 1981 the Government states that the public meeting held on 3 March 1980 discussed subjects related to the proceedings of the First National Congress of USP and the question of democracy within the National Police (relinquishment of dependence on the army and organisation of the national police as a civil corps); the chairman then threatened to invade the barracks to enforce the line supported by the meeting.
2. 49. According to the Government the military authorities sentenced the eight national policemen who had attended this public meeting to one month's arrest for a minor breach of military duty, and the policemen did not appeal against this measure. The sanction was based on Royal Legislative Decree 706/77 of 1 April to apply Royal Legislative Decree 10/1977 of 8 February to the National Police; section 2 of the latter decree makes it unlawful to "attend public meetings of a political or trade union nature organised by parties, groups or associations pursuing political or trade union objectives" and "to attend any other public meetings of a political or trade union nature in uniform or in a military capacity".
3. 50. The Government states that the disciplinary sanction against the eight national policemen was suspended when it was found that the facts of the case were not such as to warrant their dismissal from the service. Their transfer was ordered for service reasons unconnected with the case, under section 522 of the Police Regulations, and was not in the nature of a sanction.

C. Conclusions of the Committee

1. 51. The Committee notes that the present complaint refers to sanctions imposed on eight members of the National Police for having attended a public meeting convened by the Provincial Union of USP in Oviedo on 3 March 1980.
2. 52. Having examined the legal texts to which USP and the Government refer, the Committee notes that section 2 of Royal Legislative Decree 10/1977 of 8 February, which applies to the National Police under Royal Legislative Decree 706/77 of 1 April, prohibits members of the armed forces from joining political or trade union organisations and from attending public meetings of a political or trade union nature. In this connection the Committee wishes to point out that the fact that Article 9(1) of Convention No. 87 stipulates that the extent to which the guarantees provided for in the Convention shall apply to the armed forces and the police shall be determined by national laws and regulations does not warrant the assumption that any limitations or exclusions imposed by the legislation of a State as regards the trade union rights of the armed forces and the police are contrary to the Convention; this is a matter which has been left to the discretion of the States Members of the ILO. Accordingly, it is not for the Committee to give an opinion on the sanctions imposed on the members of the National Police in this case for taking part in the public meeting held on 3 March 1980 by the Asturias Provincial Union of the USP.