Editorial: human rights protection for labour's voice

Abstract

2 | International Union Rights | 24/3 EDITORIAL Editorial: freedom of expression Dirk Voorhoof opens this edition, charting the treatment of trade union-related freedom of expression by the European Court of Human Rights, and considers whether the Court has shown a broad enough consideration of the wider implications of its case-by-case reasoning, whether it has applied a too narrow concept of trade union activities, and whether it has correctly upheld the standard under which interference with a protected right is justified only where it is ‘necessary in a democratic society’. Keisuke Fuse informs IUR that the authorities in Japan have now passed a law containing sweeping powers to monitor activist groups, including trade unionists, and discusses a recent case in which a company has won a libel suit against a union based on what would in most contexts be regarded as typical and innocuous trade union campaign slogans. Léonie Guguen describes how an Algerian independent union leader has been harassed after blowing the whistle on widespread overcharging at the state gas and electricity company Sonelgaz, while Bermudian union leader Jason P. Hayward explains how legal challenges, including a libel suit and then criminal charges based on obscure offences that predate the island’s independence, were used against him when he was campaigning at the centre of a popular coalition of civil society organisations. Julius G. Getman argues that claims of this kind are one of employers’ most powerful weapons, observing that in the US issues arise when state – rather than federal – courts apply libel law, and shows that in such cases even relatively innocuous statements have been found defamatory. Looking at how employers have used freedom of speech to their own advantage in the US, Lance Compa shows how employers have also sought to co-opt freedom of expression rights within international forums in order to thwart freedom of association claims by workers. Celia Mather’s report of the libel suit against International Labour Reports reminds us that those bringing libel suits may not need to win in court, and may do little to challenge the accuracy of what is published, but may still have a significant impact on labour advocacy. IUR’s focus on freedom of expression then closes with an update on libel cases against Andy Hall and Wilson Sossion, and a call for greater legal protection for sincere human rights advocacy. Finally, in this edition, Ciaran Cross provides us with further thoughts on the US’s peculiar labour challenge against Guatemala exposing structural faults in the complaint itself, and possible limits of the trade agreement labour protections. Daniel Blackburn Next issue of IUR Articles between 850 and 1800 words should be sent by email (mail@ictur.org) and accompanied by a photograph and short biographical note of the author. Please send by 15 November if they are to be considered for publication in the next issue of IUR. Subscribe to IUR / Affiliate to ICTUR Subscriptions: Print only £25 (individual rate), Print and electronic £75 (individual or institutional), Electronic only £55 (individual or institutional). Affiliations: (includes print and electronic access, and more, see www.ictur.org) Individual £50, Branch / local union £75 (includes 3 subscriptions), National (contact ICTUR for details). Name/Organisation Address Email Payment on invoice / Payment enclosed For discounted rates please contact IUR’s Editor Daniel Blackburn on ictur@ictur.org. All subscription services are available via our website: www.ictur.org/affiliation.htm ...