Belgian unions' alarm at bill on criminal organisations

A bill, officially meant to fight international crime is giving cause for concern in Belgium in autumn 1997. The vagueness of the text could, it is feared, allow legal proceedings against trade union activity or associations.

On 5 June 1997, the Chamber of Representatives passed a bill on criminal organisations which would modify a chapter of the Penal Code. The bill still has to go through the Senate before becoming law. Some trade union representatives, as well as representatives of human rights associations and some journalists have drawn attention to what they see as the potential dangers of the bill in its present form. Article 342 defines a criminal organisation as "any organisation with more than two members formed with a view to committing a crime or an offence in a concerted and structured way (...) to gain property benefits illegally or divert the functioning of public or private undertakings and using intimidation, threats, violence, arms, fraudulent devices or corruption (...)". Under Article 343, a person belonging to a criminal organisation thus defined would risk heavy fines and two to five years in prison "even if that person does not intend to commit an offence within the framework of that organisation, or to associate with one (...)". According to some, the vagueness of that wording could allow the qualification of picket lines or sit-ins as "diversions of an undertakings' functioning".

The Brussels committee of the Belgian General Federation of Labour (Fédération Générale du Travail de Belgique/Algemeen Belgisch Vakverbond, FGTB/ABVV) is concerned at "the potential dangers of this bill which would give a terrible weapon to all those who would gag not only unions but also political movements, associations and citizens' organisations". The union "will watch the Senate closely to ensure it introduces the necessary amendments so that the law is clearly and precisely worded to avoid any arbitrary legal use and any confusion of legal representative organisations with criminal organisations". Georges-Henri Beauthier, a lawyer, stressed that the preamble of the bill would allow the argument that "a union, a political movement or a bank could be considered at least as the tool of a criminal organisation."

Sources : Le Vif-L'Express, 4 July 1997; Le Peuple, 1 September 1997; Syndicats, 12 September 1997; Tribune CGSP-Enseignement, 26 September 1997.