Freedom of Association/Country forces
What historical forces or events, if any, contributed to a widespread belief in its importance?
First mentions of freedom of association as a right emerged during the Enlightenment period of the 17th and 18th centuries from philosophers like John Locke and Montesquieu. Locke forms his argument on a larger scale in terms of political society as a whole: “Nothing can make any man so but his actually entering into [society] by positive engagement and express promise and compact. This is that which, I think, concerning the beginning of political societies, and that consent which makes any one a member of any commonwealth” (Locke 1690, 158). Montesquieu however specifies his argument in terms of economic associations: “… all associations of merchants, in order to carry on a particular commerce, are seldom proper in absolute governments” (Montesquieu 1748, 352). Conversely, if associations are not “proper” in absolute governments, one can conclude that Montesquieu advocated for freedom of association as a necessary component of a democratic society to protect individual interests. While Enlightenment philosophers were among the first to raise the issue of association rights, it took several hundred years for it to be officially and legally codified. Major historical movements that have promoted freedom of association are of twofold importance: firstly, association rights are often exercised to highlight societal or political injustices, but the right itself also lends legitimacy to the people who want to see progress in their societies and governments.
In terms of formal acceptances of freedom of association, the first country-specific code emerged in France in 1789 and the United States in 1791. In the Declaration of the Rights of Man and the Citizen, Article 11 establishes that “the free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law” (“Declaration of the Rights of Man”). Shortly after the publication of this document, the First Amendment to the Constitution of the United States was ratified, ensuring that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (U.S. Constitution. Amendment I). While freedom of association is not explicitly identified here, the freedoms that are listed are specific elements of what constitutes freedom of association as a whole.
CODIFIED LAWS THAT PROTECT FREEDOM OF ASSOCIATION
The promotion of freedom of association did not emerge on an international scale until after World War II. First in 1948 with the adoption of the United Nations’ Universal Declaration of Human Rights (UDHR), Article 20 provides that “everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association." This was the first international agreement to refer to human rights and liberties that everyone should enjoy, regardless of nationality or citizenship. And while this is not a universally legally binding document, it serves as a baseline for legal frameworks around the world and establishes freedom of association as a fundamental right of democratic societies. Building upon the UDHR later in 1966, the UN established the International Covenant on Civil and Political Rights (ICCPR) to ensure the protection of fundamental civil and political rights in each of its participant countries. Article 22 states that:
1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others…
While the UDHR is an internationally focused agreement, it is not legally binding for the partner countries and therefore has no real jurisdiction or right to action. Conversely, the ICCPR as a legal document guarantees the rights it establishes in each country that ratifies the Covenant.
AMERICAN LABOR AND TRADE UNION MOVEMENT
The American labor and trade union movement of the early 20th century was a major historical force that contributed to a more widespread belief in freedom of association. In light of the industrialization of the 18th and 19th centuries, the movement fought for the rights of workers to form trade unions and bargain collectively. As we saw in the UDHR, one can think of union membership as an exercise of freedom of association. An example from the decade before the promulgation of the UDHR that might make this clear is the passage of the National Labor Relations Act into law in 1935. Its main objective was to guarantee freedom of association for employees via the formation of union organizations. Section 7. C provides that “employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection…” (United States Code: National Labor Relations). Because of the work of trade organizations like the American Federation of Labor and Congress of Industrial Organizations, freedom of association was now a legally protected right for American employees in their places of work.
WOMEN’S SUFFRAGE
The women’s suffrage movement of the 19th and 20th centuries was greatly dependent on freedom of association as a means of action, and it also helped to promote a more widespread belief in this freedom as a fundamental right. Organizations like the National American Woman Suffrage Association (NAWSA) in the US and the Women's Social and Political Union (WSPU) in the UK were instrumental in organizing efforts of like-minded people who wanted to see gender equality for political rights. One of the most notable events of the movement was the Seneca Falls Convention that convened in 1848. At this convention, Elizabeth Cady Stanton produced the Declaration of Sentiments, which explained both what activists wanted to see produced from their actions (i.e., gender equality socially, politically, religiously, and economically), but also how they planned to use freedom of association to publicize their message and complaints. The Declaration proclaims that “we shall employ agents, circulate tracts, petition the State and National legislatures, and endeavor to enlist the pulpit and the press on our behalf. We hope this Convention will be followed by a series of Conventions embracing every part of the country” (Stanton, 1848). By utilizing freedom of association to organize the efforts of their activists, they could achieve greater clarity of message and work more efficiently to bring their goals to fruition.
AMERICAN CIVIL RIGHTS MOVEMENT
Similar to the women’s suffrage movement, the Civil Rights Movement in America was highly dependent on the right to join organizations of one’s choosing and therefore was crucial to affirming the importance of freedom of association. But unlike the suffrage movement, there was an added barrier to the free utilization of this right— institutionalized racial segregation and discrimination. Organizations like the National Association for the Advancement of Colored People (NAACP) and the Student Nonviolent Coordinating Committee (SNCC) emerged as a way for like-minded individuals to coordinate efforts and provide support for other activists, but they were often met with resistance on grounds of racial discrimination. In the landmark case NAACP v. Alabama, John Patterson sued the state in an attempt to ban the organization from operating in Alabama based on the argument that “the NAACP was a foreign corporation not qualified to do business in Alabama” (Rubinowitz 2017, 1237). Patterson then “obtained an order compelling the NAACP to provide its membership list as part of the state’s assessment of the organization.” But “the organization refused to comply because of the harm that would cause both the individual members and the NAACP itself" (Rubinowitz 2017, 1237). The case reached the Supreme Court in 1958, and a unanimous Court decided in favor of the petitioners, explaining that “in the circumstances of this case, compelled disclosure of petitioner's membership lists is likely to constitute an effective restraint on its members' freedom of association…” (NAACP v. Alabama 357, 1958).
ANTI-APARTHEID MOVEMENT
The anti-apartheid movement in South Africa spanned several decades of the 20th century and was aimed at dismantling the systemic racism that the government of South Africa was built on. It utilized and promoted freedom of association as a means to organize resistance efforts and promote fundamental equality which contributed to a widespread belief in this right. The African National Congress (ANC) was the primary group leading the liberation movement for many years before being forced to go underground in the 1960s. Despite this, and after decades of repression, censorship, and violence at the hands of the apartheid government, the resistance efforts reached new heights in the 1980s. As more community organizations began to appear, it became clear that there was a need for greater structure to achieve their goals of liberation. This led to the creation of organizations like the United Democratic Front (UDF) and Congress of South African Trade Unions (COSATU). The importance of these organizations cannot be overstated-- it was the persistent efforts of anti-apartheid associations that won out in the end and put the ANC in power from 1994 onwards (ANC History: The Struggle for People’s Power, 2023).
SOLIDARITY
The Solidarity movement was a trade union movement in Poland in the late 20th century that leveraged freedom of association to protest the communist regime. Communist rule in Poland had long been unpopular, and Solidarity was not the first movement to arise in opposition to them, but it was the first to successfully utilize the right of association to produce change which proved its importance as a fundamental right (Bartkowski 2009, 2). Following years of economic decline, Poland saw massive labor strikes in the summer of 1980. The trade union Solidarity was born out of the Gdansk Shipyard under the leadership of Lech Walesa and was legalized by the Polish government shortly thereafter as they determined that “it is considered expedient to establish new self-governing trade unions that will genuinely represent the working class” (Gdansk Agreement 1980, 11). They became the first legal trade union in the Eastern Bloc, and they eventually grew into a popular political movement. But as its popularity and size continued to develop, the communist regime imposed martial law and forced Solidarity underground. However, Solidarity survived this repression and later played a key role in the appointment of the country’s first non-communist prime minister nearly a decade later (Bartkowski, 2009).
REFERENCES
“ANC History.” African National Congress. Accessed June 16, 2023. https://www.anc1912.org.za/history/. Baron de Montesquieu, Charles de Secondat. The Spirit of the Laws. Translated by Thomas Nugent. Batoche Books, 2001. Bartkowski, Maciej. “Poland’s Solidarity Movement (1980-1989).” International Center on Nonviolent Conflict, December 2009. https://www.nonviolent-conflict.org/polands-solidarity-movement-1980-1989/. “Declaration of the Rights of Man.” Avalon Project. Accessed June 16, 2023. https://avalon.law.yale.edu/18th_century/rightsof.asp. Khronika Press. “The Gdansk Agreement: Protocol of Agreement between the Government Commission and the Interfactory Strike Committee Concluded on August 31, 1980 at Gdansk Shipyards.” World Affairs 145, no. 1 (1982): 11–19. http://www.jstor.org/stable/20671927. Locke, John. “Of the Beginning of Political Societies.” Essay. In Two Treatises of Government 10, 10:146–58. London: Thomas Tegg et. al, 1823. NAACP v. Alabama ex rel. Patterson (U.S. Supreme Court June 30, 1958). Rubinowitz, Leonard S. 2017. “The Courage of Civil Rights Lawyers: Fred Gray and His Colleagues.” Case Western Reserve Law Review 67 (4): 1227–75. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=a9h&AN=123785450&site=ehost-live&scope=site. Stanton, Elizabeth Cady. “The Declaration of Sentiments.” The Seneca Falls Declaration 1848 . Accessed June 16, 2023. http://www.let.rug.nl/usa/documents/1826-1850/the-seneca-falls-declaration-1848.php. UN General Assembly. International Covenant on Civil and Political Rights (ICCPR). New York: United Nations General Assembly, 16 December 1966.
United Nations General Assembly. The Universal Declaration of Human Rights (UDHR). New York: United Nations General Assembly, 1948.
U.S. Constitution. Amendment I
United States Code: National Labor Relations, 29 U.S.C. §§ 151-166 Suppl. 2 . 1935.