ARTICLES 10 & 11- RIGHT TO FREE ASSOCIATION AND FREE ASSEMBLY ARTICLE 10 1. Every individual shall have the right to free association provided that he abides by the law. 2. Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association. ARTICLE 11 Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others. 97. Section 13(1) of the Constitution provides that except with his own consent, no person shall be hindered in the enjoyment of his freedom of association, that is to say, his right to associate with other persons and, in particular, to form or belong to trade unions or other associations for the protection of his interests. 98. Section 13(2) of the Constitution provides that laws can be made which restrict the freedom of association to the extent that the laws in question makes provision in the interests of defence, public safety, public order, public morality or public health, or for the purpose of protecting the rights or freedoms of other persons; or for the imposition of restrictions upon public officers. However, these laws will not stand the test of constitutionality if it is shown that they are not reasonably justifiable in a democratic society. 99. Section 29 of the Employment Relations Act (EReA) guarantee the “freedom of association” of every worker, including Export Processing Zone (EPZ) workers and migrant workers to establish or join as a member, a trade union for the protection of their interests. Section 31 of the EReA afford additional protection of the above rights, against any form of discrimination and victimisation. Moreover, section 46(5B) of the Employment Rights Act (ERiA) provides that where a worker’s employment has been terminated on ground of discriminatory practices or union activities, the Industrial Court shall order that that worker (a) be reinstated in his former employment with payment of remuneration from the date of the termination of his employment to the date of his reinstatement; or (b) be paid severance allowance in accordance with provisions of the ERiA. 100. The introduction of the Police (membership of Trade Union) Act 2016 has moreover enabled officers of the Police Force for the first time ever to unionise. 76