Article 9: The national council of unions, unions and employer associations have the following rights:  To draw up their own statutes and administrative regulations, their organization and functioning, and their work programs as long as they are not contrary to public orders, provisions and laws in effect; and  To freely elect their representatives. Comments: The inclusion in this provision of some of the rights established under international human rights and labor law is welcomed. However, article 8 of the ICESCR requires that trade unions should also enjoy the following rights (see introduction): to function freely; to strike; to establish national federations or confederations, and the right of the latter to form or join international trade-union organizations. The reference to laws and regulations in effect or public orders restricts the rights of trade unions and employer associations to a greater extent than is allowed by international standards, which limits restrictions to “those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others” (emphasis added). Draft article 9 could potentially allow for any public authority to issue orders that could impair the functioning of a union, employer association or the national council of unions, irrespective of the legality of the orders issued. In addition, Article 8 of the ICESCR establishes an “and” rather than “or” with regard to the link between national legislation and public order. In this regard, the SRFAA has stated that [a]ny restrictions must, nevertheless, comply with States’ international human rights obligations as blanket restrictions shall not be considered lawful.”16 The ICCPR foresees that restrictions might need to be placed on the enjoyment of freedom of association under certain circumstances, which are set forth in article 22, para. 2. According to the HRCte, the burden of proof is on the State party to explain why any restrictions it imposes are necessary.17 In this regard, proportionality test should be carried out to ensure that the limitations are in fact necessary to obtain the pursued aim. OHCHR proposes the following reformulation: 1. A national council of unions, unions and employer associations have the following rights:     To draw up their own statutes and administrative regulations, their organization and functioning, and their work programs; To freely elect their representatives; To function freely; To establish national federations or confederations, and the right of the latter to form or join international trade-union organizations. 2. Unions, union federations and confederations, and the national council of unions have the right to strike. 3. No restrictions may be placed on the exercise of these rights other than those prescribed by law and which are necessary in a democratic society in the                                                              16 A/HRC/20/27, para. 54. See Communication No. 1383/2005, Katsora et al. v. Belarus, Views adopted on 25 October 2010 and Communication No. 2165/2012, Pinchuk v. Belarus, Views adopted on 24 October 2014, among other decisions of the Human Rights Committee. 17 10