a) The stated objectives of the union or the employer association are not to defend or promote the rights and interests of persons that the statute of the union or the association has defined; b) The union is not independent. A union is considered to be not independent if it is: - under the control of an employer or employer association; and - it is under interference or influence of any kind from any employer or employer association; c) The union or the employer association does not fulfill the requirements set out in Article 12 of this law; d) The statutes of the union or the employer association do not fulfill the conditions required by this law or its implementing regulations; e) The leaders, managers and those responsible for the administration of the union or employer association do not fulfill all the conditions stipulated in Articles 20 and 21 of this law; f) The name of the union or the employer association is the same as that of a registered union or a registered employer association or so closely resembles that of a registered union or a registered employer association or so unclearly describes its coverage or objectives that the public is likely to be deceived or misunderstand. The Ministry in charge of Labor must communicate in writing the reasons for extending time for the registration of a union or an employer association within 30 (thirty) working days following receipt of the application. Any union or employer association whose application has been time extended for 15 (fifteen) days from the day of notification is to correct and complete the gap, otherwise the application will be automatically denied. Comments: This article refers not only to extended deadlines but to the denial of registration. The requirements, which are largely acceptable, should be formulated in more precise language, for example in paragraph a), to ensure that the provisions respect the principles of freedom of association as established in international standards, mainly article 3 of ILO Convention No. 87. To safeguard against unlawful or ill-founded decisions by the authorities responsible for registration, refusals to register a trade union must allow for recourse to a judicial authority.22 The last paragraph in article 16 establishes a procedure for extending time for the registration of a union or employer association. However, in failing to set out the process that should follow once a trade union or employer association provides additional information to “correct and complete the gap,” it creates a gap that could allow for discretionary decisions. OHCHR suggests that draft article 16 be revised in order to ensure the possibility of recourse to a judicial authority in cases where the Ministry in charge of Labor rejects registration, as is foreseen with regard to the revocation of registration already granted or the dissolution of a trade union (see OHCHR comments on draft articles 17-19 and 28). OHCHR also recommends revising the language in paragraph a) and removing paragraph b), and creating a separate provision with objective criteria establishing freedom from interference for trade unions. OHCHR recommends adding to the last paragraph: “With the submission of the information, the trade union or employer association shall be considered to be registered.” Article 17: In order to maintain the validity of approved registration, each union or employer association must:                                                              22 Digest decision of Freedom of Association of ILO, para. 296. 14