Freedom of Association and Protection of the Right to Organise Convention

The Freedom of Association and Protection of the Right to Organise Convention (1948) No 87 is an International Labour Organization Convention, and one of eight conventions that form the core of international labour law, as interpreted by the Declaration on Fundamental Principles and Rights at Work.[3]

Freedom of Association Convention
Convention concerning Freedom of Association and Protection of the Right to Organise
SignedJuly 9, 1948
LocationSan Francisco
EffectiveJuly 4, 1950
Conditiontwo ratifications
Parties155[1][2]
DepositaryDirector-General of the International Labour Office
LanguagesFrench, English

ContentEdit

The Freedom of Association and Protection of the Right to Organise Convention comprises the preamble followed by four parts with a total of 21 articles. The preamble consists of the formal introduction of the instrument, at the Thirty-first Session of the General Conference of the International Labour Organization, on 17 June 1948. A statement of the "considerations" leading to the establishment of the document. These considerations include the preamble to the Constitution of the International Labour Organization; the affirmation of the Declaration of Philadelphia in regard to the issue; and the request by the General Assembly of the United Nations, upon endorsing the previously received report of 1947, to "continue every effort in order that it may be possible to adopt one or several international Conventions." In closing, the preamble states the date of adoption: July 9, 1948.

Part 1 consists of ten articles which outline the rights of both worker and employers to "join organisations of their own choosing without previous authorisation." Rights are also extended to the organizations themselves to draw up rules and constitutions, vote for officers, and organize administrative functions without interference from public authorities. There is also an explicit expectation placed on these organizations. They are required, in the exercise of these rights, to respect the law of the land. In turn, the law of the land, "shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention." Finally, article 9 states that these provisions are applied to both armed forces and police forces only as determined by national laws and regulations, and do not supersede previous national laws that reflect the same rights for such forces. Article 1 states all ILO members must give effect to the following provisions.

PART I. FREEDOM OF ASSOCIATION

[...]

Article 2

Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation.

Article 3

1. Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes.

2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.

Article 4

Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.

Article 5

Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers.

Article 6

The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers' and employers' organisations.

Article 7

The acquisition of legal personality by workers' and employers' organisations, federations and confederations shall not be made subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3 and 4 hereof.

Article 8

1. In exercising the rights provided for in this Convention workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land.

2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention.

Article 9

1. The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations.

2. In accordance with the principle set forth in paragraph 8 of Article 19 of the Constitution of the International Labour Organisation [sic] the ratification of this Convention by any Member shall not be deemed to affect any existing law, award, custom or agreement in virtue of which members of the armed forces or the police enjoy any right guaranteed by this Convention.

Article 10

In this Convention the term organisation means any organisation of workers or of employers for furthering and defending the interests of workers or of employers.[4]

Part 2 states that every ILO member undertakes to ensure "all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organise." This sentence is expanded upon in the Right to Organise and Collective Bargaining Convention, 1949.

Part 3, which contains articles 12 and 13, deals with technical matters related to the Convention. It outlines the definitions of who may accept (with or without modification), or reject the obligations of this Convention with regards to "non-metropolitan territory[ies]", whose self-governing powers extend into this area. It also discusses reporting procedures for modification of previous declarations in regard to acceptance of these obligations. Part 4 outlines the procedures for formal ratification of the Convention. The Convention was declared to come into force twelve months from the date when the Director-General had been notified of ratification by two member countries. This date became July 4, 1950, one year after Norway (preceded by Sweden) ratified the Convention. Part 4 also outlines provisions for denunciation of the Convention, including a ten-year cycle of obligation. Final discussion highlights procedures which would take place in the event that the Convention is eventually superseded by a new Convention, in whole, or in part.[4]

RatificationsEdit

 
Ratifications of the convention

As of October 2020, 155 out of 187 ILO member states have ratified the convention:[2][5]

Country Date
  Albania June 3, 1957
  Algeria November 19, 1962
  Angola June 13, 2001
  Antigua and Barbuda February 2, 1983
  Argentina January 18, 1960
  Armenia January 2, 2006
  Australia February 28, 1973
  Austria November 18, 1950
  Azerbaijan May 19, 1992
  Bahamas June 14, 2001
  Bangladesh June 22, 1972
  Barbados May 8, 1967
  Belarus (as the Byelorussian SSR) November 6, 1956
  Belgium November 23, 1951
  Belize December 15, 1983
  Benin December 12, 1960
  Bolivia January 4, 1965
  Bosnia and Herzegovina June 2, 1993
  Botswana December 22, 1997
  Bulgaria June 8, 1959
  Burkina Faso November 21, 1960
  Burundi June 25, 1993
  Cambodia August 23, 1999
  Cameroon June 7, 1960
  Canada March 23, 1972
  Cape Verde February 1, 1999
  Central African Republic October 27, 1960
  Chad November 10, 1960
  Chile February 2, 1999
  Colombia November 16, 1976
  Comoros October 23, 1978
  Congo November 10, 1960
  Democratic Republic of the Congo June 20, 2001
  Costa Rica June 2, 1960
  Côte d'Ivoire November 21, 1960
  Croatia October 8, 1991
  Cuba June 25, 1952
  Cyprus May 24, 1966
  Czech Republic January 1, 1993
  Denmark June 13, 1951
  Djibouti August 3, 1978
  Dominica February 28, 1983
  Dominican Republic December 5, 1956
  East Timor June 16, 2009
  Ecuador May 29, 1967
  Egypt November 6, 1957
  El Salvador September 6, 2006
  Equatorial Guinea August 13, 2001
  Eritrea February 22, 2000
  Estonia March 22, 1994
  Ethiopia June 4, 1963
  Fiji April 17, 2002
  Finland January 20, 1950
  France June 28, 1951
  Gabon November 14, 1960
  Gambia September 4, 2000
  Georgia August 3, 1999
  Germany March 20, 1957
  Ghana June 2, 1965
  Greece March 30, 1962
  Grenada October 25, 1994
  Guatemala February 13, 1952
  Guinea January 21, 1959
  Guyana September 25, 1967
  Haiti June 5, 1979
  Honduras June 27, 1956
  Hungary June 6, 1957
  Iceland August 19, 1950
  Indonesia June 9, 1998
  Iraq June 1, 2018
  Ireland June 4, 1955
  Israel January 28, 1957
  Italy May 13, 1958
  Jamaica December 26, 1962
  Japan June 14, 1965
  Kazakhstan December 13, 2000
  Kiribati February 3, 2000
  Kuwait September 21, 1961
  Kyrgyzstan March 31, 1992
  Latvia January 27, 1992
  Lesotho October 31, 1966
  Liberia May 25, 1962
  Libya October 4, 2000
  Lithuania September 26, 1994
  Luxembourg March 3, 1958
  Republic of Macedonia November 17, 1991
  Madagascar November 1, 1960
  Malawi November 19, 1990
  Maldives January 4, 2013
  Mali September 22, 1960
  Malta January 4, 1965
  Mauritania June 20, 1961
  Mauritius April 1, 2005
  Mexico April 1, 1950
  Moldova August 12, 1996
  Mongolia June 3, 1969
  Mozambique December 23, 1996
  Myanmar March 4, 1955
  Namibia January 3, 1995
  Netherlands March 7, 1950
  Nicaragua October 31, 1967
  Niger February 27, 1961
  Nigeria October 17, 1960
  Norway July 4, 1949
  Pakistan February 14, 1951
  Panama June 3, 1958
  Papua New Guinea June 2, 2000
  Paraguay June 28, 1962
  Peru March 2, 1960
  Philippines December 29, 1953
  Poland February 25, 1957
  Portugal October 14, 1977
  Romania May 28, 1957
  Russia (as the Soviet Union) August 10, 1956
  Rwanda November 8, 1988
  Saint Kitts and Nevis August 25, 2000
  Saint Lucia May 14, 1980
  Saint Vincent and the Grenadines November 9, 2001
  Samoa June 30, 2008
  San Marino December 19, 1986
  São Tomé and Príncipe June 17, 1992
  Senegal November 4, 1960
  Serbia (as Serbia and Montenegro) November 24, 2000
  Seychelles February 6, 1978
  Sierra Leone June 15, 1961
  Slovakia January 1, 1993
  Slovenia May 29, 1992
  Solomon Islands April 13, 2012
  Somalia March 22, 2014
  South Africa February 19, 1996
  Spain April 20, 1977
  Sri Lanka September 15, 1995
  Suriname June 15, 1976
  Swaziland April 26, 1978
  Sweden November 25, 1949
   Switzerland March 25, 1975
  Syria July 26, 1960
  Tajikistan November 26, 1993
  Tanzania April 18, 2000
  Timor Leste June 15, 2009
  Togo June 7, 1960
  Trinidad and Tobago May 24, 1963
  Tunisia June 18, 1957
  Turkey July 12, 1993
  Turkmenistan May 15, 1997
  Uganda June 2, 2005
  Ukraine (as the Ukrainian SSR) September 14, 1956
  United Kingdom June 27, 1949
  Uruguay March 18, 1954
  Uzbekistan December 12, 2016
  Vanuatu August 28, 2006
  Venezuela September 20, 1982
  Yemen August 29, 1976
  Zambia September 2, 1996
  Zimbabwe April 9, 2003

See alsoEdit

NotesEdit

  1. ^ Ratifications of C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
  2. ^ a b "SOMALIA: PM signs three core International Labour Organization conventions". Raxanreeb. March 22, 2014. Archived from the original on March 22, 2014. Retrieved March 22, 2014.
  3. ^ "Conventions and ratifications". International Labour Organization. May 27, 2011.
  4. ^ a b Resource: International Labour Organization, ILO. [1]
  5. ^ "Ratifications of Convention 87". International Labour Organisation. Archived from the original on 2003-02-25. Retrieved 2013. Check date values in: |access-date= (help)

External linksEdit