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]
| Convention concerning Freedom of Association and Protection of the Right to Organise | |
|---|---|
| Signed | July 9, 1948 |
| Location | San Francisco |
| Effective | July 4, 1950 |
| Condition | two ratifications |
| Parties | 155[1][2] |
| Depositary | Director-General of the International Labour Office |
| Languages | French, English |
Content Edit
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]
Ratifications Edit
As of January 2023, 157 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 |
| South Korea | April 20, 2021 |
| 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 |
| Sudan | March 17, 2021 |
| 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 also Edit
References Edit
- ^ Ratifications of C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
- ^ a b . Raxanreeb. 22 March 2014. Archived from the original on 22 March 2014. Retrieved 22 March 2014.
- ^ "Conventions and ratifications". International Labour Organization. 27 May 2011.
- ^ a b
- ^ . International Labour Organisation. Archived from the original on 25 February 2003.
External links Edit
- ratifications
- Text of the Convention 6 July 2010 at the Wayback Machine at the Center for a World in Balance