Freedom of Association and Protection of the Right to Organise Convention

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Freedom of Association Convention
Convention concerning Freedom of Association and Protection of the Right to Organise
SignedJuly 9, 1948
Location San Francisco
EffectiveJuly 4, 1950
Conditiontwo ratifications
Parties158 [1] [2]
DepositaryDirector-General of the International Labour Office
LanguagesFrench, English

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]

Contents

Content

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

Ratifications of the convention. Green: ratified. Yellow: ratified, will be effective in future. Red: not ratified. Ratifications of ILO C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948.svg
Ratifications of the convention. Green: ratified. Yellow: ratified, will be effective in future. Red: not ratified.

As of February 2024, 158 out of 187 ILO member states have ratified the convention: [2] [5]

CountryDate
Flag of Albania.svg  Albania June 3, 1957
Flag of Algeria.svg  Algeria November 19, 1962
Flag of Angola.svg  Angola June 13, 2001
Flag of Antigua and Barbuda.svg  Antigua and Barbuda February 2, 1983
Flag of Argentina.svg  Argentina January 18, 1960
Flag of Armenia.svg  Armenia January 2, 2006
Flag of Australia (converted).svg  Australia February 28, 1973
Flag of Austria.svg  Austria November 18, 1950
Flag of Azerbaijan.svg  Azerbaijan May 19, 1992
Flag of the Bahamas.svg  Bahamas June 14, 2001
Flag of Bangladesh.svg  Bangladesh June 22, 1972
Flag of Barbados.svg  Barbados May 8, 1967
Flag of Belarus.svg  Belarus (as the Byelorussian SSR)November 6, 1956
Flag of Belgium (civil).svg  Belgium November 23, 1951
Flag of Belize.svg  Belize December 15, 1983
Flag of Benin.svg  Benin December 12, 1960
Bandera de Bolivia (Estado).svg  Bolivia January 4, 1965
Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina June 2, 1993
Flag of Botswana.svg  Botswana December 22, 1997
Flag of Bulgaria.svg  Bulgaria June 8, 1959
Flag of Burkina Faso.svg  Burkina Faso November 21, 1960
Flag of Burundi.svg  Burundi June 25, 1993
Flag of Cambodia.svg  Cambodia August 23, 1999
Flag of Cameroon.svg  Cameroon June 7, 1960
Flag of Canada (Pantone).svg  Canada March 23, 1972
Flag of Cape Verde.svg  Cape Verde February 1, 1999
Flag of the Central African Republic.svg  Central African Republic October 27, 1960
Flag of Chad.svg  Chad November 10, 1960
Flag of Chile.svg  Chile February 2, 1999
Flag of Colombia.svg  Colombia November 16, 1976
Flag of the Comoros.svg  Comoros October 23, 1978
Flag of the Republic of the Congo.svg  Congo November 10, 1960
Flag of the Democratic Republic of the Congo.svg  Democratic Republic of the Congo June 20, 2001
Flag of Costa Rica.svg  Costa Rica June 2, 1960
Flag of Cote d'Ivoire.svg  Côte d'Ivoire November 21, 1960
Flag of Croatia.svg  Croatia October 8, 1991
Flag of Cuba.svg  Cuba June 25, 1952
Flag of Cyprus.svg  Cyprus May 24, 1966
Flag of the Czech Republic.svg  Czech Republic January 1, 1993
Flag of Denmark.svg  Denmark June 13, 1951
Flag of Djibouti.svg  Djibouti August 3, 1978
Flag of Dominica.svg  Dominica February 28, 1983
Flag of the Dominican Republic.svg  Dominican Republic December 5, 1956
Flag of East Timor.svg  East Timor June 16, 2009
Flag of Ecuador.svg  Ecuador May 29, 1967
Flag of Egypt.svg  Egypt November 6, 1957
Flag of El Salvador.svg  El Salvador September 6, 2006
Flag of Equatorial Guinea.svg  Equatorial Guinea August 13, 2001
Flag of Eritrea.svg  Eritrea February 22, 2000
Flag of Estonia.svg  Estonia March 22, 1994
Flag of Ethiopia.svg  Ethiopia June 4, 1963
Flag of Fiji.svg  Fiji April 17, 2002
Flag of Finland.svg  Finland January 20, 1950
Flag of France.svg  France June 28, 1951
Flag of Gabon.svg  Gabon November 14, 1960
Flag of The Gambia.svg  Gambia September 4, 2000
Flag of Georgia.svg  Georgia August 3, 1999
Flag of Germany.svg  Germany March 20, 1957
Flag of Ghana.svg  Ghana June 2, 1965
Flag of Greece.svg  Greece March 30, 1962
Flag of Grenada.svg  Grenada October 25, 1994
Flag of Guatemala.svg  Guatemala February 13, 1952
Flag of Guinea.svg  Guinea January 21, 1959
Flag of Guinea-Bissau.svg  Guinea-Bissau June 9, 2023
Flag of Guyana.svg  Guyana September 25, 1967
Flag of Haiti.svg  Haiti June 5, 1979
Flag of Honduras.svg  Honduras June 27, 1956
Flag of Hungary.svg  Hungary June 6, 1957
Flag of Iceland.svg  Iceland August 19, 1950
Flag of Indonesia.svg  Indonesia June 9, 1998
Flag of Iraq.svg  Iraq June 1, 2018
Flag of Ireland.svg  Ireland June 4, 1955
Flag of Israel.svg  Israel January 28, 1957
Flag of Italy.svg  Italy May 13, 1958
Flag of Jamaica.svg  Jamaica December 26, 1962
Flag of Japan.svg  Japan June 14, 1965
Flag of Kazakhstan.svg  Kazakhstan December 13, 2000
Flag of Kiribati.svg  Kiribati February 3, 2000
Flag of Kuwait.svg  Kuwait September 21, 1961
Flag of Kyrgyzstan (2023).svg  Kyrgyzstan March 31, 1992
Flag of Latvia.svg  Latvia January 27, 1992
Flag of Lesotho.svg  Lesotho October 31, 1966
Flag of Liberia.svg  Liberia May 25, 1962
Flag of Libya.svg  Libya October 4, 2000
Flag of Lithuania.svg  Lithuania September 26, 1994
Flag of Luxembourg.svg  Luxembourg March 3, 1958
Flag of North Macedonia.svg  North Macedonia November 17, 1991
Flag of Madagascar.svg  Madagascar November 1, 1960
Flag of Malawi.svg  Malawi November 19, 1990
Flag of Maldives.svg  Maldives January 4, 2013
Flag of Mali.svg  Mali September 22, 1960
Flag of Malta.svg  Malta January 4, 1965
Flag of Mauritania.svg  Mauritania June 20, 1961
Flag of Mauritius.svg  Mauritius April 1, 2005
Flag of Mexico.svg  Mexico April 1, 1950
Flag of Moldova.svg  Moldova August 12, 1996
Flag of Mongolia.svg  Mongolia June 3, 1969
Flag of Mozambique.svg  Mozambique December 23, 1996
Flag of Myanmar.svg  Myanmar March 4, 1955
Flag of Namibia.svg  Namibia January 3, 1995
Flag of the Netherlands.svg  Netherlands March 7, 1950
Flag of Nicaragua.svg  Nicaragua October 31, 1967
Flag of Niger.svg  Niger February 27, 1961
Flag of Nigeria.svg  Nigeria October 17, 1960
Flag of Norway.svg  Norway July 4, 1949
Flag of Pakistan.svg  Pakistan February 14, 1951
Flag of Panama.svg  Panama June 3, 1958
Flag of Papua New Guinea.svg  Papua New Guinea June 2, 2000
Flag of Paraguay.svg  Paraguay June 28, 1962
Flag of Peru.svg  Peru March 2, 1960
Flag of the Philippines.svg  Philippines December 29, 1953
Flag of Poland.svg  Poland February 25, 1957
Flag of Portugal.svg  Portugal October 14, 1977
Flag of South Korea.svg  South Korea April 20, 2021
Flag of Romania.svg  Romania May 28, 1957
Flag of Russia.svg  Russia (as the Soviet Union)August 10, 1956
Flag of Rwanda.svg  Rwanda November 8, 1988
Flag of Saint Kitts and Nevis.svg  Saint Kitts and Nevis August 25, 2000
Flag of Saint Lucia.svg  Saint Lucia May 14, 1980
Flag of Saint Vincent and the Grenadines.svg  Saint Vincent and the Grenadines November 9, 2001
Flag of Samoa.svg  Samoa June 30, 2008
Flag of San Marino.svg  San Marino December 19, 1986
Flag of Sao Tome and Principe.svg  São Tomé and Príncipe June 17, 1992
Flag of Senegal.svg  Senegal November 4, 1960
Flag of Serbia.svg  Serbia (as Serbia and Montenegro)November 24, 2000
Flag of Seychelles.svg  Seychelles February 6, 1978
Flag of Sierra Leone.svg  Sierra Leone June 15, 1961
Flag of Slovakia.svg  Slovakia January 1, 1993
Flag of Slovenia.svg  Slovenia May 29, 1992
Flag of the Solomon Islands.svg  Solomon Islands April 13, 2012
Flag of Somalia.svg  Somalia March 22, 2014
Flag of South Africa.svg  South Africa February 19, 1996
Flag of Spain.svg  Spain April 20, 1977
Flag of Sri Lanka.svg  Sri Lanka September 15, 1995
Flag of Sudan.svg  Sudan March 17, 2021
Flag of Suriname.svg  Suriname June 15, 1976
Flag of Eswatini.svg  Swaziland April 26, 1978
Flag of Sweden.svg  Sweden November 25, 1949
Flag of Switzerland (Pantone).svg   Switzerland March 25, 1975
Flag of Syria.svg  Syria July 26, 1960
Flag of Tajikistan.svg  Tajikistan November 26, 1993
Flag of Tanzania.svg  Tanzania April 18, 2000
Flag of East Timor.svg  Timor Leste June 15, 2009
Flag of Togo.svg  Togo June 7, 1960
Flag of Trinidad and Tobago.svg  Trinidad and Tobago May 24, 1963
Flag of Tunisia.svg  Tunisia June 18, 1957
Flag of Turkey.svg  Turkey July 12, 1993
Flag of Turkmenistan.svg  Turkmenistan May 15, 1997
Flag of Uganda.svg  Uganda June 2, 2005
Flag of Ukraine.svg  Ukraine (as the Ukrainian SSR)September 14, 1956
Flag of the United Kingdom.svg  United Kingdom June 27, 1949
Flag of Uruguay.svg  Uruguay March 18, 1954
Flag of Uzbekistan.svg  Uzbekistan December 12, 2016
Flag of Vanuatu.svg  Vanuatu August 28, 2006
Flag of Venezuela.svg  Venezuela September 20, 1982
Flag of Yemen.svg  Yemen August 29, 1976
Flag of Zambia.svg  Zambia September 2, 1996
Flag of Zimbabwe.svg  Zimbabwe April 9, 2003

See also

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References

  1. Ratifications of C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
  2. 1 2 "SOMALIA: PM signs three core International Labour Organization conventions". Raxanreeb. 22 March 2014. Archived from the original on 22 March 2014. Retrieved 22 March 2014.
  3. "Conventions and ratifications". International Labour Organization . 27 May 2011.
  4. 1 2 Resource: International Labour Organization, ILO
  5. "Ratifications of Convention 87". International Labour Organisation. Archived from the original on 25 February 2003.