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Freedom of Association and Protection of the Right to Organise Convention

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(Redirected fromFreedom of Association Convention 1948)
International Labour Organization Convention

Freedom of Association Convention
Convention concerning Freedom of Association and Protection of the Right to Organise
Signed9 July 1948
LocationSan Francisco
Effective4 July 1950
Conditiontwo ratifications
Parties158[1][2]
DepositaryDirector-General of the International Labour Office
LanguagesFrench, English

TheFreedom of Association and Protection of the Right to Organise Convention (1948)No 87 is anInternational Labour Organization Convention, and one of eight conventions that form the core ofinternational labour law, as interpreted by theDeclaration on Fundamental Principles and Rights at Work.[3]

Content

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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 theConstitution of the International Labour Organization; the affirmation of theDeclaration of Philadelphia in regard to the issue; and the request by the General Assembly of theUnited 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: 9 July 1948.

Part 1 consists of ten articles which outline the rights of both worker and employers to "joinorganisations 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 termorganisation 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 exercisefreely the right to organise." This sentence is expanded upon in theRight 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 formalratification 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 4 July 1950, one year afterNorway (preceded bySweden) 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

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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
Albania3 June 1957
Algeria19 November 1962
Angola13 June 2001
Antigua and Barbuda2 February 1983
Argentina18 January 1960
Armenia2 January 2006
Australia28 February 1973
Austria18 November 1950
Azerbaijan19 May 1992
Bahamas14 June 2001
Bangladesh22 June 1972
Barbados8 May 1967
Belarus (as theByelorussian SSR)6 November 1956
Belgium23 November 1951
Belize15 December 1983
Benin12 December 1960
Bolivia4 January 1965
Bosnia and Herzegovina2 June 1993
Botswana22 December 1997
Bulgaria8 June 1959
Burkina Faso21 November 1960
Burundi25 June 1993
Cambodia23 August 1999
Cameroon7 June 1960
Canada23 March 1972
Cape Verde1 February 1999
Central African Republic27 October 1960
Chad10 November 1960
Chile2 February 1999
Colombia16 November 1976
Comoros23 October 1978
Congo10 November 1960
Democratic Republic of the Congo20 June 2001
Costa Rica2 June 1960
Côte d'Ivoire21 November 1960
Croatia8 October 1991
Cuba25 June 1952
Cyprus24 May 1966
Czech Republic1 January 1993
Denmark13 June 1951
Djibouti3 August 1978
Dominica28 February 1983
Dominican Republic5 December 1956
East Timor16 June 2009
Ecuador29 May 1967
Egypt6 November 1957
El Salvador6 September 2006
Equatorial Guinea13 August 2001
Eritrea22 February 2000
Estonia22 March 1994
Ethiopia4 June 1963
Fiji17 April 2002
Finland20 January 1950
France28 June 1951
Gabon14 November 1960
Gambia4 September 2000
Georgia3 August 1999
Germany20 March 1957
Ghana2 June 1965
Greece30 March 1962
Grenada25 October 1994
Guatemala13 February 1952
Guinea21 January 1959
Guinea-Bissau9 June 2023
Guyana25 September 1967
Haiti5 June 1979
Honduras27 June 1956
Hungary6 June 1957
Iceland19 August 1950
Indonesia9 June 1998
Iraq1 June 2018
Ireland4 June 1955
Israel28 January 1957
Italy13 May 1958
Jamaica26 December 1962
Japan14 June 1965
Kazakhstan13 December 2000
Kiribati3 February 2000
Kuwait21 September 1961
Kyrgyzstan31 March 1992
Latvia27 January 1992
Lesotho31 October 1966
Liberia25 May 1962
Libya4 October 2000
Lithuania26 September 1994
Luxembourg3 March 1958
North Macedonia17 November 1991
Madagascar1 November 1960
Malawi19 November 1990
Maldives4 January 2013
Mali22 September 1960
Malta4 January 1965
Mauritania20 June 1961
Mauritius1 April 2005
Mexico1 April 1950
Moldova12 August 1996
Mongolia3 June 1969
Mozambique23 December 1996
Myanmar4 March 1955
Namibia3 January 1995
Netherlands7 March 1950
Nicaragua31 October 1967
Niger27 February 1961
Nigeria17 October 1960
Norway4 July 1949
Pakistan14 February 1951
Panama3 June 1958
Papua New Guinea2 June 2000
Paraguay28 June 1962
Peru2 March 1960
Philippines29 December 1953
Poland25 February 1957
Portugal14 October 1977
South Korea20 April 2021
Romania28 May 1957
Russia (as theSoviet Union)10 August 1956
Rwanda8 November 1988
Saint Kitts and Nevis25 August 2000
Saint Lucia14 May 1980
Saint Vincent and the Grenadines9 November 2001
Samoa30 June 2008
San Marino19 December 1986
São Tomé and Príncipe17 June 1992
Senegal4 November 1960
Serbia (asSerbia and Montenegro)24 November 2000
Seychelles6 February 1978
Sierra Leone15 June 1961
Slovakia1 January 1993
Slovenia29 May 1992
Solomon Islands13 April 2012
Somalia22 March 2014
South Africa19 February 1996
Spain20 April 1977
Sri Lanka15 September 1995
Sudan17 March 2021
Suriname15 June 1976
Swaziland26 April 1978
Sweden25 November 1949
 Switzerland25 March 1975
Syria26 July 1960
Tajikistan26 November 1993
Tanzania18 April 2000
Timor Leste15 June 2009
Togo7 June 1960
Trinidad and Tobago24 May 1963
Tunisia18 June 1957
Turkey12 July 1993
Turkmenistan15 May 1997
Uganda2 June 2005
Ukraine (as theUkrainian SSR)14 September 1956
United Kingdom27 June 1949
Uruguay18 March 1954
Uzbekistan12 December 2016
Vanuatu28 August 2006
Venezuela20 September 1982
Yemen29 August 1976
Zambia2 September 1996
Zimbabwe9 April 2003

See also

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References

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  1. ^Ratifications of C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
  2. ^ab"SOMALIA: PM signs three core International Labour Organization conventions".Raxanreeb. 22 March 2014. Archived fromthe original on 22 March 2014. Retrieved22 March 2014.
  3. ^"Conventions and ratifications".International Labour Organization. 27 May 2011.
  4. ^abResource: International Labour Organization, ILO
  5. ^"Ratifications of Convention 87". International Labour Organisation. Archived fromthe original on 25 February 2003.

External links

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