Freedom of Association and Protection of the Right to Organise Convention
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 | 158[1][2] |
Depositary | Director-General of the International Labour Office |
Languages | French, 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]
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]![](http://upload.wikimedia.org/wikipedia/commons/thumb/5/51/Ratifications_of_ILO_C087_-_Freedom_of_Association_and_Protection_of_the_Right_to_Organise_Convention%2C_1948.svg/300px-Ratifications_of_ILO_C087_-_Freedom_of_Association_and_Protection_of_the_Right_to_Organise_Convention%2C_1948.svg.png)
As of February 2024, 158 out of 187 ILO member states have ratified the convention:[2][5]
Country | Date |
---|---|
![]() |
June 3, 1957 |
![]() |
November 19, 1962 |
![]() |
June 13, 2001 |
![]() |
February 2, 1983 |
![]() |
January 18, 1960 |
![]() |
January 2, 2006 |
![]() |
February 28, 1973 |
![]() |
November 18, 1950 |
![]() |
May 19, 1992 |
![]() |
June 14, 2001 |
![]() |
June 22, 1972 |
![]() |
May 8, 1967 |
![]() |
November 6, 1956 |
![]() |
November 23, 1951 |
![]() |
December 15, 1983 |
![]() |
December 12, 1960 |
![]() |
January 4, 1965 |
![]() |
June 2, 1993 |
![]() |
December 22, 1997 |
![]() |
June 8, 1959 |
![]() |
November 21, 1960 |
![]() |
June 25, 1993 |
![]() |
August 23, 1999 |
![]() |
June 7, 1960 |
![]() |
March 23, 1972 |
![]() |
February 1, 1999 |
![]() |
October 27, 1960 |
![]() |
November 10, 1960 |
![]() |
February 2, 1999 |
![]() |
November 16, 1976 |
![]() |
October 23, 1978 |
![]() |
November 10, 1960 |
![]() |
June 20, 2001 |
![]() |
June 2, 1960 |
![]() |
November 21, 1960 |
![]() |
October 8, 1991 |
![]() |
June 25, 1952 |
![]() |
May 24, 1966 |
![]() |
January 1, 1993 |
![]() |
June 13, 1951 |
![]() |
August 3, 1978 |
![]() |
February 28, 1983 |
![]() |
December 5, 1956 |
![]() |
June 16, 2009 |
![]() |
May 29, 1967 |
![]() |
November 6, 1957 |
![]() |
September 6, 2006 |
![]() |
August 13, 2001 |
![]() |
February 22, 2000 |
![]() |
March 22, 1994 |
![]() |
June 4, 1963 |
![]() |
April 17, 2002 |
![]() |
January 20, 1950 |
![]() |
June 28, 1951 |
![]() |
November 14, 1960 |
![]() |
September 4, 2000 |
![]() |
August 3, 1999 |
![]() |
March 20, 1957 |
![]() |
June 2, 1965 |
![]() |
March 30, 1962 |
![]() |
October 25, 1994 |
![]() |
February 13, 1952 |
![]() |
January 21, 1959 |
![]() |
June 9, 2023 |
![]() |
September 25, 1967 |
![]() |
June 5, 1979 |
![]() |
June 27, 1956 |
![]() |
June 6, 1957 |
![]() |
August 19, 1950 |
![]() |
June 9, 1998 |
![]() |
June 1, 2018 |
![]() |
June 4, 1955 |
![]() |
January 28, 1957 |
![]() |
May 13, 1958 |
![]() |
December 26, 1962 |
![]() |
June 14, 1965 |
![]() |
December 13, 2000 |
![]() |
February 3, 2000 |
![]() |
September 21, 1961 |
![]() |
March 31, 1992 |
![]() |
January 27, 1992 |
![]() |
October 31, 1966 |
![]() |
May 25, 1962 |
![]() |
October 4, 2000 |
![]() |
September 26, 1994 |
![]() |
March 3, 1958 |
![]() |
November 17, 1991 |
![]() |
November 1, 1960 |
![]() |
November 19, 1990 |
![]() |
January 4, 2013 |
![]() |
September 22, 1960 |
![]() |
January 4, 1965 |
![]() |
June 20, 1961 |
![]() |
April 1, 2005 |
![]() |
April 1, 1950 |
![]() |
August 12, 1996 |
![]() |
June 3, 1969 |
![]() |
December 23, 1996 |
![]() |
March 4, 1955 |
![]() |
January 3, 1995 |
![]() |
March 7, 1950 |
![]() |
October 31, 1967 |
![]() |
February 27, 1961 |
![]() |
October 17, 1960 |
![]() |
July 4, 1949 |
![]() |
February 14, 1951 |
![]() |
June 3, 1958 |
![]() |
June 2, 2000 |
![]() |
June 28, 1962 |
![]() |
March 2, 1960 |
![]() |
December 29, 1953 |
![]() |
February 25, 1957 |
![]() |
October 14, 1977 |
![]() |
April 20, 2021 |
![]() |
May 28, 1957 |
![]() |
August 10, 1956 |
![]() |
November 8, 1988 |
![]() |
August 25, 2000 |
![]() |
May 14, 1980 |
![]() |
November 9, 2001 |
![]() |
June 30, 2008 |
![]() |
December 19, 1986 |
![]() |
June 17, 1992 |
![]() |
November 4, 1960 |
![]() |
November 24, 2000 |
![]() |
February 6, 1978 |
![]() |
June 15, 1961 |
![]() |
January 1, 1993 |
![]() |
May 29, 1992 |
![]() |
April 13, 2012 |
![]() |
March 22, 2014 |
![]() |
February 19, 1996 |
![]() |
April 20, 1977 |
![]() |
September 15, 1995 |
![]() |
March 17, 2021 |
![]() |
June 15, 1976 |
![]() |
April 26, 1978 |
![]() |
November 25, 1949 |
![]() |
March 25, 1975 |
![]() |
July 26, 1960 |
![]() |
November 26, 1993 |
![]() |
April 18, 2000 |
![]() |
June 15, 2009 |
![]() |
June 7, 1960 |
![]() |
May 24, 1963 |
![]() |
June 18, 1957 |
![]() |
July 12, 1993 |
![]() |
May 15, 1997 |
![]() |
June 2, 2005 |
![]() |
September 14, 1956 |
![]() |
June 27, 1949 |
![]() |
March 18, 1954 |
![]() |
December 12, 2016 |
![]() |
August 28, 2006 |
![]() |
September 20, 1982 |
![]() |
August 29, 1976 |
![]() |
September 2, 1996 |
![]() |
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 "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.
- ^ "Conventions and ratifications". International Labour Organization. 27 May 2011.
- ^ a b Resource: International Labour Organization, ILO
- ^ "Ratifications of Convention 87". International Labour Organisation. Archived from the original on 25 February 2003.
External links
[edit]- Freedom of association
- International Labour Organization conventions
- Treaties concluded in 1948
- Treaties entered into force in 1950
- Treaties of the People's Socialist Republic of Albania
- Treaties of Algeria
- Treaties of Angola
- Treaties of Antigua and Barbuda
- Treaties of Argentina
- Treaties of Armenia
- Treaties of Australia
- Treaties of Austria
- Treaties of Azerbaijan
- Treaties of the Bahamas
- Treaties of Bangladesh
- Treaties of Barbados
- Treaties of the Byelorussian Soviet Socialist Republic
- Treaties of Belgium
- Treaties of Belize
- Treaties of the Republic of Dahomey
- Treaties of Bolivia
- Treaties of Bosnia and Herzegovina
- Treaties of Botswana
- Treaties of the People's Republic of Bulgaria
- Treaties of Burkina Faso
- Treaties of Myanmar
- Treaties of Burundi
- Treaties of Cambodia
- Treaties of Cameroon
- Treaties of Canada
- Treaties of Cape Verde
- Treaties of the Central African Republic
- Treaties of Chad
- Treaties of Chile
- Treaties of Colombia
- Treaties of the Comoros
- Treaties of the Democratic Republic of the Congo
- Treaties of the Republic of the Congo
- Treaties of Costa Rica
- Treaties of Ivory Coast
- Treaties of Croatia
- Treaties of Cuba
- Treaties of Cyprus
- Treaties of the Czech Republic
- Treaties of Czechoslovakia
- Treaties of Denmark
- Treaties of Djibouti
- Treaties of Dominica
- Treaties of the Dominican Republic
- Treaties of East Timor
- Treaties of Ecuador
- Treaties of the Republic of Egypt (1953–1958)
- Treaties of El Salvador
- Treaties of Equatorial Guinea
- Treaties of Eritrea
- Treaties of Estonia
- Treaties of the Ethiopian Empire
- Treaties of Fiji
- Treaties of Finland
- Treaties of the French Fourth Republic
- Treaties of Gabon
- Treaties of the Gambia
- Treaties of Georgia (country)
- Treaties of West Germany
- Treaties of East Germany
- Treaties of Ghana
- Treaties of the Kingdom of Greece
- Treaties of Grenada
- Treaties of Guatemala
- Treaties of Guinea-Bissau
- Treaties of Haiti
- Treaties of Honduras
- Treaties of the Hungarian People's Republic
- Treaties of Iceland
- Treaties of Indonesia
- Treaties of Ireland
- Treaties of Israel
- Treaties of Italy
- Treaties of Jamaica
- Treaties of Japan
- Treaties of Kazakhstan
- Treaties of Kiribati
- Treaties of Kuwait
- Treaties of Kyrgyzstan
- Treaties of Latvia
- Treaties of Lesotho
- Treaties of Liberia
- Treaties of the Libyan Arab Jamahiriya
- Treaties of Lithuania
- Treaties of Luxembourg
- Treaties of North Macedonia
- Treaties of Madagascar
- Treaties of Malawi
- Treaties of Mali
- Treaties of Malta
- Treaties of Mauritania
- Treaties of Mauritius
- Treaties of Mexico
- Treaties of Moldova
- Treaties of the Mongolian People's Republic
- Treaties of Montenegro
- Treaties of Mozambique
- Treaties of Namibia
- Treaties of the Netherlands
- Treaties of Nicaragua
- Treaties of Niger
- Treaties of Nigeria
- Treaties of Norway
- Treaties of the Dominion of Pakistan
- Treaties of Panama
- Treaties of Papua New Guinea
- Treaties of Paraguay
- Treaties of Peru
- Treaties of the Philippines
- Treaties of the Polish People's Republic
- Treaties of Portugal
- Treaties of the Socialist Republic of Romania
- Treaties of Rwanda
- Treaties of Saint Kitts and Nevis
- Treaties of Saint Lucia
- Treaties of Saint Vincent and the Grenadines
- Treaties of Samoa
- Treaties of San Marino
- Treaties of São Tomé and Príncipe
- Treaties of Senegal
- Treaties of Serbia and Montenegro
- Treaties of Seychelles
- Treaties of Sierra Leone
- Treaties of Slovakia
- Treaties of Slovenia
- Treaties of the Solomon Islands
- Treaties of Somalia
- Treaties of South Africa
- Treaties of the Soviet Union
- Treaties of Spain
- Treaties of Sri Lanka
- Treaties of Suriname
- Treaties of Eswatini
- Treaties of Sweden
- Treaties of Switzerland
- Treaties of the United Arab Republic
- Treaties of Tajikistan
- Treaties of Tanzania
- Treaties of Togo
- Treaties of Trinidad and Tobago
- Treaties of Tunisia
- Treaties of Turkey
- Treaties of Turkmenistan
- Treaties of Uganda
- Treaties of the Ukrainian Soviet Socialist Republic
- Treaties of the United Kingdom
- Treaties of Uruguay
- Treaties of Uzbekistan
- Treaties of Vanuatu
- Treaties of Venezuela
- Treaties of Yemen
- Treaties of Yugoslavia
- Treaties of Zambia
- Treaties of Zimbabwe
- Treaties extended to Norfolk Island
- Treaties extended to Curaçao and Dependencies
- Treaties extended to the Faroe Islands
- Treaties extended to Greenland
- Treaties extended to the French Southern and Antarctic Lands
- Treaties extended to French Somaliland
- Treaties extended to French Guiana
- Treaties extended to French Polynesia
- Treaties extended to Guadeloupe
- Treaties extended to Martinique
- Treaties extended to Réunion
- Treaties extended to Saint Pierre and Miquelon
- Treaties extended to New Caledonia
- Treaties extended to the Colony of Aden
- Treaties extended to the West Indies Federation
- Treaties extended to the Colony of the Bahamas
- Treaties extended to British Honduras
- Treaties extended to Bermuda
- Treaties extended to the Bechuanaland Protectorate
- Treaties extended to the Colony of North Borneo
- Treaties extended to the British Virgin Islands
- Treaties extended to the Falkland Islands
- Treaties extended to the Colony of Fiji
- Treaties extended to the Gambia Colony and Protectorate
- Treaties extended to Gibraltar
- Treaties extended to Guernsey
- Treaties extended to British Guiana
- Treaties extended to Jersey
- Treaties extended to the Gilbert and Ellice Islands
- Treaties extended to Basutoland
- Treaties extended to the Federation of Rhodesia and Nyasaland
- Treaties extended to the Colony and Protectorate of Nigeria
- Treaties extended to Saint Helena, Ascension and Tristan da Cunha
- Treaties extended to the Colony of Sarawak
- Treaties extended to the Crown Colony of Seychelles
- Treaties extended to the Colony of Sierra Leone
- Treaties extended to Swaziland (protectorate)
- Treaties extended to the Uganda Protectorate
- Treaties extended to the Sultanate of Zanzibar
- Treaties extended to the Aden Protectorate
- 1948 in labor relations