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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
Signed9 July 1948
LocationSan Francisco
Effective4 July 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]

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 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: 9 July 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 4 July 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

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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]

Country Date
 Albania 3 June 1957
 Algeria 19 November 1962
 Angola 13 June 2001
 Antigua and Barbuda 2 February 1983
 Argentina 18 January 1960
 Armenia 2 January 2006
 Australia 28 February 1973
 Austria 18 November 1950
 Azerbaijan 19 May 1992
 Bahamas 14 June 2001
 Bangladesh 22 June 1972
 Barbados 8 May 1967
 Belarus (as the Byelorussian SSR) 6 November 1956
 Belgium 23 November 1951
 Belize 15 December 1983
 Benin 12 December 1960
 Bolivia 4 January 1965
 Bosnia and Herzegovina 2 June 1993
 Botswana 22 December 1997
 Bulgaria 8 June 1959
 Burkina Faso 21 November 1960
 Burundi 25 June 1993
 Cambodia 23 August 1999
 Cameroon 7 June 1960
 Canada 23 March 1972
 Cape Verde 1 February 1999
 Central African Republic 27 October 1960
 Chad 10 November 1960
 Chile 2 February 1999
 Colombia 16 November 1976
 Comoros 23 October 1978
 Congo 10 November 1960
 Democratic Republic of the Congo 20 June 2001
 Costa Rica 2 June 1960
 Côte d'Ivoire 21 November 1960
 Croatia 8 October 1991
 Cuba 25 June 1952
 Cyprus 24 May 1966
 Czech Republic 1 January 1993
 Denmark 13 June 1951
 Djibouti 3 August 1978
 Dominica 28 February 1983
 Dominican Republic 5 December 1956
 East Timor 16 June 2009
 Ecuador 29 May 1967
 Egypt 6 November 1957
 El Salvador 6 September 2006
 Equatorial Guinea 13 August 2001
 Eritrea 22 February 2000
 Estonia 22 March 1994
 Ethiopia 4 June 1963
 Fiji 17 April 2002
 Finland 20 January 1950
 France 28 June 1951
 Gabon 14 November 1960
 Gambia 4 September 2000
 Georgia 3 August 1999
 Germany 20 March 1957
 Ghana 2 June 1965
 Greece 30 March 1962
 Grenada 25 October 1994
 Guatemala 13 February 1952
 Guinea 21 January 1959
 Guinea-Bissau 9 June 2023
 Guyana 25 September 1967
 Haiti 5 June 1979
 Honduras 27 June 1956
 Hungary 6 June 1957
 Iceland 19 August 1950
 Indonesia 9 June 1998
 Iraq 1 June 2018
 Ireland 4 June 1955
 Israel 28 January 1957
 Italy 13 May 1958
 Jamaica 26 December 1962
 Japan 14 June 1965
 Kazakhstan 13 December 2000
 Kiribati 3 February 2000
 Kuwait 21 September 1961
 Kyrgyzstan 31 March 1992
 Latvia 27 January 1992
 Lesotho 31 October 1966
 Liberia 25 May 1962
 Libya 4 October 2000
 Lithuania 26 September 1994
 Luxembourg 3 March 1958
 North Macedonia 17 November 1991
 Madagascar 1 November 1960
 Malawi 19 November 1990
 Maldives 4 January 2013
 Mali 22 September 1960
 Malta 4 January 1965
 Mauritania 20 June 1961
 Mauritius 1 April 2005
 Mexico 1 April 1950
 Moldova 12 August 1996
 Mongolia 3 June 1969
 Mozambique 23 December 1996
 Myanmar 4 March 1955
 Namibia 3 January 1995
 Netherlands 7 March 1950
 Nicaragua 31 October 1967
 Niger 27 February 1961
 Nigeria 17 October 1960
 Norway 4 July 1949
 Pakistan 14 February 1951
 Panama 3 June 1958
 Papua New Guinea 2 June 2000
 Paraguay 28 June 1962
 Peru 2 March 1960
 Philippines 29 December 1953
 Poland 25 February 1957
 Portugal 14 October 1977
 South Korea 20 April 2021
 Romania 28 May 1957
 Russia (as the Soviet Union) 10 August 1956
 Rwanda 8 November 1988
 Saint Kitts and Nevis 25 August 2000
 Saint Lucia 14 May 1980
 Saint Vincent and the Grenadines 9 November 2001
 Samoa 30 June 2008
 San Marino 19 December 1986
 São Tomé and Príncipe 17 June 1992
 Senegal 4 November 1960
 Serbia (as Serbia and Montenegro) 24 November 2000
 Seychelles 6 February 1978
 Sierra Leone 15 June 1961
 Slovakia 1 January 1993
 Slovenia 29 May 1992
 Solomon Islands 13 April 2012
 Somalia 22 March 2014
 South Africa 19 February 1996
 Spain 20 April 1977
 Sri Lanka 15 September 1995
 Sudan 17 March 2021
 Suriname 15 June 1976
 Swaziland 26 April 1978
 Sweden 25 November 1949
  Switzerland 25 March 1975
 Syria 26 July 1960
 Tajikistan 26 November 1993
 Tanzania 18 April 2000
 Timor Leste 15 June 2009
 Togo 7 June 1960
 Trinidad and Tobago 24 May 1963
 Tunisia 18 June 1957
 Turkey 12 July 1993
 Turkmenistan 15 May 1997
 Uganda 2 June 2005
 Ukraine (as the Ukrainian SSR) 14 September 1956
 United Kingdom 27 June 1949
 Uruguay 18 March 1954
 Uzbekistan 12 December 2016
 Vanuatu 28 August 2006
 Venezuela 20 September 1982
 Yemen 29 August 1976
 Zambia 2 September 1996
 Zimbabwe 9 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. ^ 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.
  3. ^ "Conventions and ratifications". International Labour Organization. 27 May 2011.
  4. ^ a b Resource: International Labour Organization, ILO
  5. ^ "Ratifications of Convention 87". International Labour Organisation. Archived from the original on 25 February 2003.
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