Freedom of Association and Protection of the Right to Organise Convention

From Wikipedia, the free encyclopedia
Jump to navigation Jump to search

Template:Short description Template:Use dmy dates Script error: No such module "Infobox".Template:Template otherScript error: No such module "Check for unknown parameters".

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.[1]

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: 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.

<templatestyles src="Template:Blockquote/styles.css" />

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.[2]

Script error: No such module "Check for unknown parameters".

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.[2]

Ratifications

File: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:[3][4]

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

See also

Script error: No such module "Portal".

References

Template:Reflist

External links

  1. ↑ Script error: No such module "citation/CS1".
  2. ↑ a b Resource: International Labour Organization, ILO
  3. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Rspstciloc
  4. ↑ Script error: No such module "citation/CS1".
Retrieved from "http://debianws.lexgopc.com/wiki143/index.php?title=Freedom_of_Association_and_Protection_of_the_Right_to_Organise_Convention&oldid=2547052"