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ILO Convention
C87
Freedom of Association and Protection of the Right to Organise Convention, 1948
Date of adoption July 9, 1948
Date in force July 4, 1950
Classification Freedom of Association
Collective Bargaining and Agreements
Subject Freedom of Association, Collective Bargaining, and Industrial Relations
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Contracts of Employment (Indigenous Workers) Convention, 1947 (shelved) Employment Service Convention, 1948

Freedom of Association and Protection of the Right to Organise Convention, 1948 is an International Labour Organization Convention.

It was established in 1948, with the preamble stating:

Having decided to adopt, in the form of a Convention, certain proposals concerning freedom of association and protection of the right to organise,...[1]

Contents

The Document

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.

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Preamble

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 pramble states the date of adoption - July 9, 1948.

Part I. Freedom of Association

Part one 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.

Part II. Protection of the right to organize

Part two consists of exactly one sentence. “Each Member of the International Labour Organisation for which this Convention is in force undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organise.” This sentence is in turn expanded upon in the following year, when the ILO enacted Convention #98 – the Right to Organise and Collective Bargaining Convention, 1949.

Part III. Miscellaneous provisions

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 IV. Final Provisions

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.


Ratifications

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


References

  1. ^  - ILO Convention C87

External links


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