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The Freedom of Association and Protection of the Right to Organise Convention (1948
No 87
is an
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...
Convention, and one of eight conventions that form the core of
international labour law International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating Work (human activity) and the workplace. The Inte ...
, as interpreted by the
Declaration on Fundamental Principles and Rights at Work The Declaration on Fundamental Principles and Rights at Work was adopted in 1998, at the 86th International Labour Conference. It is a statement made by the International Labour Organization "that all Members, even if they have not ratified the C ...
.


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 The Declaration of Philadelphia (10 May 1944) restated the traditional objectives of the International Labour Organization (ILO) and then branched out in two new directions: the centrality of human rights to social policy, and the need for intern ...
in regard to the issue; and the request by the General Assembly of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
, 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 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 The Right to Organise and Collective Bargaining Convention (1949No 98is an International Labour Organization Convention. It is one of eight ILO fundamental conventions. Its counterpart on the general principle of freedom of association is th ...
. 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 es, 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 Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inte ...
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 Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and the ...
(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

As of October 2020, 155 out of 187 ILO member states have ratified the convention:


See also

*
International labour law International labour law is the body of rules spanning public and private international law which concern the rights and duties of employees, employers, trade unions and governments in regulating Work (human activity) and the workplace. The Inte ...
*
Declaration on Fundamental Principles and Rights at Work The Declaration on Fundamental Principles and Rights at Work was adopted in 1998, at the 86th International Labour Conference. It is a statement made by the International Labour Organization "that all Members, even if they have not ratified the C ...
*
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...


References


External links


ratifications

Text of the Convention
{{Webarchive, url=https://web.archive.org/web/20100706212430/http://www.worldinbalance.net/intagreements/1948-ilo-freedomofassociation.php , date=6 July 2010 at the Center for a World in Balance 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