Freedom of Association and Protection of the Right to Organise Convention explained

Freedom of Association Convention
Long Name:Convention concerning Freedom of Association and Protection of the Right to Organise
Date Signed:July 9, 1948
Location Signed:San Francisco
Date Effective:July 4, 1950
Condition Effective:two ratifications
Parties:158[1] [2]
Depositor: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

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 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.

Ratifications

As of February 2024, 158 out of 187 ILO member states have ratified the convention:[2] [4]

CountryDate
AlbaniaJune 3, 1957
AlgeriaNovember 19, 1962
AngolaJune 13, 2001
Antigua and BarbudaFebruary 2, 1983
ArgentinaJanuary 18, 1960
ArmeniaJanuary 2, 2006
AustraliaFebruary 28, 1973
AustriaNovember 18, 1950
AzerbaijanMay 19, 1992
BahamasJune 14, 2001
BangladeshJune 22, 1972
BarbadosMay 8, 1967
Belarus (as the Byelorussian SSR)November 6, 1956
BelgiumNovember 23, 1951
BelizeDecember 15, 1983
BeninDecember 12, 1960
January 4, 1965
Bosnia and HerzegovinaJune 2, 1993
BotswanaDecember 22, 1997
BulgariaJune 8, 1959
Burkina FasoNovember 21, 1960
BurundiJune 25, 1993
CambodiaAugust 23, 1999
CameroonJune 7, 1960
CanadaMarch 23, 1972
Cape VerdeFebruary 1, 1999
Central African RepublicOctober 27, 1960
ChadNovember 10, 1960
ChileFebruary 2, 1999
ColombiaNovember 16, 1976
ComorosOctober 23, 1978
CongoNovember 10, 1960
June 20, 2001
Costa RicaJune 2, 1960
Cote d'IvoireNovember 21, 1960
CroatiaOctober 8, 1991
CubaJune 25, 1952
CyprusMay 24, 1966
Czech RepublicJanuary 1, 1993
DenmarkJune 13, 1951
DjiboutiAugust 3, 1978
DominicaFebruary 28, 1983
Dominican RepublicDecember 5, 1956
June 16, 2009
EcuadorMay 29, 1967
EgyptNovember 6, 1957
El SalvadorSeptember 6, 2006
Equatorial GuineaAugust 13, 2001
EritreaFebruary 22, 2000
EstoniaMarch 22, 1994
EthiopiaJune 4, 1963
FijiApril 17, 2002
FinlandJanuary 20, 1950
FranceJune 28, 1951
GabonNovember 14, 1960
GambiaSeptember 4, 2000
GeorgiaAugust 3, 1999
GermanyMarch 20, 1957
GhanaJune 2, 1965
GreeceMarch 30, 1962
GrenadaOctober 25, 1994
GuatemalaFebruary 13, 1952
GuineaJanuary 21, 1959
Guinea-BissauJune 9, 2023
GuyanaSeptember 25, 1967
HaitiJune 5, 1979
HondurasJune 27, 1956
HungaryJune 6, 1957
IcelandAugust 19, 1950
IndonesiaJune 9, 1998
IraqJune 1, 2018
IrelandJune 4, 1955
IsraelJanuary 28, 1957
ItalyMay 13, 1958
JamaicaDecember 26, 1962
JapanJune 14, 1965
KazakhstanDecember 13, 2000
KiribatiFebruary 3, 2000
KuwaitSeptember 21, 1961
KyrgyzstanMarch 31, 1992
LatviaJanuary 27, 1992
LesothoOctober 31, 1966
LiberiaMay 25, 1962
LibyaOctober 4, 2000
LithuaniaSeptember 26, 1994
LuxembourgMarch 3, 1958
November 17, 1991
MadagascarNovember 1, 1960
MalawiNovember 19, 1990
MaldivesJanuary 4, 2013
MaliSeptember 22, 1960
MaltaJanuary 4, 1965
MauritaniaJune 20, 1961
MauritiusApril 1, 2005
MexicoApril 1, 1950
August 12, 1996
MongoliaJune 3, 1969
MozambiqueDecember 23, 1996
MyanmarMarch 4, 1955
NamibiaJanuary 3, 1995
NetherlandsMarch 7, 1950
NicaraguaOctober 31, 1967
NigerFebruary 27, 1961
NigeriaOctober 17, 1960
NorwayJuly 4, 1949
PakistanFebruary 14, 1951
PanamaJune 3, 1958
Papua New GuineaJune 2, 2000
ParaguayJune 28, 1962
PeruMarch 2, 1960
PhilippinesDecember 29, 1953
PolandFebruary 25, 1957
PortugalOctober 14, 1977
April 20, 2021
RomaniaMay 28, 1957
(as the Soviet Union)August 10, 1956
RwandaNovember 8, 1988
Saint Kitts and NevisAugust 25, 2000
Saint LuciaMay 14, 1980
Saint Vincent and the GrenadinesNovember 9, 2001
SamoaJune 30, 2008
San MarinoDecember 19, 1986
June 17, 1992
SenegalNovember 4, 1960
Serbia (as Serbia and Montenegro)November 24, 2000
SeychellesFebruary 6, 1978
Sierra LeoneJune 15, 1961
SlovakiaJanuary 1, 1993
SloveniaMay 29, 1992
Solomon IslandsApril 13, 2012
SomaliaMarch 22, 2014
South AfricaFebruary 19, 1996
SpainApril 20, 1977
Sri LankaSeptember 15, 1995
SudanMarch 17, 2021
SurinameJune 15, 1976
SwazilandApril 26, 1978
SwedenNovember 25, 1949
SwitzerlandMarch 25, 1975
July 26, 1960
TajikistanNovember 26, 1993
April 18, 2000
June 15, 2009
TogoJune 7, 1960
Trinidad and TobagoMay 24, 1963
TunisiaJune 18, 1957
TurkeyJuly 12, 1993
TurkmenistanMay 15, 1997
UgandaJune 2, 2005
Ukraine (as the Ukrainian SSR)September 14, 1956
United KingdomJune 27, 1949
UruguayMarch 18, 1954
UzbekistanDecember 12, 2016
VanuatuAugust 28, 2006
September 20, 1982
YemenAugust 29, 1976
ZambiaSeptember 2, 1996
ZimbabweApril 9, 2003

See also

External links

Notes and References

  1. https://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::NO:11300:P11300_INSTRUMENT_ID:312232 Ratifications of C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
  2. News: SOMALIA: PM signs three core International Labour Organization conventions. March 22, 2014. Raxanreeb. March 22, 2014. dead. https://web.archive.org/web/20140322182214/http://www.raxanreeb.com/2014/03/somalia-pm-signs-three-core-international-labour-organization-conventions/. March 22, 2014.
  3. Web site: Conventions and ratifications. International Labour Organization. May 27, 2011.
  4. Web site: Ratifications of Convention 87. https://web.archive.org/web/20030225161212/http://www.ilo.org/ilolex/cgi-lex/ratifce.pl?C087. dead. 2003-02-25. International Labour Organisation.

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