Freedom of Association and Protection of the Right to Organise Convention
From Kazakhstan Encyclopedia
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: 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.[2]
Ratifications
As of December 2016, 154 out of 187 ILO member states have ratified the convention:[3][4]
| Country | Date |
|---|---|
| Template:Flag | June 3, 1957 |
| Template:Flag | November 19, 1962 |
| Template:Flag | June 13, 2001 |
| Template:Flag | February 2, 1983 |
| Template:Flag | January 18, 1960 |
| Template:Flag | January 2, 2006 |
| Template:Flag | February 28, 1973 |
| Template:Flag | November 18, 1950 |
| Template:Flag | May 19, 1992 |
| Template:Flag | June 14, 2001 |
| Template:Flag | June 22, 1972 |
| Template:Flag | May 8, 1967 |
| Template:Flag (as the Byelorussian SSR) | November 6, 1956 |
| Template:Flag | November 23, 1951 |
| Template:Flag | December 15, 1983 |
| Template:Flag | December 12, 1960 |
| Template:Flag | January 4, 1965 |
| Template:Flag | June 2, 1993 |
| Template:Flag | December 22, 1997 |
| Template:Flag | June 8, 1959 |
| Template:Flag | November 21, 1960 |
| Template:Flag | June 25, 1993 |
| Template:Flag | August 23, 1999 |
| Template:Flag | June 7, 1960 |
| Template:Flag | March 23, 1972 |
| Template:Flag | February 1, 1999 |
| Template:Flag | October 27, 1960 |
| Template:Flag | November 10, 1960 |
| Template:Flag | February 2, 1999 |
| Template:Flag | November 16, 1976 |
| Template:Flag | October 23, 1978 |
| Template:Flag | November 10, 1960 |
| Template:Flag | June 20, 2001 |
| Template:Flag | June 2, 1960 |
| Template:Flag | November 21, 1960 |
| Template:Flag | October 8, 1991 |
| Template:Flag | June 25, 1952 |
| Template:Flag | May 24, 1966 |
| Template:Flag | January 1, 1993 |
| Template:Flag | June 13, 1951 |
| Template:Flag | August 3, 1978 |
| Template:Flag | February 28, 1983 |
| Template:Flag | December 5, 1956 |
| Template:Flag | June 16, 2009 |
| Template:Flag | May 29, 1967 |
| Template:Flag | November 6, 1957 |
| Template:Flag | September 6, 2006 |
| Template:Flag | August 13, 2001 |
| Template:Flag | February 22, 2000 |
| Template:Flag | March 22, 1994 |
| Template:Flag | June 4, 1963 |
| Template:Flag | April 17, 2002 |
| Template:Flag | January 20, 1950 |
| Template:Flag | June 28, 1951 |
| Template:Flag | November 14, 1960 |
| Template:Flag | September 4, 2000 |
| Template:Flag | August 3, 1999 |
| Template:Flag | March 20, 1957 |
| Template:Flag | June 2, 1965 |
| Template:Flag | March 30, 1962 |
| Template:Flag | October 25, 1994 |
| Template:Flag | February 13, 1952 |
| Template:Flag | January 21, 1959 |
| Template:Flag | September 25, 1967 |
| Template:Flag | June 5, 1979 |
| Template:Flag | June 27, 1956 |
| Template:Flag | June 6, 1957 |
| Template:Flag | August 19, 1950 |
| Template:Flag | June 9, 1998 |
| Template:Flag | June 4, 1955 |
| Template:Flag | January 28, 1957 |
| Template:Flag | May 13, 1958 |
| Template:Flag | December 26, 1962 |
| Template:Flag | June 14, 1965 |
| Template:Flag | December 13, 2000 |
| Template:Flag | February 3, 2000 |
| Template:Flag | September 21, 1961 |
| Template:Flag | March 31, 1992 |
| Template:Flag | January 27, 1992 |
| Template:Flag | October 31, 1966 |
| Template:Flag | May 25, 1962 |
| Template:Flag | October 4, 2000 |
| Template:Flag | September 26, 1994 |
| Template:Flag | March 3, 1958 |
| Template:Flag | November 17, 1991 |
| Template:Flag | November 1, 1960 |
| Template:Flag | November 19, 1990 |
| Template:Flag | January 4, 2013 |
| Template:Flag | September 22, 1960 |
| Template:Flag | January 4, 1965 |
| Template:Flag | June 20, 1961 |
| Template:Flag | April 1, 2005 |
| Template:Flag | April 1, 1950 |
| Template:Flag | August 12, 1996 |
| Template:Flag | June 3, 1969 |
| Template:Flag | December 23, 1996 |
| Template:Flag | March 4, 1955 |
| Template:Flag | January 3, 1995 |
| Template:Flag | March 7, 1950 |
| Template:Flag | October 31, 1967 |
| Template:Flag | February 27, 1961 |
| Template:Flag | October 17, 1960 |
| Template:Flag | July 4, 1949 |
| Template:Flag | February 14, 1951 |
| Template:Flag | June 3, 1958 |
| Template:Flag | June 2, 2000 |
| Template:Flag | June 28, 1962 |
| Template:Flag | March 2, 1960 |
| Template:Flag | December 29, 1953 |
| Template:Flag | February 25, 1957 |
| Template:Flag | October 14, 1977 |
| Template:Flag | May 28, 1957 |
| Template:Flag (as the Soviet Union) | August 10, 1956 |
| Template:Flag | November 8, 1988 |
| Template:Flag | August 25, 2000 |
| Template:Flag | May 14, 1980 |
| Template:Flag | November 9, 2001 |
| Template:Flag | June 30, 2008 |
| Template:Flag | December 19, 1986 |
| Template:Flag | June 17, 1992 |
| Template:Flag | November 4, 1960 |
| Template:Flag (as Serbia and Montenegro) | November 24, 2000 |
| Template:Flag | February 6, 1978 |
| Template:Flag | June 15, 1961 |
| Template:Flag | January 1, 1993 |
| Template:Flag | May 29, 1992 |
| Template:Flag | April 13, 2012 |
| Template:Flag | March 22, 2014 |
| Template:Flag | February 19, 1996 |
| Template:Flag | April 20, 1977 |
| Template:Flag | September 15, 1995 |
| Template:Flag | June 15, 1976 |
| Template:Flag | April 26, 1978 |
| Template:Flag | November 25, 1949 |
| Template:Flag | March 25, 1975 |
| Template:Flag | July 26, 1960 |
| Template:Flag | November 26, 1993 |
| Template:Flag | April 18, 2000 |
| Template:Flag | June 15, 2009 |
| Template:Flag | June 7, 1960 |
| Template:Flag | May 24, 1963 |
| Template:Flag | June 18, 1957 |
| Template:Flag | July 12, 1993 |
| Template:Flag | May 15, 1997 |
| Template:Flag | June 2, 2005 |
| Template:Flag (as the Ukrainian SSR) | September 14, 1956 |
| Template:Flag | June 27, 1949 |
| Template:Flag | March 18, 1954 |
| Template:Flag | December 12, 2016 |
| Template:Flag | August 28, 2006 |
| Template:Flag | September 20, 1982 |
| Template:Flag | August 29, 1976 |
| Template:Flag | September 2, 1996 |
| Template:Flag | April 9, 2003 |
See also
Notes
External links
- ratifications
- Text of the Convention at the Center for a World in Balance
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