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.
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.
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.
Ratifications
As of February 2024, 158 out of 187 ILO member states have ratified the convention:
Country Date3 June 195719 November 196213 June 20012 February 198318 January 19602 January 200628 February 197318 November 195019 May 199214 June 200122 June 19728 May 1967 (as the Byelorussian SSR)6 November 195623 November 195115 December 198312 December 19604 January 19652 June 199322 December 19978 June 195921 November 196025 June 199323 August 19997 June 196023 March 19721 February 199927 October 196010 November 19602 February 199916 November 197623 October 197810 November 196020 June 20012 June 196021 November 19608 October 199125 June 195224 May 19661 January 199313 June 19513 August 197828 February 19835 December 195616 June 200929 May 19676 November 19576 September 200613 August 200122 February 200022 March 19944 June 196317 April 200220 January 195028 June 195114 November 19604 September 20003 August 199920 March 19572 June 196530 March 196225 October 199413 February 195221 January 19599 June 202325 September 19675 June 197927 June 19566 June 195719 August 19509 June 19981 June 20184 June 195528 January 195713 May 195826 December 196214 June 196513 December 20003 February 200021 September 196131 March 199227 January 199231 October 196625 May 19624 October 200026 September 19943 March 195817 November 19911 November 196019 November 19904 January 201322 September 19604 January 196520 June 19611 April 20051 April 195012 August 19963 June 196923 December 19964 March 19553 January 19957 March 195031 October 196727 February 196117 October 19604 July 194914 February 19513 June 19582 June 200028 June 19622 March 196029 December 195325 February 195714 October 197720 April 202128 May 1957 (as the Soviet Union)10 August 19568 November 198825 August 200014 May 19809 November 200130 June 200819 December 198617 June 19924 November 1960 (as Serbia and Montenegro)24 November 20006 February 197815 June 19611 January 199329 May 199213 April 201222 March 201419 February 199620 April 197715 September 199517 March 202115 June 197626 April 197825 November 194925 March 197526 July 196026 November 199318 April 200015 June 20097 June 196024 May 196318 June 195712 July 199315 May 19972 June 2005 (as the Ukrainian SSR)14 September 195627 June 194918 March 195412 December 201628 August 200620 September 198229 August 19762 September 19969 April 2003
See also
International labour law Declaration on Fundamental Principles and Rights at Work UK labour law
References
External links Text of the Convention Ratifications