Freedom of Association and Protection of the Right to Organise Convention


The Freedom of Association and Protection of the Right to Organise Convention 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: 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, or reject the obligations of this Convention with regards to "non-metropolitan territory", 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 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 December 2016, 154 out of 187 ILO member states have ratified the convention:
CountryDate
June 3, 1957
November 19, 1962
June 13, 2001
February 2, 1983
January 18, 1960
January 2, 2006
February 28, 1973
November 18, 1950
May 19, 1992
June 14, 2001
June 22, 1972
May 8, 1967
November 6, 1956
November 23, 1951
December 15, 1983
December 12, 1960
January 4, 1965
June 2, 1993
December 22, 1997
June 8, 1959
November 21, 1960
June 25, 1993
August 23, 1999
June 7, 1960
March 23, 1972
February 1, 1999
October 27, 1960
November 10, 1960
February 2, 1999
November 16, 1976
October 23, 1978
November 10, 1960
June 20, 2001
June 2, 1960
November 21, 1960
October 8, 1991
June 25, 1952
May 24, 1966
January 1, 1993
June 13, 1951
August 3, 1978
February 28, 1983
December 5, 1956
June 16, 2009
May 29, 1967
November 6, 1957
September 6, 2006
August 13, 2001
February 22, 2000
March 22, 1994
June 4, 1963
April 17, 2002
January 20, 1950
June 28, 1951
November 14, 1960
September 4, 2000
August 3, 1999
March 20, 1957
June 2, 1965
March 30, 1962
October 25, 1994
February 13, 1952
January 21, 1959
September 25, 1967
June 5, 1979
June 27, 1956
June 6, 1957
August 19, 1950
June 9, 1998
June 4, 1955
January 28, 1957
May 13, 1958
December 26, 1962
June 14, 1965
December 13, 2000
February 3, 2000
September 21, 1961
March 31, 1992
January 27, 1992
October 31, 1966
May 25, 1962
October 4, 2000
September 26, 1994
March 3, 1958
November 17, 1991
November 1, 1960
November 19, 1990
January 4, 2013
September 22, 1960
January 4, 1965
June 20, 1961
April 1, 2005
April 1, 1950
August 12, 1996
June 3, 1969
December 23, 1996
March 4, 1955
January 3, 1995
March 7, 1950
October 31, 1967
February 27, 1961
October 17, 1960
July 4, 1949
February 14, 1951
June 3, 1958
June 2, 2000
June 28, 1962
March 2, 1960
December 29, 1953
February 25, 1957
October 14, 1977
May 28, 1957
August 10, 1956
November 8, 1988
August 25, 2000
May 14, 1980
November 9, 2001
June 30, 2008
December 19, 1986
June 17, 1992
November 4, 1960
November 24, 2000
February 6, 1978
June 15, 1961
January 1, 1993
May 29, 1992
April 13, 2012
March 22, 2014
February 19, 1996
April 20, 1977
September 15, 1995
June 15, 1976
April 26, 1978
November 25, 1949
March 25, 1975
July 26, 1960
November 26, 1993
April 18, 2000
June 15, 2009
June 7, 1960
May 24, 1963
June 18, 1957
July 12, 1993
May 15, 1997
June 2, 2005
September 14, 1956
June 27, 1949
March 18, 1954
December 12, 2016
August 28, 2006
September 20, 1982
August 29, 1976
September 2, 1996
April 9, 2003