- Freedom of Association and Protection of the Right to Organise Convention, 1948
Infobox ILO convention
name= Freedom of Association and Protection of the Right to Organise Convention, 1948
July 9, 1948
July 4, 1950
classify= Freedom of Association
Collective Bargaining and Agreements
subject= Freedom of Association, Collective Bargaining, and Industrial Relations
Contracts of Employment (Indigenous Workers) Convention, 1947 (shelved)
Employment Service Convention, 1948
Freedom of Association and Protection of the Right to Organise Convention, 1948 is an
International Labour OrganizationConvention.
It was established in 1948, with the preamble stating:
Having decided to adopt, in the form of a Convention, certain proposals concerning freedom of association and protection of the right to organise,...ref|ILO
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 Philadelphiain 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 pramble states the date of adoption - July 9, 1948.
Part I. Freedom of Association
Part one 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.
Part II. Protection of the right to organize
Part two consists of exactly one sentence. “Each Member of the International Labour Organisation for which this Convention is in force undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organise.” This sentence is in turn expanded upon in the following year, when the ILO enacted Convention #98 – the
Right to Organise and Collective Bargaining Convention, 1949.
Part III. Miscellaneous provisions
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 IV. Final Provisions
Part 4 outlines the procedures for formal
ratificationof 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.
# - ILO [http://www.ilo.org/ilolex/english/convdisp1.htm Convention C87]
* [http://www.ilo.org/ www.ilo.org/] official ILO site.
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