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C87 Freedom of Association and Protection of the Right to Organise Convention,
1948 
</font></h3><font size=-2>
Convention concerning Freedom of Association and Protection of the Right to
Organise 
(Note: Date of coming into force: 04:07:1950.) 
<br>Convention:C087 
<br>Place:(San Francisco) 
<br>Session of the Conference:31 
<br>
        Date of adoption:09:07:1948 <br> 
</FONT><p> 
<p>
The General Conference of the International Labour Organisation,<p>
<p>
Having been convened at San Francisco by the Governing Body of the 
International Labour Office, and having met in its Thirty-first Session on 17 
June 1948;<p>
<p>
Having decided to adopt, in the form of a Convention, certain proposals 
concerning freedom of association and protection of the right to organise, 
which is the seventh item on the agenda of the session;<p>
<p>
Considering that the Preamble to the Constitution of the International Labour 
Organisation declares recognition of the principle of freedom of association 
to be a means of improving conditions of labour and of establishing peace;<p>
<p>
Considering that the Declaration of Philadelphia reaffirms that freedom of 
expression and of association are essential to sustained progress;<p>
<p>
Considering that the International Labour Conference, at its Thirtieth 
Session, unanimously adopted the principles which should form the basis for 
international regulation;<p>
<p>
Considering that the General Assembly of the United Nations, at its Second 
Session, endorsed these principles and requested the International Labour 
Organisation to continue every effort in order that it may be possible to 
adopt one or several international Conventions;<p>
<p>
adopts the ninth day of July of the year one thousand nine hundred and 
forty-eight, the following Convention, which may be cited as the Freedom of 
Association and Protection of the Right to Organise Convention, 1948:<p>
<p>
<p> 
<p>
Part I. Freedom of Association<p>
<p>
Article 1<p>
Each Member of the International Labour Organisation for which this Convention 
is in force undertakes to give effect to the following provisions.<p>
<p>
Article 2<p>
Workers and employers, without distinction whatsoever, shall have the right to 
establish and, subject only to the rules of the organisation concerned, to 
join organisations of their own choosing without previous authorisation.<p>
<p>
Article 3<p>
1. Workers' and employers' organisations shall have the right to draw up their 
constitutions and rules, to elect their representatives in full freedom,  to 
organise their administration and activities and to formulate their 
programmes.<p>
<p>
2. The public authorities shall refrain from any interference which would 
restrict this right or impede the lawful exercise thereof.<p>
<p>
Article 4<p>
Workers' and employers' organisations shall not be liable to be dissolved or 
suspended by administrative authority.<p>
<p>
Article 5<p>
Workers' and employers' organisations shall have the right to establish and 
join federations and confederations and any such organisation, federation or 
confederation shall have the right to affiliate with international 
organisations of workers and employers.<p>
<p>
Article 6<p>
The provisions of Articles 2, 3 and 4 hereof apply to federations and 
confederations of workers' and employers' organisations.<p>
<p>
Article 7<p>
The acquisition of legal personality by workers' and employers' organisations, 
federations and confederations shall not be made subject to conditions of such 
a character as to restrict the application of the provisions of Articles 2, 3 
and 4 hereof.<p>
<p>
Article 8<p>
1. In exercising the rights provided for in this Convention workers and 
employers and their respective organisations, like other persons or organised 
collectivities, shall respect the law of the land.<p>
<p>
2. 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.<p>
<p>
Article 9<p>
1. The extent to which the guarantees provided for in this Convention shall 
apply to the armed forces and the police shall be determined by national laws 
or regulations.<p>
<p>
2. In accordance with the principle set forth in paragraph 8 of article 19 of 
the Constitution of the International Labour Organisation the ratification of 
this Convention by any Member shall not be deemed to affect any existing law, 
award, custom or agreement in virtue of which members of the armed forces or 
the police enjoy any right guaranteed by this Convention.<p>
<p>
Article 10<p>
In this Convention the term <i>  organisation  </i> means any organisation of 
workers or of employers for furthering and defending the interests of workers 
or of employers.<p>
<p>
Part II. Protection of the Right to Organise<p>
<p>
Article 11<p>
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.<p>
<p>
Part III. Miscellaneous Provisions<p>
<p>
Article 12<p>
1.In respect of the territories referred to in article 35 of the Constitution 
of the International Labour Organisation as amended by the Constitution of the 
International Labour Organisation Instrument of Amendment 1946, other than the 
territories referred to in paragraphs 4 and 5 of the said article as so 
amended, each Member of the Organisation which ratifies this Convention shall 
communicate to the Director-General of the International Labour Office as soon 
as possible after ratification a declaration stating:<p>
 a) the territories in respect of which it undertakes that the provisions of 
the Convention shall be applied without modification;<p>
 b) the territories in respect of which it undertakes that the provisions of 
the Convention shall be applied subject to modifications, together with 
details of the said modifications;<p>
 c) the territories in respect of which the Convention is inapplicable and in 
such cases the grounds on which it is inapplicable;<p>
 d) the territories in respect of which it reserves its decision.<p>
<p>
2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of 
this Article shall be deemed to be an integral part of the ratification and 
shall have the force of ratification.<p>
<p>
3. Any Member may at any time by a subsequent declaration cancel in whole or 
in part any reservations made in its original declaration in virtue of 
subparagraphs (b), (c) or (d) of paragraph 1 of this Article.<p>
<p>
4. Any Member may, at any time at which the Convention is subject to 
denunciation in accordance with the provisions of Article 16, communicate to 
the Director-General a declaration modifying in any other respect the terms of 
any former declaration and stating the present position in respect of such 
territories as it may specify.<p>
<p>
Article 13<p>
1. Where the subject matter of this Convention is within the self-governing 
powers of any non-metropolitan territory, the Member responsible for the 
international relations of that territory may, in agreement with the 
Government of the territory, communicate to the Director-General of the 
International Labour Office a declaration accepting on behalf of the territory 
the obligations of this Convention.<p>
<p>
2. A declaration accepting the obligations of this Convention may be 
communicated to the Director-General of the International Labour Office:<p>
 a) by two or more Members of the Organisation in respect of any territory 
which is under their joint authority; or<p>
 b) by any international authority responsible for the administration of any 
territory, in virtue of the Charter of the  United Nations or otherwise, in 
respect of any such territory.<p>
<p>
3. Declarations communicated to the Director-General of the International 
Labour Office in accordance with the preceding paragraphs of this Article 
shall indicate whether the provisions of the Convention will be applied in the 
territory concerned without modifications or subject to modification; when the 
declaration indicates that the provisions of the Convention will be applied 
subject to modifications it shall give details of the said modifications.<p>
<p>
4. The Member, Members or international authority concerned may at any time by 
a subsequent declaration renounce in whole or in part the right to have 
recourse to any modification indicated in any former declaration.<p>
<p>
5. The Member, Members or international authority concerned may, at any time 
at which this Convention is subject to denunciation in accordance with the 
provisions of Article 16, communicate to the Director-General a declaration 
modifying in any other respect the terms of any former declaration and stating 
the present position in respect of the application of the Convention.<p>
<p>
  
<p>
Part IV. Final Provisions<p>
Article 14<p>
   The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 15<p>
   1. This Convention shall be binding only upon those Members of the 
International Labour Organisation whose ratifications have been registered 
with the Director-General.<p>
<p>
   2. It shall come into force twelve months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
   3. Thereafter, this Convention shall come into force for any Member twelve 
months after the date on which its ratifications has been registered.<p>
<p>
Article 16<p>
   1. A Member which has ratified this Convention may denounce it after the 
expiration of ten years from the date on which the Convention first comes into 
force, by an Act communicated to the Director-General of the International 
Labour Office for registration. Such denunciation should not take effect until 
one year after the date on which it is registered.<p>
<p>
   2. Each Member which has ratified this Convention and which does not, 
within the year following the expiration of the period of ten years mentioned 
in the preceding paragraph, exercise the right of denunciation provided for in 
this Article, will be bound for another period of ten years and, thereafter, 
may denounce this Convention at the expiration of each period of ten years 
under the terms provided for in this Article.<p>
<p>
Article 17<p>
   1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organisation of the registration of all 
ratifications, declarations and denunciations communicated to him by the 
Members of the Organisation.<p>
<p>
   2. When notifying the Members of the Organisation of the registration of 
the second ratification communicated to him, the Director-General shall draw 
the attention of the Members of the Organisation to the date upon which the 
Convention will come into force.<p>
<p>
Article 18<p>
   The Director-General of the International Labour Office shall communicate 
to the Secretary-General of the United Nations for registration in accordance 
with Article 102 of the Charter of the United Nations full particulars of all 
ratifications and acts of denunciation registered by him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 19<p>
   At the expiration of each period of ten years after the coming into force 
of this Convention, the Governing Body of the International Labour Office 
shall present to the General Conference a report on the working of this 
Convention and shall examine the desirability of placing on the agenda of the 
Conference the question of its revision in whole or in part.<p>
<p>
Article 20<p>
   1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides:<p>
<p>
a) the ratification by a Member of the new revising Convention shall ipso jure 
involve the immediate denunciation of this Convention, notwithstanding the 
provisions of Article 16 above, if and when the new revising Convention shall 
have come into force;<p>
<p>
b) as from the date when the new revising Convention comes into force this 
Convention shall cease to be open to ratification by the Members.<p>
   2. This Convention shall in any case remain in force in its actual form and 
content for those Members which have ratified it but have not ratified the 
revising Convention.<p>
<p>
Article 21<p>
   The English and French versions of the text of this Convention are equally 
authoritative.
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