Freedom of Association and Protection of the Right to Organise Convention

The Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) is an International Labour Organization (ILO) Convention. It is one of the eight core conventions forming the basis of international labour law, as referenced in the Declaration on Fundamental Principles and Rights at Work.

Content Overview

The Convention is structured as follows:

• Preamble
• Part I – Freedom of Association (Articles 1–10)
• Part II – Measures to Ensure Right to Organise (Article 11)
• Part III – Application to Non-Metropolitan Territories (Articles 12–13)
• Part IV – Final Provisions on Ratification (Articles 14–21)

Preamble

The preamble was adopted at the 31st Session of the ILO General Conference on 17 June 1948. It recalls:

• The preamble to the ILO Constitution
• The Declaration of Philadelphia
• The UN General Assembly's 1947 call for adopting conventions on labour rights

The Convention was officially adopted on 9 July 1948.

PART I. FREEDOM OF ASSOCIATION

Article 1

All ILO Members undertake to give effect to the provisions of this Convention.

Article 2

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.

Article 3

1. Workers’ and employers’ organisations may:

   • Draw up constitutions and rules
   • Elect representatives in full freedom
   • Organise administration and activities
   • Formulate programmes

2. Public authorities must not interfere with these rights.

Article 4

Such organisations shall not be dissolved or suspended by administrative authority.

Article 5

Organisations have the right to: - Establish and join federations and confederations - Affiliate with international organisations

Article 6

Articles 2–4 also apply to federations and confederations.

Article 7

Legal personality shall not be conditional in a way that restricts rights under Articles 2–4.

Article 8

1. Exercise of rights must respect national laws.
2. National laws must not impair Convention guarantees.

Article 9

1. Application to armed forces and police is determined by national law.
2. Ratification does not override existing rights for such forces.

Article 10

"Organisation" means any organisation of workers or employers for furthering and defending their interests.

PART II. MEASURES TO ENSURE RIGHT TO ORGANISE

Article 11

ILO Members shall take all necessary and appropriate measures to ensure the free exercise of the right to organise.

(Further elaborated in the Right to Organise and Collective Bargaining Convention, 1949)

PART III. NON-METROPOLITAN TERRITORIES

Articles 12–13

• Address how non-metropolitan territories (e.g. colonies or dependencies) may accept or modify Convention obligations
• Outline reporting procedures for such territories

PART IV. RATIFICATION AND FINAL PROVISIONS

• The Convention enters into force 12 months after ratification by two Members
  • Came into effect on 4 July 1950 (following ratifications by Sweden and Norway)
• Sets rules for:
  • Denunciation of the Convention (on a 10-year cycle)
  • Replacement procedures if a new Convention supersedes it

Ratifications

As of February 2024, 158 out of 187 ILO Member States have ratified the Convention.

See Also

• International labour law(#)
• Declaration on Fundamental Principles and Rights at Work(#)
• UK labour law(#)

References & External Links

• Full Text of the Convention(https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100INSTRUMENTID:312232)
• Ratification Status(https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300INSTRUMENTID:312232)