Annual Survey of violations of trade union rights 2010 - ITUC

Appendix I

ILO conventions on freedom of association and protection of the right to organise, 1948 (n° 87)

  • Article 1 Each Member of the International Labour Organisation for which this Convention is in force undertakes to give effect to the following provisions.
  • 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 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.
    2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.
  • Article 4 Workers’ and employers’ organisations shall not be liable to be dissolved or suspended by administrative authority.
  • Article 5 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.
  • Article 6 The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers’ and employers’ organisations.
  • Article 7 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.
  • Article 8
    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.
    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.
  • Article 9
    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.
    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.
  • Article 10 In this Convention the term organisation means any organisation of workers or of employers for furthering and defending the interests of workers or of employers.
  • Article 11 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.
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