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INTERNATIONAL LABOR ORGANIZATION CONVENTION

of July 9, 1948 No. 87

Concerning freedom of associations and protection of the right to the organization

General Conference of the International Labour Organization,

Called in San Francisco by Administrative Board of the International Labor Office and gathered there on June 17, 1948 for the thirty first session,

Having decided to accept in the form of the convention various offers concerning freedom of associations and protection of the right to the organization, - the seventh item on the agenda of session,

In view of that the Preamble of the Charter of the International Labour Organization proclaims among the means capable to improve working conditions and to ensure the peace, "approval of liberty principle of associations",

In view of that the Philadelphian Declaration proclaimed again that "the freedom of expression and freedom of association are necessary conditions of permanent progress",

In view of that the International Labour conference unanimously adopted the principles which shall be the basis for the international regulation at the thirtieth session,

In view of that the General Assembly of the United Nations at the second session joined these principles and asked the International Labour Organization to continue to make all efforts for the purpose of adoption of one or several international conventions,

Accepts this July of the ninth day one thousand nine hundred forty eighth the following Convention which will hereinafter be referred to as as the Convention concerning freedom of associations and protection of the right to the organization, 1948.

Part I. Freedom of associations

Article 1

Each member of the International Labour Organization concerning whom this Convention became effective shall put into practice the following resolutions.

Article 2

Workers and entrepreneurs, without any distinction, have the right to create at the choice the organizations without preliminary permission on that, and also the right to enter such organizations on the only condition of subordination to charters of these last.

Article 3

1. The organizations of workers and entrepreneurs have the right to develop the charters and administrative regulations, to freely elect the representatives, to organize the device and the activities and to formulate the action program.

2. The governments shall abstain from any intervention capable to limit this right or to prevent its legal implementation.

Article 4

The organizations of workers and entrepreneurs are not subject to dissolution or temporary prohibition administratively.

Article 5

The organizations of workers and entrepreneurs have the right to create federations and confederations, and also the right to join them, and each such organization, federation or confederation has the right to enter the international organizations of workers and entrepreneurs.

Article 6

Resolutions of Articles 2, 3 and 4 are applied to federations and confederations by the organization of workers and entrepreneurs.

Article 7

Acquisition of rights of the legal entity by the organizations of workers and entrepreneurs, their federations and confederations cannot be subordinated to the conditions capable to prevent application of resolutions of Articles 2, 3 and 4.

Article 8

1. When implementing the rights recognized behind them this Convention, workers, entrepreneurs and their corresponding organizations shall as well as other persons or organized collectives to observe legality.

2. The national legal system shall not mention the guarantees provided by this Convention and shall be applied so that not to break them.

Article 9

1. The national laws or rules shall determine in what measure of guarantee, provided by this Convention, will be applied to armed forces and police.

2. According to the principles stated in Item 8 of article 19 of the Charter of the International Labour Organization ratification of this Convention any organization member shall not be considered as mentioning the existing laws, decisions of judicial authorities, customs or agreements which provide to members of armed forces and police of guarantee provided by this Convention.

Article 10

In this Convention the term "organization" means any organization of workers or entrepreneurs aiming at providing and protection of interests of workers or entrepreneurs.

Part II. Protection of the right to the organization

Article 11

Each member of the International Labour Organization concerning whom this Convention became effective shall take all necessary and adequate measures with the purpose to guarantee to workers and entrepreneurs free implementation of the right to the organization.

Part III. Various resolutions

Article 12

1. Concerning the territories mentioned in article 35 of the Charter of the International Labour Organization changed according to the Document on amendments to the Charter of the International Labour Organization of 1946, but excepting the territories mentioned in Items 4 and 5 of this Article, each organization member who ratifies this Convention shall send to the Director-General of the International Labour Office along with the document on ratification or to perhaps short time after ratification the declaration with indication of on:

a) the territories to which it shall apply Convention provisions without changes;

b) the territories to which it shall apply Convention provisions with changes, and content of these changes;

c) the territories to which the Convention will not be applied, and in this case the reasons for which it will not be applied;

d) the territories concerning which he reserves the decision.

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