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结社自由和组织权利保护公约 CONVENTION No. 87 Convention concerning Freedom of Association andProtection of the Right to Organize

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第87号公约
颁布日期:19480709  实施日期:19500704  颁布单位:旧金山

  [Date of coming into force: 4 July 1950.]

  The General Conference of the International Labour Organization,

  Having been convened at San Francisco by the Governing Body of theInternational Labour Office, and having met in its Thirty-first Session on17 June 1948;

  Having decided to adopt, in the form of a Convention, certainproposals concerning freedom of association and protection of the right toorganize, which is the seventh item on the agenda of the session;

  Considering that the Preamble to the Constitution of the InternationalLabour Organization declares “recognition of the principle of freedom ofassociation” to be a means of improving conditions of labour and ofestablishing peace;

  Considering that the Declaration of Philadelphia reaffirms that“freedom of expression and of association are essential to sustainedprogress”;

  Considering that the International Labour Conference, at its ThirtiethSession, unanimously adopted the principles which should form the basisfor international regulation;

  Considering that the General Assembly of the United Nations, at itsSecond Session, endorsed these principles and requested the InternationalLabour Organization to continue every effort in order that it may bepossible to adopt one or several international Conventions; adopts thisninth day of July of the year one thousand nine hundred and forty-eightthe following Convention, which may be cited as the Freedom of Associationand Protection of the Right to Organize Convention, 1948:

  PART I. FREEDOM OF ASSOCIATION

  Article 1

  Each Member of the International Labour Organization for which thisConvention is in force undertakes to give effect to the followingprovisions.

  Article 2

  Workers and employers, without distinction whatsoever, shall have theright to establish and, subject only to the rules of the organizationconcerned, to join organizations of their own choosing without previousauthorisation.

  Article 3

  1. Workers' and employers' organizations shall have the right to drawup their constitutions and rules, to elect their representatives in fullfreedom, to organize their administration and activities and to formulatetheir programmes.

  2. The public authorities shall refrain from any interference whichwould restrict this right or impede the lawful exercise thereof.

  Article 4

  Workers' and employers' organizations shall not be liable to bedissolved or suspended by administrative authority.

  Article 5

  Workers' and employers' organizations shall have the right toestablish and join federations and confederations and any suchorganization, federation or confederation shall have the right toaffiliate with international organizations of workers and employers.

  Article 6

  The provisions of Articles 2, 3 and 4 hereof apply to federations andconfederations of workers' and employers' organizations.

  Article 7

  The acquisition of legal personality by workers' and employers'organizations, federations and confederations shall not be made subject toconditions of such a character as to restrict the application of theprovisions of Articles 2, 3 and 4 hereof.

  Article 8

  1. In exercising the rights provided for in this Convention workersand employers and their respective organizations, like other persons ororganized collectivities, shall respect the law of the land.

  2. The law of the land shall not be such as to impair, nor shall it beso applied as to impair, the guarantees provided for in this Convention.

  Article 9

  1. The extent to which the guarantees provided for in this Conventionshall apply to the armed forces and the police shall be determined bynational laws or regulations.

  2. In accordance with the principle set forth in paragraph 8 ofarticle 19 of the Constitution of the International Labour Organizationthe ratification of this Convention by any Member shall not be deemed toaffect any existing law, award, custom or agreement in virtue of whichmembers of the armed forces or the police enjoy any right guaranteed bythis Convention.

  Article 10

  In this Convention the term “organization” means any organization ofworkers or of employers for furthering and defending the interests ofworkers or of employers.

  PART II. PROTECTION OF THE RIGHT TO ORGANIZE

  Article 11

  Each Member of the International Labour Organization for which thisConvention is in force undertakes to take all necessary and appropriatemeasures to ensure that workers and employers may exercise freely theright to organize.

  PART III. MISCELLANEOUS PROVISIONS

  Article 12

  1. In respect of the territories referred to in article 35 of theConstitution of the International Labour Organization as amended by theConstitution of the International Labour Organization Instrument ofAmendment, 1946, other than the territories referred to in paragraphs 4and 5 of the said article as so amended, each Member of the Organizationwhich ratifies this Convention shall communicate to the Director-Generalof the International Labour Office with or as soon as possible after itsratification a declaration stating——

  (a) the territories in respect of which it undertakes that theprovisions of the Convention shall be applied without modification;

  (b) the territories in respect of which it undertakes that theprovisions of the Convention shall be applied subject to modifications,together with details of the said modifications;

  (c) the territories in respect of which the Convention isinapplicable and in such cases the grounds on which it is inapplicable;

  (d) the territories in respect of which it reserves its decision.

  2. The undertakings referred to in subparagraphs (a) and (b) ofparagraph 1 of this Article shall be deemed to be an integral part of theratification and shall have the force of ratification.

  3. Any Member may at any time by a subsequent declaration cancel inwhole or in part any reservations made in its original declaration invirtue of subparagraph (b), (c) or (d) of paragraph 1 of this Article.

  4. Any Member may, at any time at which this Convention is subject todenunciation in accordance with the provisions of Article 16, communicateto the Director-General a declaration modifying in any other respect theterms of any former declaration and stating the present position inrespect of such territories as it may specify.

  Article 13

  1. Where the subject-matter of this Convention is within theself-governing powers of any non-metropolitan territory, the Memberresponsible for the international relations of that territory may, inagreement with the government of the territory, communicate to theDirector-General of the International Labour Office a declarationaccepting on behalf of the territory the obligations of this Convention.

  2. A declaration accepting the obligations of this Convention may becommunicated to the Director-General of the International Labour Office——

  (a) by two or more Members of the Organization in respect of anyterritory which is under their joint authority; or

  (b) by any international authority responsible for theadministration of any territory, in virtue of the Charter of the UnitedNations or otherwise, in respect of any such territory.

  3. Declarations communicated to the Director-General of theInternational Labour Office in accordance with the preceding paragraphs ofthis Article shall indicate whether the provisions of the Convention willbe applied in the territory concerned without modification or subject tomodifications; when the declaration indicates that the provisions of theConvention will be applied subject to modifications it shall give detailsof the said modifications.

  4. The Member, Members or international authority concerned may at anytime by a subsequent declaration renounce in whole or in part the right tohave recourse to any modification indicated in any former declaration.

  5. The Member, Members or international authority concerned may, atany time at which this Convention is subject to denunciation in accordancewith the provisions of Article 16, communicate to the Director-General ofthe International Labour Office a declaration modifying in any otherrespect the terms of any former declaration and stating the presentposition in respect of the application of the Convention.

  PART IV. FINAL PROVISIONS

  Article 14

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.

  Article 15

  1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

  2. It shall come into force twelve months after the date on which theratifications of two Members have been registered with theDirector-General.

  3. Thereafter, this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.

  Article 16

  1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered.

  2. Each Member which has ratified this Convention and which does not,within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

  Article 17

  1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications, declarations and denunciationscommunicated to him by the Members of the Organization.

  2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him, the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force.

  Article 18

  The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications, declarations and acts ofdenunciation registered by him in accordance with the provisions of thepreceding Article.

  Article 19

  At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

  Article 20

  1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides,

  (a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 16 above, if and when the newrevising Convention shall have come into force;

  (b) as from the date when the new revising Convention comes intoforce, this Convention shall cease to be open to ratification by theMembers.

  2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

  Article 21

  The English and French versions of the text of this Convention areequally authoritative.

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