Section 128p. 128

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(1)

The

territories

to

which

it intends to apply the

provisions of this Convention without modification;

(2)

The

territories

to which it intends to apply the

provisions of this Convention with modifications, together

with details of the said modifications;

(3) The territories in respect of which it reserves its

decision.

2. The aforesaid declaration shall be deemed to be an

integral part of the ratification and shall have the force of

ratification.

It

shall

be

open

to any Member, by a

subsequent declaration, to cancel in whole or in part the

reservations made, in pursuance of the provisions of

subparagraphs (2) and (3) of this article, in the original

declaration.

ARTICLE 27

The formal ratifications of this Convention under the

conditions

set

forth

in

the

Constitution

of

the

International

Labour

Organisation

shall

be

communicated

to

the

Director-General

of

the

International Labour Office for registration.

ARTICLE 28

1. This Convention shall be binding only upon those

Members whose ratifications have been registered with

the International Labour Office.

2. It shall come into force twelve months after the date on

which

the

ratifications

of

two

Members

of

the

International Labour Organisation have been registered

with the Director-General.

3. Thereafter, this Convention shall come into force for any

Member twelve months after the date on which the

ratification has been registered.

ARTICLE 29

As soon as the ratifications of two Members of the

International Labour Organisation have been registered

with the International Labour Office, the Director-General

of the International Labour Office shall so notify all the

Members of the International Labour Organisation. He

shall

likewise

notify

them

of

the

registration

of

ratifications which may be communicated subsequently

by other Members of the Organisation.

ARTICLE 30

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 shall not take effect until one year after the

date on which it is registered with the International

Labour Office.

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 five

years and, thereafter, may denounce this Convention at

the expiration of each period of five years under the terms

provided for in this article.

ARTICLE 31

At the expiration of each period of five 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 consider the desirability of placing

on the agenda of the Conference the question of its

revision in whole or in part.

ARTICLE 32

1.

Should

the

Conference

adopt

a

new

Convention

revising

this

Convention

in

whole

or

in

part,

the

ratification by a Member of the new revising Convention

shall ipso jure involve denunciation of this Convention

without any requirement of delay, notwithstanding the

provisions of article 30 above, if and when the new

revising Convention shall have come into force.

2. As from the date of the coming into force of the new

revising Convention, the present Convention shall cease

to be open to ratification by the Members.

3. Nevertheless, this Convention shall remain in force in its

actual form and content for those Members which have

ratified it but have not ratified the revising Convention.

ARTICLE 33

The French and English texts of this Convention shall

both be authentic.

(Forced Labour Convention)

Freedom of Association and Protection

of the Right to Organize Convention

July 9, 1948

FREEDOM OF ASSOCIATION AND PROTECTION OF THE

RIGHT TO ORGANIZE CONVENTION *

The

General

Conference of the International Labour

Organisation,

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,

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,

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,

Considering that the Declaration of Philadelphia reaffirms

that

"freedom

of

expression

and

of association are

essential to sustained progress",

Considering that the International Labour Conference, at

its thirtieth session, unanimously adopted the principles

which should form the basis for international regulation,

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,

Adopts this 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:

PART I

Freedom of Association

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.

© Compiled by RGL

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