Section 131p. 131

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

ARTICLE 4

Measures appropriate to national conditions shall be

taken, where necessary, to encourage and promote the

full

development

and

utilisation

of

machinery

for

voluntary negotiation between employers or employers'

organisations and workers' organisations, with a view to

the regulation of terms and conditions of employment by

means of collective agreements.

ARTICLE 5

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 6

This Convention does not deal with the position of public

servants engaged in the administration of the State, nor

shall it be construed as prejudicing their rights or status

in any way.

ARTICLE 7

The

formal

ratifications

of

this

Convention shall be

communicated

to

the

Director-General

of

the

International Labour Office for registration.

ARTICLE 8

1. This Convention shall be binding only upon those

Members of the International Labour Organisation whose

ratifications

have

been

registered

with

the

Director-General.

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

which

the

ratifications

of

two Members 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 its

ratification has been registered.

ARTICLE 9

1. Declarations communicated to the Director-General of

the

International

Labour

Office

in

accordance

with

paragraph 2 of article 35 of the Constitution of the

International Labour Organisation shall indicate:

(a)

The

territories

in respect of which the Member

concerned

undertakes

that

the

provisions

of

the

Convention shall be applied without modification;

(b) The territories in respect of which it undertakes that

the provisions 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 is

inapplicable and in such cases the grounds on which it is

inapplicable;

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

decision pending further consideration of the position.

2. The undertakings referred to in subparagraphs (a) and

(b) of paragraph I of this article shall be deemed to be an

integral part of the ratification and shall have the force of

ratification.

3. Any Member may at any time by a subsequent

declaration cancel in whole or in part any reservation

made in its original declaration in virtue of subparagraphs

(b), (c) or (d) of paragraph I of this article.

4. Any Member may, at any time at which the Convention

is

subject

to

denunciation

in

accordance

with

the

provisions

of

article

11,

communicate

to

the

Director-General a declaration modifying in any other

respect the terms of any former declaration and stating

the present position in respect of such territories as it may

specify.

ARTICLE 10

1. Declarations communicated to the Director-General of

the

International

Labour

Office

in

accordance

with

paragraphs 4 and 5 of article 35 of the Constitution of the

International Labour Organisation shall indicate whether

the provisions of the Convention will be applied in the

territory concerned without modification or subject to

modifications; when the declaration indicates that the

provisions of the Convention will be applied subject to

modifications,

it

shall

give

details

of

the

said

modifications.

2.

The

Member,

Members

or

international authority

concerned may at any time by a subsequent declaration

renounce in whole or in part the right to have recourse to

any modification indicated in any former declaration.

3.

The

Member,

Members

or

international authority

concerned may, at any time at which this Convention is

subject to denunciation in accordance with the provisions

of article 11, communicate to the Director-General a

declaration modifying in any other respect the terms of

any former declaration and stating the present position in

respect of the application of the Convention.

ARTICLE 11

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.

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 ten

years and, thereafter, may denounce this Convention at

the expiration of each period of ten years under the terms

provided for in this article.

ARTICLE 12

1. The Director-General of the International Labour Office

shall notify all Members of the International Labour

Organisation

of

the

registration

of

all

ratifications,

declarations and denunciations communicated to him by

the Members of the Organisation.

2. When notifying the Members of the Organisation of

the registration of the second ratification communicated

to him, the Director-General shall draw the attention of

the Members of the Organisation to the date upon which

the Convention will come into force.

ARTICLE 13

The Director-General of the International Labour Office

shall communicate to the Secretary-General of the United

Nations for registration in accordance with Article 102 of

the Charter of the United Nations full particulars of all

ratifications,

declarations

and

acts

of

denunciation

registered by him in accordance with the provisions of

the preceding articles.

ARTICLE 14

At the expiration of each period of ten 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 15

1.

Should

the

Conference

adopt

a

new

Convention

revising this Convention in whole or in part, then, unless

the new Convention otherwise provides:

© Compiled by RGL

131 of 163