Main
international standards
on
Freedom
of Association and Assembly
Universal
Declaration of Human Rights
Article
20
1. Everyone has the right to freedom of peaceful
assembly and association.
2. No one may be compelled to belong to an association.
International
Covenant on Civil and Political Rights
Article
21
The right of peaceful
assembly shall be recognized. No restrictions may be placed on the exercise of
this right other than those imposed in conformity with the law and which are necessary
in a democratic society in the interests of national security or public safety,
public order (ordre public), the protection of public health or morals or the
protection of the rights and freedoms of others.
Article
22
1. Everyone shall have the
right to freedom of association with others, including the right to form and
join trade unions for the protection of his interests.
2. No restrictions may be
placed on the exercise of this right other than those which are prescribed by
law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection
of public health or morals or the protection of the rights and freedoms of
others. This article shall not prevent the imposition of lawful restrictions on
members of the armed forces and of the police in their exercise of this right.
3. Nothing in this article
shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the
Right to Organize to take legislative measures which would prejudice, or to
apply the law in such a manner as to prejudice, the guarantees provided for in
that Convention.
International
Covenant on Economic, Social and Cultural Rights
Article
8
1. The States Parties to
the present Covenant undertake to ensure:
(a) The right of everyone
to form trade unions and join the trade union of his choice, subject only to
the rules of the organization concerned, for the promotion and protection of
his economic and social interests. No restrictions may be placed on the
exercise of this right other than those prescribed by law and which are
necessary in a democratic society in the interests of national security or
public order or for the protection of the rights and freedoms of others;
(b) The right of trade
unions to establish national federations or confederations and the right of the
latter to form or join international trade-union organizations;
(c) The right of trade
unions to function freely subject to no limitations other than those prescribed
by law and which are necessary in a democratic society in the interests of
national security or public order or for the protection of the rights and
freedoms of others;
(d) The right to strike,
provided that it is exercised in conformity with the laws of the particular
country.
2. This article shall not
prevent the imposition of lawful restrictions on the exercise of these rights
by members of the armed forces or of the police or of the administration of the
State.
3. Nothing in this article
shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the
Right to Organize to take legislative measures which would prejudice, or apply
the law in such a manner as would prejudice, the guarantees provided for in
that Convention.
Convention
on the Elimination of All Forms of Discrimination against Women
Article
7
States Parties shall take
all appropriate measures to eliminate discrimination against women in the
political and public life of the country and, in particular, shall ensure to
women, on equal terms with men, the right: (a) To vote in all elections and
public referenda and to be eligible for election to all publicly elected
bodies;
(b) To participate in the
formulation of government policy and the implementation thereof and to hold
public office and perform all public functions at all levels of government;
(c) To participate in
non-governmental organizations and associations concerned with the public and
political life of the country.
International Convention on the Elimination of All Forms of Racial
Discrimination
Article
4
States Parties condemn all
propaganda and all organizations which are based on ideas or theories of
superiority of one race or group of persons of one colour or ethnic origin, or
which attempt to justify or promote racial hatred and discrimination in any
form, and undertake to adopt immediate and positive measures designed to
eradicate all incitement to, or acts of, such discrimination and, to this end,
with due regard to the principles embodied in the Universal Declaration of
Human Rights and the rights expressly set forth in article 5 of this Convention,
inter alia:
(a) Shall declare an
offence punishable by law all dissemination of ideas based on racial
superiority or hatred, incitement to racial discrimination, as well as all acts
of violence or incitement to such acts against any race or group of persons of
another colour or ethnic origin, and also the provision of any assistance to
racist activities, including the financing thereof;
(b) Shall declare illegal
and prohibit organizations, and also organized and all other propaganda
activities, which promote and incite racial discrimination, and shall recognize
participation in such organizations or activities as an offence punishable by
law;
(c) Shall not permit
public authorities or public institutions, national or local, to promote or
incite racial discrimination.
Article
5
In compliance with the
fundamental obligations laid down in article 2 of this Convention, States
Parties undertake to prohibit and to eliminate racial discrimination in all its
forms and to guarantee the right of everyone, without distinction as to race,
colour, or national or ethnic origin, to equality before the law, notably in
the enjoyment of the following rights:
… (ix) The right to
freedom of peaceful assembly and association.
Convention
on the Rights of the Child
Article
15
1. States Parties
recognize the rights of the child to freedom of association and to freedom of
peaceful assembly.
2. No restrictions may be
placed on the exercise of these rights other than those imposed in conformity
with the law and which are necessary in a democratic society in the interests
of national security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the rights and
freedoms of others.
International
Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families
Article
26
1. States Parties
recognize the right of migrant workers and members of their families:
(a) To take part in
meetings and activities of trade unions and of any other associations
established in accordance with law, with a view to protecting their economic,
social, cultural and other interests, subject only to the rules of the
organization concerned;
(b) To join freely any
trade union and any such association as aforesaid, subject only to the rules of
the organization concerned;
(c) To seek the aid and
assistance of any trade union and of any such association as aforesaid.
2. No restrictions may be
placed on the exercise of these rights other than those that are prescribed by law
and which are necessary in a democratic society in the interests of national
security, public order (ordre public) or the protection of the rights and
freedoms of others.
International
Convention for the Protection of All Persons from Enforced Disappearance
Article
24
7. Each State Party shall
guarantee the right to form and participate freely in organizations and
associations concerned with attempting to establish the circumstances of
enforced disappearances and the fate of disappeared persons, and to assist
victims of enforced disappearance.
Convention
on the Rights of Persons with Disabilities
Article
29
States Parties shall
guarantee to persons with disabilities political rights and the opportunity to
enjoy them on an equal basis with others, and shall undertake:
(a) To ensure that
persons with disabilities can effectively and fully participate in political
and public life on an equal basis with others, directly or through freely
chosen representatives, including the right and opportunity for persons with
disabilities to vote and be elected, inter alia, by:
(i) Ensuring that
voting procedures, facilities and materials are appropriate, accessible and
easy to understand and use;
(ii) Protecting the
right of persons with disabilities to vote by secret ballot in elections and
public referendums without intimidation, and to stand for elections, to
effectively hold office and perform all public functions at all levels of
government, facilitating the use of assistive and new technologies where
appropriate;
(iii) Guaranteeing
the free expression of the will of persons with disabilities as electors and to
this end, where necessary, at their request, allowing assistance in voting by a
person of their own choice;
(b) To promote
actively an environment in which persons with disabilities can effectively and
fully participate in the conduct of public affairs, without discrimination and
on an equal basis with others, and encourage their participation in public
affairs, including:
(i) Participation in
non-governmental organizations and associations concerned with the public and
political life of the country, and in the activities and administration of
political parties;
(ii) Forming and
joining organizations of persons with disabilities to represent persons with disabilities
at international, national, regional and local levels.
Declaration
on Human Rights Defenders
Article
5
For the purpose of
promoting and protecting human rights and fundamental freedoms, everyone has
the right, individually and in association with others, at the national and
international levels:
(a) To meet or
assemble peacefully;
(b) To form, join
and participate in non-governmental organizations, associations or groups;
(c) To communicate
with non-governmental or intergovernmental organizations.
ILO Convention No.
87 (C087) concerning Freedom of Association and Protection of the Right to
Organise
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
Each Member of the
International Labour Organisation for which this Convention is in force
undertakes to give effect to the following provisions.
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.
§ 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.
Workers' and
employers' organisations shall not be liable to be dissolved or suspended by
administrative authority.
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.
The provisions of
Articles 2, 3 and 4 hereof apply to federations and confederations of workers'
and employers' organisations.
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.
§ 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.
§ 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.
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.
PART II. PROTECTION OF THE RIGHT TO
ORGANISE
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.
PART III. MISCELLANEOUS PROVISIONS
§ 1.In respect of
the territories referred to in Article 35 of the Constitution of the
International Labour Organisation as amended by the Constitution of the
International Labour Organisation Instrument of Amendment 1946, other than the
territories referred to in paragraphs 4 and 5 of the said article as so
amended, each Member of the Organisation which ratifies this Convention shall
communicate to the Director-General of the International Labour Office with or
as soon as possible after its ratification a declaration stating:
§ (a) the
territories in respect of which it 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.
§ 2. The
undertakings referred to in subparagraphs (a) and (b) of paragraph 1 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
reservations made in its original declaration in virtue of subparagraphs (b),
(c) or (d) of paragraph 1 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 16, 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.
§ 1. Where the
subject-matter of this Convention is within the self-governing powers of any
non-metropolitan territory, the Member responsible for the international
relations of that territory may, in agreement with the government of the
territory, communicate to the Director-General of the International Labour
Office a declaration accepting on behalf of the territory the obligations of
this Convention.
§ 2. A declaration
accepting the obligations of this Convention may be communicated to the
Director-General of the International Labour Office:
§ (a) by two or more
Members of the Organisation in respect of any territory which is under their
joint authority; or
§ (b) by any
international authority responsible for the administration of any territory, in
virtue of the Charter of the United Nations or otherwise, in respect of any
such territory.
§ 3. Declarations
communicated to the Director-General of the International Labour Office in
accordance with the preceding paragraphs of this Article 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.
§ 4. 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.
§ 5. 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 16, 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.
PART IV. FINAL PROVISIONS
The formal
ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.
§ 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 ratifications has been registered.
§ 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.
§ 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.
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.
At such times as
it may consider necessary the Governing Body of the International Labour Office
shall present to the General Conference a report on the working of this
Convention and shall examine the desirability of placing on the agenda of the
Conference the question of its revision in whole or in part.
§ 1. Should the
Conference adopt a new Convention revising this Convention in whole or in part,
then, unless the new Convention otherwise provides:
§ (a) the
ratification by a Member of the new revising Convention shall ipso jure involve
the immediate denunciation of this Convention, notwithstanding the provisions
of Article 16 above, if and when the new revising Convention shall have come
into force;
§ (b) as from the
date when the new revising Convention comes into force this Convention shall
cease to be open to ratification by the Members.
§ 2. This Convention
shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
The English and
French versions of the text of this Convention are equally authoritative.
ILO Convention No.
98 (C098) concerning the Application of the Principles of the Right to Organise
and to Bargain Collectively
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Thirty-second Session on 8
June 1949, and
Having decided upon the adoption of certain proposals concerning
the application of the principles of the right to organise and to bargain
collectively, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention,
adopts this first day of July of the year one thousand nine
hundred and forty-nine the following Convention, which may be cited as the Right
to Organise and Collective Bargaining Convention, 1949:
Article 1
§ 1. Workers
shall enjoy adequate protection against acts of anti-union discrimination in
respect of their employment.
§ 2. Such
protection shall apply more particularly in respect of acts calculated to--
§ (a) make
the employment of a worker subject to the condition that he shall not join a
union or shall relinquish trade union membership;
§ (b) cause
the dismissal of or otherwise prejudice a worker by reason of union membership
or because of participation in union activities outside working hours or, with
the consent of the employer, within working hours.
Article 2
§ 1. Workers'
and employers' organisations shall enjoy adequate protection against any acts
of interference by each other or each other's agents or members in their
establishment, functioning or administration.
§ 2. In
particular, acts which are designed to promote the establishment of workers'
organisations under the domination of employers or employers' organisations, or
to support workers' organisations by financial or other means, with the object
of placing such organisations under the control of employers or employers'
organisations, shall be deemed to constitute acts of interference within the
meaning of this Article.
Article 3
Machinery appropriate to national conditions shall be
established, where necessary, for the purpose of ensuring respect for the right
to organise as defined in the preceding Articles.
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 1 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 subparagraph (b),
(c) or (d) of paragraph 1 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 paragraph 4 or 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 such times as it may consider necessary the Governing Body of
the International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine 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,
§ (a) the
ratification by a Member of the new revising Convention shall ipso jure involve
the immediate denunciation of this Convention, notwithstanding the provisions
of Article 11 above, if and when the new revising Convention shall have come
into force;
§ (b) as from
the date when the new revising Convention comes into force, this Convention
shall cease to be open to ratification by the Members.
§ 2. This
Convention shall in any case remain in force in its actual form and content for
those Members which have ratified it but have not ratified the revising
Convention.
Article 16
The English and French versions of the text of this Convention
are equally authoritative.
ILO Convention No.
135 (C135) concerning Protection and Facilities to be Afforded to Workers'
Representatives in the Undertaking
Preamble
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its Fifty-sixth Session on 2
June 1971, and
Noting the terms of the Right to Organise and Collective
Bargaining Convention, 1949, which provides for protection of workers against
acts of anti-union discrimination in respect of their employment, and
Considering that it is desirable to supplement these terms with
respect to workers' representatives, and
Having decided upon the adoption of certain proposals with
regard to protection and facilities afforded to workers' representatives in the
undertaking, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention,
adopts this twenty-third day of June of the year one thousand
nine hundred and seventy-one the following Convention, which may be cited as
the Workers' Representatives Convention, 1971:
Article 1
Workers' representatives in the undertaking shall enjoy
effective protection against any act prejudicial to them, including dismissal,
based on their status or activities as a workers' representative or on union
membership or participation in union activities, in so far as they act in
conformity with existing laws or collective agreements or other jointly agreed
arrangements.
Article 2
§ 1. Such
facilities in the undertaking shall be afforded to workers' representatives as
may be appropriate in order to enable them to carry out their functions
promptly and efficiently.
§ 2. In this
connection account shall be taken of the characteristics of the industrial
relations system of the country and the needs, size and capabilities of the
undertaking concerned.
§ 3. The
granting of such facilities shall not impair the efficient operation of the
undertaking concerned.
Article 3
For the purpose of this Convention the term workers'
representatives means persons who are recognised as such under
national law or practice, whether they are--
§ (a) trade
union representatives, namely, representatives designated or elected by trade
unions or by members of such unions; or
§ (b) elected
representatives, namely, representatives who are freely elected by the workers
of the undertaking in accordance with provisions of national laws or
regulations or of collective agreements and whose functions do not include
activities which are recognised as the exclusive prerogative of trade unions in
the country concerned.
Article 4
National laws or regulations, collective agreements, arbitration
awards or court decisions may determine the type or types of workers'
representatives which shall be entitled to the protection and facilities
provided for in this Convention.
Article 5
Where there exist in the same undertaking both trade union
representatives and elected representatives, appropriate measures shall be
taken, wherever necessary, to ensure that the existence of elected representatives
is not used to undermine the position of the trade unions concerned or their
representatives and to encourage co-operation on all relevant matters between
the elected representatives and the trade unions concerned and their
representatives.
Article 6
Effect may be given to this Convention through national laws or
regulations or collective agreements, or in any other manner consistent with
national practice.
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. 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 10
§ 1. The
Director-General of the International Labour Office shall notify all Members of
the International Labour Organisation of the registration of all ratifications
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 11
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 and acts of denunciation registered by him in
accordance with the provisions of the preceding Articles.
Article 12
At such times as it may consider necessary the Governing Body of
the International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the desirability of
placing on the agenda of the Conference the question of its revision in whole
or in part.
Article 13
§ 1. Should
the Conference adopt a new Convention revising this Convention in whole or in
part, then, unless the new Convention otherwise provides:
§ (a) the
ratification by a Member of the new revising Convention shall ipso jure involve
the immediate denunciation of this Convention, notwithstanding the provisions
of Article 9 above, if and when the new revising Convention shall have come
into force;
§ (b) as from
the date when the new revising Convention comes into force this Convention
shall cease to be open to ratification by the Members.
§ 2. This
Convention shall in any case remain in force in its actual form and content for
those Members which have ratified it but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention
are equally authoritative.
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