Convention No. 87

Convention No. 87
Name	Convention No. 87
Long name	Convention concerning Freedom of Association and Protection of the Right to Organise
Date signed	1948-07-09
Location signed	Geneva
Condition effective	2 ratifications
Date effective	1950-07-04
Signatories	45
Parties	156
Deposited	Director-General of the International Labour Office
Languages	English language, French language

Convention No. 87 is the International Labour Organization convention concerning Freedom of Association and Protection of the Right to Organise, adopted at the International Labour Conference in 1948 and opened for signature in Geneva. It establishes principles for the right of workers and employers to form and join organizations of their own choosing without prior authorization, framed in the aftermath of World War II and the founding of the United Nations. It has shaped global labor standards through interaction with bodies such as the International Labour Organization, the European Court of Human Rights, and the International Court of Justice.

Background and Adoption

The convention emerged from post-World War II reconstruction debates within the International Labour Organization and was influenced by instruments like the Universal Declaration of Human Rights, the San Francisco Conference, and the Declaration of Philadelphia. Delegates from states including United Kingdom, France, United States, Soviet Union, India, Argentina, and Brazil negotiated provisions alongside representatives of International Confederation of Free Trade Unions, World Federation of Trade Unions, and employer organizations such as the International Organisation of Employers. The adoption in 1948 reflected tensions evident in events like the Yalta Conference and the unfolding Cold War, producing a text intended to balance protections advocated by figures linked to Labour Party (UK), Christian Democracy, and socialist movements in Western Europe.

Scope and Main Provisions

The convention articulates core rights comparable to protections in the European Convention on Human Rights and principles later echoed by the United Nations Human Rights Committee. It guarantees formation and joining rights for workers and employers, free from prior authorization, and prescribes non-interference by public authorities—principles resonant with jurisprudence from the European Court of Human Rights and decisions referencing International Labour Organization supervisory mechanisms. Key provisions delineate freedoms related to organization, internal governance, rules on public servants comparable to jurisprudence involving International Covenant on Civil and Political Rights discussions, and limits where national security or public order—issues litigated in forums such as the Inter-American Court of Human Rights—are invoked.

Implementation and Ratification

Ratification and technical assistance have involved actors including the International Labour Office, national ministries in United Kingdom, France, Germany, Japan, South Africa, and Brazil, and trade unions like the Trades Union Congress (United Kingdom), the AFL–CIO, and the Confederação dos Trabalhadores do Brasil. Supervisory procedures involve the Committee of Experts on the Application of Conventions and Recommendations, the Conference Committee on the Application of Standards, and observations from organizations such as Human Rights Watch and Amnesty International. Landmark ratification milestones occurred as decolonization advanced in India, Nigeria, Ghana, and Kenya, with implementation often requiring national legislation debated in parliaments such as the Parliament of the United Kingdom and the National Diet (Japan).

Impact on Labor Rights and Trade Unions

The convention has influenced collective bargaining frameworks in jurisdictions shaped by the European Court of Justice and regional systems like the Inter-American Commission on Human Rights. It underpins reforms in labor codes inspired by exchanges with the World Bank and the International Monetary Fund conditionality debates, and shaped advocacy by international federations such as the International Trade Union Confederation and sectoral unions including those in automotive industry hubs like Detroit and Wolfsburg. Cases invoking the convention or its principles have appeared before domestic courts in Canada, Australia, France, Spain, and South Africa, contributing to jurisprudence alongside precedents from landmark disputes in United States labor law and decisions referencing the European Social Charter.

Criticisms and Legal Challenges

Critics have argued that the convention’s protections conflict with national provisions regulating public servants, emergency powers used in contexts like the Argentine Dirty War, or security measures in counterterrorism statutes debated after events such as the September 11 attacks. Employers’ associations including the Confédération générale des petites et moyennes entreprises and state actors have raised concerns about limits on collective bargaining in privatization episodes involving companies like British Petroleum and Renault. Legal challenges have arisen in courts such as the European Court of Human Rights, the Inter-American Court of Human Rights, and domestic supreme courts in India and Brazil, often engaging tensions familiar from disputes concerning the International Covenant on Economic, Social and Cultural Rights.

Relationship with Other ILO Conventions

The convention is frequently read together with instruments such as Convention No. 98 on the Right to Organise and Collective Bargaining, Convention No. 135 on Workers’ Representatives, and Recommendation No. 143, and it interacts with regional instruments like the European Social Charter and the American Convention on Human Rights. Its principles complement human rights treaties including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and jurisprudence from the International Court of Justice and the European Court of Human Rights, forming part of a corpus of international labor law that has guided reforms across nations such as Sweden, Netherlands, Italy, Mexico, and South Korea.

Category:International Labour Organization conventions