On ratification by the Republic of Kazakhstan of the 1948 Convention on Freedom of Association and Protection of the Right to Organize

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Law of the Republic of Kazakhstan dated December 30, 1999 No. 29-II

To ratify the 1948 Convention on Freedom of Association and Protection of the Right to Organize, adopted in San Francisco on July 9, 1948.

President N.Nazarbayev of the Republic of Kazakhstan

Convention 87

Convention on Freedom of Association and Protection of the Right to Organize

The General Conference of the International Labour Organization, convened in San Francisco by the Governing Body of the International Labour Office and meeting on June 17, 1948, at its thirty-first session, decided to adopt in the form of a convention a number of proposals on freedom of association and protection of the right to organize, which is the seventh item on the agenda of the session, taking into account that the preamble to the Constitution of the International Labour organizations proclaim, among the means capable of improving working conditions and ensuring peace, the recognition of the principle of freedom of association, taking into account, That the Philadelphia Declaration once again proclaimed that freedom of speech and freedom of association are necessary conditions for continuous progress, bearing in mind that the International Labour Conference, at its thirtieth session, unanimously adopted the principles that should form the basis of international regulation, taking into account, That the General Assembly of the United Nations, at its second session, acceded to these principles and requested the International Labour Organization to continue to make every effort to adopt one or more international conventions, adopts this ninth day of July, one thousand nine hundred and forty-eight, the following Convention, which will be called the 1948 Convention on Freedom of Association and Protection of the Right to Organize:

Section I. Freedom of association Article 1

Each Member of the International Labour Organization in respect of which this Convention has entered into force undertakes to give effect to the following provisions.

Article 2

Workers and entrepreneurs, without any distinction whatsoever, have the right to establish organizations of their choice without prior permission, as well as the right to join such organizations on the sole condition of subordination to the charters of these latter.

Article 3

1. Organizations of workers and entrepreneurs have the right to draw up their own charters and administrative regulations, freely choose their representatives, organize their staff and their activities, and formulate their own program of action. 2. The State authorities shall refrain from any interference that could restrict this right or hinder its legitimate exercise.

Article 4

Organizations of workers and entrepreneurs are not subject to dissolution or temporary administrative prohibition.

Article 5

Organizations of workers and entrepreneurs have the right to establish federations and confederations, as well as the right to join them, and each such organization, federation or confederation has the right to join international organizations of workers and entrepreneurs.

Article 6

The provisions of articles 2, 3 and 4 apply to federations and confederations of workers' and entrepreneurs' organizations.

Article 7

The acquisition of the rights of a legal entity by organizations of workers and entrepreneurs, their federations and confederations may not be subject to conditions capable of preventing the application of the provisions of articles 2, 3 and 4.

Article 8

1. In exercising the rights recognized for them by this Convention, workers, entrepreneurs and their respective organizations, as well as other persons or organized collectives, shall comply with the rule of law. 2. National legislation does not affect the guarantees provided for in this Convention and is applied in such a way as not to violate them.

Article 9

1. National legislation shall determine the extent to which the guarantees provided for in this Convention will apply to the armed forces and the police. 2. In accordance with the principles set out in paragraph 8 of Article 19 of the Constitution of the International Labour Organization, the ratification of this Convention by any Member of the Organization may not be considered as affecting existing laws, judicial decisions, customs or agreements that provide members of the armed forces and police with the guarantees provided for in this Convention.

Article 10

For the purposes of this Convention, the term "organization" means any organization of workers or entrepreneurs whose purpose is to ensure and protect the interests of workers or entrepreneurs.

Section II. Protection of the right to organize Article 11

Each Member of the International Labour Organization in respect of which this Convention has entered into force undertakes to take all necessary and appropriate measures to guarantee to workers and entrepreneurs the free exercise of the right to organize.

Section III. Various provisions Article 12

1. With respect to the Territories referred to in Article 35 of the Constitution of the International Labour Organization, as amended by the 1946 Act of Amendment to the Constitution of the International Labour Organization, with the exception of the Territories referred to in paragraphs 4 and 5 of this article, each Member ratifying this Convention shall send to the Director General of the International Labour Office at the same time as the instrument of ratification or, as soon as possible after ratification, a declaration indicating: (a) the Territories in respect of which it undertakes to apply the provisions of the Convention without modification; (b) The Territories in respect of which it undertakes to apply the provisions of the Convention as amended, and the details of those amendments; (c) the Territories in which the Convention will not apply, and in this case the reasons why it will not apply; (d) the Territories in respect of which it reserves its decision. 2. The obligations referred to in sub-paragraphs a and b of paragraph 1 of this article are considered to be an integral part of the instrument of ratification and have the same consequences as it. 3. Any Member may, by means of a new declaration, withdraw all or part of the reservations made in its previous declaration in accordance with sub-paragraphs b, c and d of paragraph 1 of this article. 4. Any Member may, at any time during which this Convention may be denounced in accordance with the provisions of Article 16, send to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and informing him of the existing situation in certain Territories.

Article 13

1. When matters dealt with in this Convention fall within the competence of the authorities of a Territory outside the metropolitan Area themselves, the Member responsible for the international relations of that Territory may, in agreement with the Government of that Territory, submit to the Director General of the International Labour Office a declaration accepting obligations under this Convention on behalf of such Territory. 2. An application for acceptance of obligations under this Convention may be addressed to the Director-General of the International Labour Office: (a) by two or more Members of the Organization in respect of a Territory under their joint administration; (b) by any international authority responsible for the administration of the Territory on the basis of the Charter of the United Nations or any other regulation in force in respect of that Territory. 3. Declarations addressed to the Director-General of the International Labour Office in accordance with the provisions of the preceding paragraphs of this article shall indicate whether the provisions of the Convention will be applied in the Territory without modification or with modifications; if the declaration indicates that the provisions of the Convention will be applied with modifications, it shall specify what the said changes consist of. 4. An interested Member or Members of an Organization or an international authority may, by means of a new application, waive in whole or in part the right to take advantage of the changes stipulated in any previous application. 5. The Member or Members of the Organization concerned or the international authority concerned may, at times when the Convention may be denounced in accordance with the provisions of article 16, transmit to the Director-General of the International Labour Office a new declaration modifying in any other respect the terms of any previous declaration and informing him of the existing situation with regard to the application of this Convention.

Section IV. Final provisions Article 14

The official instruments of ratification of this Convention shall be sent to the Director General of the International Labour Office for registration.

Article 15

1. This Convention binds only those Members of the International Labour Organization whose instruments of ratification have been registered by the Director General. 2. It shall enter into force twelve months after the Director General registers the instruments of ratification of the two Members of the Organization. 3. Subsequently, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its instrument of ratification.

Article 16

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an act of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the denunciation document. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure established in this article.

Article 17

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all instruments of ratification, declarations and acts of denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second instrument of ratification received by him, the Director-General shall draw their attention to the date of entry into force of this Convention.

Article 18

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 19

Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 20

1. If the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the new revising Convention shall automatically entail, regardless of the provisions of article 16, the immediate denunciation of this Convention, provided that the new revising Convention The Convention has entered into force; (b) As from the date of entry into force of the new revising convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the new, revising convention.

Article 21

The English and French texts of this Convention are equally authentic.

President

Republic of Kazakhstan

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