- Hari Prakash K V (BC0150006)

ILO Convention No 87
The Freedom of Association and Protection of the Right to Organise Convention comprises the
preamble followed by four parts with a total of 21 articles. The preamble consists of the formal
introduction of the instrument, at the Thirty-first Session of the General Conference of the
International Labour Organization, on 17 June 1948. A statement of the considerations leading
to the establishment of the document. These considerations include the preamble to the
Constitution of the International Labour Organization the affirmation of the Declaration of
Philadelphia in regard to the issue; and the request by the General Assembly of the United
Nations, upon endorsing the previously received report of 1947, to "continue every effort in
order that it may be possible to adopt one or several international Conventions." In closing, the
preamble states the date of adoption: July 9, 1948.

The outstanding issues concerned are numerous allegations of arrests, harassment and
detention of trade unionists and trade union leaders, notably in the garment sector, and refusals
by the Registrar to register new trade unions; the need to ensure freedom of association rights
to workers in export processing zones (EPZs); and numerous provisions of the 2006 Labour
Act and the 1977 Industrial Relations Rules which were not in conformity with this
fundamental Convention. The employers did not agree that there is a right to strike recognized
in Convention No 87.

Stressing that a climate of full respect for freedom of association can make a significant
contribution towards the effective protection of workers’ safety. The necessary measures
should be taken to ensure that workers and employers can exercise their freedom of association
rights in a climate that is free from threats, pressure and intimidation of any kind and to carry
out independent investigations into the allegations of arrest, harassment and violence against
trade unionists. The important commitments made by the Government to bring the law and
practice into conformity with the Convention and urged the Government to ensure that the
amendments to the Labour Act were adopted without delay and addressed the numerous points
raised by the Committee of Experts concerning the Convention’s application. The Committee
expected that these changes would further give rise to a simplified and effective registration
process. Noting the Government’s statement that participation committees would not be used
as a substitute for trade unions, but rather would facilitate trade union activities and collective
bargaining. The Government should take the necessary measures to ensure that the
amendments to the Labour Act did not undermine trade union rights.