CS Professional · Labour Laws and Practice · International Labour Organization
Country Z, a member of the ILO, has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948. A workers' body claims Z has no obligation regarding freedom of association. Under the 1998 ILO Declaration on Fundamental Principles and Rights at Work, what is the correct position?
Under the 1998 Declaration, Z must respect, promote and realise the fundamental principles, including freedom of association, simply because it is an ILO member, even without ratifying the Convention. The obligation arises from membership, and a promotional follow-up mechanism reviews non-ratifying States.
- ANo obligation arises, since obligations flow only from ratification
- BZ must ratify within one year or be expelled
- CZ must respect, promote and realise the principles concerning fundamental rights merely by being an ILO member, even without ratificationCorrect
- DZ is bound only if the Governing Body passes a resolution against it
Explanation
The 1998 Declaration states that all members, even if they have not ratified the relevant Conventions, have an obligation arising from membership to respect, promote and realise in good faith the principles concerning fundamental rights. Expulsion for non-ratification is not provided. A follow-up mechanism with annual reviews applies to non-ratifying States.
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