UN Court Affirms Workers Right to Strike Under Key International Treaty

The International Court of Justice has issued an advisory opinion on the International Labour Organization’s 1948 Freedom of Association treaty, stating that workers and unions have the right to strike under the convention. The ICJ’s 14-member panel delivered a 10-4 ruling in favor of this interpretation.

The ILO requested the court’s opinion amid a dispute between employers’ and workers’ representatives over whether Convention 87 implicitly protects workers’ right to strike. In its advisory opinion, the ICJ judges affirmed that the treaty enshrines such a right but emphasized that their conclusion was narrow.

According to President Yuji Iwasawa, the ICJ’s opinion does not determine the precise content or conditions for exercising this right. The ruling is nonbinding, but many local courts view the ICJ’s opinions as authoritative.

The International Labour Organization has ratified Convention 87 by 158 countries, which outlines protections concerning workers’ and employers’ freedom to organize, establish, and join federations. In its 43-page opinion, the ICJ reasoned that strikes are a key activity used by workers and their organizations to promote their interests and improve labor conditions.

The ICJ’s ruling puts an end to a long-standing disagreement between employers and workers over Convention 87. The ILO described this as “a rare exception” in which it asked the court to resolve such a dispute. Harold Koh, representing the International Trade Union Confederation, stated that the case was about more than legal abstractions, emphasizing its impact on the real rights of millions of working people worldwide.

The ICJ’s decision is expected to influence labor laws and practices globally, particularly in countries that have not recognized employees’ right to strike.

Source: Al Jazeera