ITUC Asia Pacific welcomes the historic Advisory Opinion issued by the International Court of Justice (ICJ), which definitively confirms that the right to strike is legally protected under International Labour Organization (ILO) Convention No. 87 on Freedom of Association and the Protection of the Right to Organise.
This ICJ ruling resolves a long-standing legal dispute within the ILO regarding the scope of ILO Convention No. 87. By legally confirming that the convention protects the right to strike, the ICJ provides legal clarity to the ILO's supervisory bodies and allows governments, employers, and workers to move forward on a shared legal foundation.
For more than a century, the ILO’s unique tripartite system has contributed to social justice and stability through dialogue among governments, employers, and workers. The supervisory role of the Committee of Experts and the Committee on the Application of Standards remains central to maintaining confidence in the international labour standards system. The ICJ confirmation therefore represents a vital affirmation of the integrity and credibility of these ILO supervisory mechanisms.
Emphasising the significance of the ruling for the region, ITUC-Asia Pacific General Secretary Shoya Yoshida stated:
“This ruling from the International Court of Justice is a landmark victory for social justice. For workers across Asia and the Pacific who continue to face intimidation, dismissal, arrest, or violence for exercising trade union rights, this confirmation is not merely a legal interpretation. It is a reaffirmation that democracy at work cannot exist without the ability of workers to act collectively in defence of their dignity, livelihoods, safety, and freedom.”
Highlighting the necessary role of collective action, ITUC-Asia Pacific notes that workers never resort to strikes lightly; they do so when their livelihoods are at stake or when their working conditions are unfair and unsafe. Beyond individual workplaces, they also exercise the right to strike to protect democratic freedoms, quality public services, and the dignity of labour itself.
“The right to strike represents the ultimate democratic tool for rebalancing the power asymmetry between workers and employers, ensuring that voices are heard and negotiations happen on an equal footing,” Shoya Yoshida said.
Following the ICJ ruling, ITUC Asia Pacific calls on employers to fully respect the right to strike in the workplace, and demands all governments to fully protect and implement Convention No. 87, to end attacks on trade union rights, and to guarantee that workers can organise and strike freely and safely.
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