Trade unions across Africa have welcomed the landmark ruling of the International Court of Justice ICJ affirming that the right to strike is protected under the International Labour Organisation ILO Convention No. 87. Labour leaders described the decision as a historic victory for workers rights democracy and social justice around the world.
The African Regional Organisation of the International Trade Union Confederation ITUC Africa said the judgment reinforces the legitimacy of strike action as a fundamental democratic right that must not be denied or weakened. In a statement issued from Lomé Togo and signed by General Secretary Akhator Joel Odigie the organisation said the court’s opinion confirmed what workers have defended for generations that the right to strike is inseparable from freedom of association and trade unionism.
According to ITUC Africa many of the protections workers enjoy today including fair wages regulated working hours pensions maternity protection occupational safety and collective bargaining were achieved through collective struggle and organised labour actions. The organisation stressed that trade unions would lose their relevance if workers were denied the power to withdraw their labour when negotiations fail.
The union body noted that strikes are often used as a last resort against exploitation poor wages unsafe working conditions unemployment and inequality rather than to create inility. It added that worsening economic hardship and shrinking civic space across Africa have made the defence of strike rights more important than ever.
The ICJ sitting in The Hague Netherlands ruled by 10 votes to four that workers organisations have the freedom to organise activities including strike action even though the word strike is not specifically mentioned in Convention No. 87. Labour activists worldwide are already describing the advisory opinion as one of the most significant labour rights decisions in recent history.
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