Trade unions across Africa are celebrating after the International Court of Justice (ICJ) ruled that workers have a protected right to go on strike under international labour laws.
Labour leaders described the decision as a major victory for workers’ freedom, justice and democracy around the world.
The ruling, delivered by the ICJ in The Hague, Netherlands, affirmed that the right to strike is protected under the International Labour Organisation’s Convention No. 87 on freedom of association and trade union rights.
The judgement settles a long-standing global debate over whether workers legally have the right to organise strikes under international labour standards.
Reacting to the decision, the African Regional Organisation of the International Trade Union Confederation (ITUC-Africa) praised the ruling and called it a historic moment for workers across the continent.
In a statement issued from Lomé, Togo, the organisation said the judgement reinforces the idea that workers must be free to withdraw their labour when negotiations and dialogue fail.
According to ITUC-Africa General Secretary, Akhator Joel Odigie, many of the labour rights workers enjoy today were achieved through collective struggle and industrial action.
The union body listed fair wages, safer working conditions, pensions, maternity protection and social welfare among gains won through organised labour movements over the years.
ITUC-Africa argued that trade unions would lose their real power if workers were denied the ability to organise strikes during disputes with employers or governments.
The organisation also stressed that workers do not usually go on strike to create chaos, but often as a final response to exploitation, poor salaries, unsafe work environments and unfair treatment.
It warned that worsening economic hardship, unemployment and rising living costs across Africa have made the protection of strike rights even more important.
According to the group, no society can truly claim to support democracy while preventing workers from peacefully organising and protesting against injustice.
The ICJ reportedly ruled by 10 votes to four that strike action is part of workers’ freedom to organise and defend their interests, even though the word “strike” is not directly mentioned in the ILO convention.
Labour activists around the world are already describing the decision as one of the biggest international victories for workers’ rights in recent years.
Source: ICJ / ITUC-Africa
