IOE responds to the ICJ Advisory Opinion on the Right to Strike

IOE notes that the ICJ Advisory Opinion on Right to Strike Under ILO Convention 87 concludes that the right to strike is protected by Convention No. 87 but made clear that conclusion does not entail any determination on the precise content, scope or conditions for the exercise of that right.

Geneva, Switzerland - The International Organisation of Employers (IOE), as the Secretariat to the Employers' Group at the International Labour Organization (ILO), takes note of the Advisory Opinion delivered by the International Court of Justice today. IOE takes note of the ICJ Advisory Opinion concludes that "the right to strike is protected by Convention No. 87 does not entail any determination on the precise content, scope or conditions for the exercise of that right."

In light of the Advisory Opinion, Employers encourage all ILO social partners - Employers, Workers and Governments - to engage constructively and pragmatically, recognising the diversity of national legal systems and industrial relations traditions.

Employers further stress that the forthcoming 114th Session of the International Labour Conference, to be held in Geneva from 1 to 12 June 2026, should proceed in accordance with established practice to ensure its orderly functioning.

"IOE and its global network remain committed to engaging constructively with governments and workers to identify an agreed tripartite way forward," stated Roberto Suárez Santos, Secretary-General of the IOE, the largest private sector network representing business and employer organisations at the global level and serving as the secretariat to the Employers' Group at the ILO.

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Background information

Convention No. 87, the Freedom of Association and Protection of the Right to Organise Convention, 1948, is one of the International Labour Organization's core conventions. It establishes the right of workers and employers to form and join organisations of their choosing without prior authorisation and sets out protections to ensure those organisations can operate freely and independently. Convention No. 87 has been ratified by the majority of ILO Member States.

International Organisation of Employers

The International Organisation of Employers (IOE) is the world's largest private-sector network, representing 153 employer and business organisations spanning more than 50 million companies across 148 countries.

Founded in 1920, IOE promotes enabling environments for business, job creation, and responsible business conduct through social dialogue and engagement with international institutions. IOE also serves as the secretariat to the Employers' Group at the International Labour Organization (ILO), coordinating employer representation in international labour and employment policy discussions.

For media queries, please contact Jean Milligan, Director of Partnerships and Communications at milligan(at)ioe-emp.com, Tel. + 41 78 868 19 10.