The Trades Union Congress (Ghana) welcomes the historic public hearings held by the International Court of Justice (ICJ) from 6 to 8 October 2025 at the Peace Palace in The Hague, on the Request for an Advisory Opinion submitted by the Governing Body of the International Labour Organisation (ILO) concerning the right to strike under international labour law.
The question before the Court is: “Is the right to strike of workers and their organisations protected under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (Convention No. 87)?”
During the hearings, 18 States and five international organisations presented oral statements.
Speaking on behalf of the International Labour Office (ILO), Ms Tomi Kohiyama, Legal Adviser, underscored that the I LO is “the only specialised agency whose normative action is rooted in its tripartite structure.” She emphasised that this unique feature reinforces the importance of preparatory work in interpreting international labour conventions and the inadmissibility of reservations to ILO instruments. According to her, the ICJ’s opinion will greatly enhance legal certainty within the ILO’s supervisory system.
Representing the International Trade Union Confederation (ITUC), Mr. Paapa Danquah, Director of Legal Affairs of ITUC and Former Legal Director, TUC (Ghana), delivered a passionate statement affirming the right to strike as a vital tool for workers to improve working conditions and defend human dignity against exploitation and commodification. He reminded the Court that many of the fundamental rights enjoyed by workers today-such as the eight-hour workday, minimum wages, paid holidays, parental leave, and social protection, were won through the struggles and sacrifices of workers who went on strike. “Not everyone has gone on strike, but we are all beneficiaries of those who have,” he noted, stressing that the right to strike lies at the heart of freedom of association and collective bargaining.
The Trades Union Congress (Ghana) commends the ITUC and its legal team for their strong representation of the global trade union movement and for defending the principle that the right to strike is inherent in freedom of association as enshrined in Convention No. 87.
TUC (Ghana) further extends special commendation to our African governments, South Africa, Egypt, Mauritius, and Somalia, for their principled stance in supporting the right of workers to strike under Convention No. 87. Their interventions before the Court reflect the enduring values of solidarity, justice, and democracy that underpin Africa’s commitment to the ILO’s founding principles.
TUC (Ghana) also salutes all progressive governments and organisations that stood before the Court to affirm that the right to strike is a corollary to Convention No. 87 and that it remains an indispensable pillar of democratic labour relations and social justice. As the global labour movement awaits the Court’s advisory opinion, TUC Ghana is confident that justice will prevail and that the right to strike will be affirmed as a fundamental component of freedom of association.
