In May 2026, the International Court of Justice (ICJ), the highest judicial body in the United Nations, confirmed via an advisory opinion that the right to strike is protected under international law.

The confirmation comes three years after the International Labour Organisation (ILO) formally asked the ICJ to consider the right to strike as being protected under ILO Convention 87 – Freedom of Association and Protection of the Right to Organise.

This was the first time the ICJ had been asked to make a decision about the interpretation of any ILO convention.

OUR HISTORY WITH CONVENTION 87

Convention 87 is a fundamental post-war ILO convention, written in 1948.

The Convention was ratified to enable workers to associate with and join a labour organisation of their own volition, free of outside influence and without fear of retribution.

Aotearoa New Zealand is a founding member of the ILO but is still not a signatory to Convention 87 – despite one of the main objectives of the Employment Relations Act 2000 being “to promote the observance in New Zealand of the principles underlying International Labour Organisation Convention 87 on Freedom of Association.”

Aotearoa is an outlier in the international community for not ratifying this Convention, and we are regularly criticised by the ILO for our failure to ratify it.

CONFIRMING WHAT UNIONISTS HAVE LONG ASSERTED

The ICJ confirmed what unionists in Aotearoa and across the globe have asserted for decades – that the right to strike is protected under Convention 87.

While Convention 87 does not explicitly mention strikes, the ICJ advises that the right to strike falls within the right of unions to organise activities.

The International Trade Union Confederation has thanked the ICJ for its advisory opinion and claimed it as a victory for the ILO and its governance structures, citing that striking is a fundamental means through which workers defend their interests, secure decent work, and contribute to democratic societies.

A MAJOR POLITICAL AND LEGAL INFLUENCE

While ICJ opinions are not legally binding on courts in the usual sense, they carry major political and legal influence internationally. This decision is also particularly influential for shaping national policy and for courts when they interpret laws.

The Confederation stressed that the legal clarity, while important for workers and trade unions, is also important for governments and responsible businesses.

Above all, this is a very important advisory for workers in Aotearoa, as our Government continues its attacks on employment protections.

The PSA calls on the Government to honour its position as a founding member of the ILO and ratify Convention 87.