Labor groups in the Philippines welcomed the recent advisory opinion of the International Court of Justice (ICJ) affirming that the right to strike is protected under International Labour Organization (ILO) Convention No. 87, calling it a significant victory for workers facing intensifying attacks on union organizing and labor rights.
For labor leaders, the ruling carries weight beyond legal interpretation. It comes at a time when unionists in the country continue to face red-tagging, harassment, arrests, and violent dispersals during strikes and labor actions.
“It is important because the right to strike is one of the fundamental rights of workers. In the Philippines, this is guaranteed by the Constitution,” said Jerome Adonis of Kilusang Mayo Uno in an interview with Bulatlat.
“A strike is the highest weapon of workers in defending and protecting their socio-economic and political rights and interests,” Adonis added.
The ICJ advisory opinion, released on May 21, affirmed that workers’ right to strike is covered under ILO Convention No. 87 or the Convention on Freedom of Association and Protection of the Right to Organise. The ruling settles years of dispute pushed largely by employers’ groups questioning whether the convention explicitly guarantees the right to strike.
For labor advocates in the Philippines, however, the issue has long extended beyond legal interpretation. Union organizing in the country has increasingly been met with intimidation, militarization, and red-tagging, especially in workplaces where workers launch strikes or collective actions.
“This can help show that unionism is not bad, much less a terrorist activity,” Adonis said. “Workers should therefore not be afraid to organize or establish unions.”
Trade unionists and labor rights advocates have repeatedly documented cases where organizing efforts and strikes were met with state harassment, surveillance, and arrests. Labor groups said workers joining picket lines are often accused of links to armed insurgency, a practice long condemned by human rights organizations.
The Center for Trade Union and Human Rights described the ICJ ruling as “a victory for Filipino workers,” saying it provides a stronger legal and moral basis for labor struggles in the country.
“For years, when Filipino workers and their advocates invoke ILO conventions, they have to argue and assert that the right to freedom of association and collective bargaining are rendered useless without the right to strike,” said Kamz Deligente in a statement. “The ICJ ruling now provides more legal and moral weight to that claim.”
The labor rights group noted that many workers hesitate to launch strikes due to fear of layoffs, criminal charges, and violent dispersals. While the ICJ opinion does not automatically dismantle these barriers, CTUHR said it may strengthen calls to repeal anti-worker policies and guarantee labor rights.
Among the provisions criticized by labor groups is Article 278 of the Philippine Labor Code, which grants the Labor Secretary authority to assume jurisdiction over labor disputes deemed “indispensable to national interest.” Workers have long criticized the provision for allowing police and military intervention in strikes and compelling workers to return to work under threat of dismissal or prosecution.
Labor advocates have linked the provision to some of the bloodiest attacks on workers in the country, including the 2004 Hacienda Luisita massacre where striking farm workers were killed during a violent dispersal.
“We hope that the ICJ advisory opinion will pave the way for the review and junking of anti-strike laws such as the Labor Code’s provision on assumption of jurisdiction,” Deligente said.
International labor groups likewise hailed the ruling. International Trade Union Confederation said the opinion restores “legal certainty and credibility” within the international labor standards system.
“The right to strike is an essential component of freedom of association and a fundamental means through which workers defend their interests, secure decent work and contribute to democratic societies,” the federation said.
Despite being non-binding, the ICJ advisory opinion is expected to influence international labor jurisprudence and state compliance with labor conventions. For labor groups in the Philippines, the challenge now lies in transforming the ruling into concrete protections for workers on the ground.
Adonis stressed that the Philippine government must recognize and respect the decision.
“State forces should not interfere in workers’ union activities, especially during strikes,” he said.
For Filipino workers confronting contractualization, low wages, and worsening repression, labor groups said the ruling serves as both affirmation and challenge — affirming workers’ fundamental right to strike while exposing the continuing attacks faced by those who dare exercise it. (DAA)
The post ICJ ruling on right to strike strengthens workers’ fight amid worsening labor repression—Labor Groups appeared first on Bulatlat.
From Bulatlat via This RSS Feed.