Amman – The Jordan Labor Watch affirms that the advisory opinion issued by the International Court of Justice on 21 May 2026, which concluded that the right of workers and their organizations to strike is protected under International Labour Organization Convention No. 87 of 1948 on Freedom of Association and Protection of the Right to Organise, represents an important milestone in the protection of labour rights and trade union freedoms at the international level.
The Labor Watch believes that the significance of this opinion lies not only in resolving a long-standing legal dispute within the ILO over the interpretation of the Convention, but also in reaffirming that freedom of association cannot be complete without enabling workers and their organizations to use effective collective tools to defend their rights and interests, foremost among them the right to strike.
The Labor Watch stresses that the right to strike is one of the essential components of freedom of association, not a separate right. Trade unions cannot fulfil their role in representation, negotiation, and the defence of fair working conditions if they are deprived of peaceful and legitimate means of collective pressure. At the same time, legal regulation of this right must not become a tool for obstructing it or emptying it of its substance.
This opinion is particularly important in light of growing trends in many countries to restrict trade union rights in the name of economic flexibility, attracting investment, or maintaining labour market stability. The Labor Watch emphasizes that genuine stability in labour relations is not achieved by weakening trade unions or silencing workers’ voices, but through balanced labour relations, effective social dialogue, genuine collective bargaining, and fair mechanisms for dispute resolution.
For the Arab region, this opinion provides an important legal and rights-based reference in discussions on labour law reform, the expansion of trade union freedoms, and the protection of workers’ rights to organize, bargain collectively, and strike, especially given the legal and administrative restrictions that continue to limit these rights in several labour markets.
In the Jordanian context, the Jordan Labor Watch calls for making use of this advisory opinion in any national review of the legal framework governing trade union work, in a way that strengthens the independence of trade unions, expands the scope of collective bargaining, and guarantees the exercise of the right to strike within a fair and balanced framework that protects the essence of the right and does not undermine it.
The Labor Watch considers that the ICJ opinion reaffirms a fundamental logic in international labour law: freedom of association has no real meaning without effective collective tools, foremost among them the right to strike.