Right to strike: NLC tackles NECA DG over ICJ ruling

Says global court’s verdict is binding

THE Nigeria Labour Congress (NLC) has strongly criticised the Director-General of the Nigeria Employers’ Consultative Association (NECA), Mr Adewale-Smatt Oyerinde, over his comments on the recent ruling of the International Court of Justice (ICJ) affirming workers’ right to strike under International Labour Organisation (ILO) Convention 87.

The labour centre described the judgement as a landmark victory for workers worldwide and accused the employers’ body of attempting to weaken the significance of the ruling through what it called an unnecessary and misleading interpretation of the court’s decision.

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In a statement by its president, Comrade Joe Ajaero, the NLC said Mr Oyerinde’s comments during a television interview amounted to “a painful but avoidable and needless act of hair-splitting.”

The NECA Director-General had reportedly argued that the right to strike is not automatic and that workers must still operate within the framework of existing labour laws, particularly Section 43 of the Trade Disputes Act.

Responding, the NLC maintained that the ICJ ruling has conclusively settled a long-running dispute over whether the right to strike is implicit in ILO Convention 87 on Freedom of Association and Protection of the Right to Organise.

According to the congress, although Oyerinde attempted to provide historical context to the matter and referred to the need for social dialogue among stakeholders, he failed to fully acknowledge the significance and finality of the ruling.

“Although Mr Oyerinde tried to give background information on this matter, he was economical with it,” the NLC said.

The labour body traced the dispute to objections raised by employers’ groups over the interpretation of Convention 87, noting that debates at different levels of the ILO consistently affirmed that the right to strike is embedded in the convention.

“Following complaints by the Employers Group on whether the right to strike is implied in Convention 87, debates held at various levels of ILO and the general direction was that it is. Not satisfied, the matter went to the Governing Board which, through a majority decision, affirmed that it is.”

The congress said the employers’ group subsequently escalated the matter to the International Court of Justice, which also ruled in favour of workers.

“Still not satisfied, the Employers Group appealed to the ICJ which decided the matter in favour of workers.”