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Right to Strike Protected under Key Labour Treaty, Says UN World Court

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The International Court of Justice (ICJ) has ruled that citizens’ right to strike is protected under a core International Labour Organization (ILO) convention.

The UN World Court, in a landmark advisory opinion of 10 votes to four, settled a long-running dispute between workers and employers worldwide.

Based in The Hague, the ICJ is the United Nations’ principal judicial organ and is composed of 15 judges elected by the UN General Assembly and Security Council.

ICJ ruled “the right to strike of workers and their organizations is protected” under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.

87).

Convention 87 of 1948 guarantees workers and employers the right to establish and join organizations of their own choosing without prior authorization, ensuring they can operate freely without state interference.

The Court, however, stressed that its opinion did not define the exact scope of the right to strike.

Its conclusion, the judges held, “it does not entail any determination on the precise content, scope or conditions for the exercise of that right.”

The case was referred to the Court by the ILO’s Governing Body in November 2023, after years of disagreement among the agency’s core constituents – governments, employers and workers.

The disagreement bothered on whether Convention No. 87 protects the right to strike, even though the treaty does not explicitly mention strikes.

At the heart of the dispute was whether the right to organize under Convention No. 87 includes the right of workers and their organizations to take strike action.

Employers’ groups stress that the convention contains no provision whose ordinary meaning implies such a right, and that the treaty’s drafting history showed no intention to include strike action.

Workers’ representatives, by contrast, argue that the right to strike is inherent in freedom of association and has long been recognized by ILO supervisory bodies.

The ILO said its Governing Body is expected to consider the matter at its November session, including any follow-up.

The Court acknowledged that Convention No. 87 “does not contain an explicit reference to the right to strike”.

ICJ, however, said the absence of such a provision “does not necessarily mean that the issue is excluded” from the treaty.

The judges found that strike action could fall within the ordinary meaning of workers’ organizations’ “activities” under the Convention.

The judges added that strike action could also fall within provisions protecting the right of workers and employers to form organizations and defend their interests.

While the Court was unanimous that it had jurisdiction and should answer the ILO’s request, four judges dissented from the central conclusion.

The case was only the second time in ILO history that a question concerning interpretation of an international labour convention had been referred, and the first such request to the ICJ since its creation in 1945.

ICJ advisory opinions are not binding judgments but they carry significant legal and political weight, shaping debates and national and international law.

Foreign News

Poland Bans Smartphones in Primary Schools

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Poland plans to ban mobile phones in all primary schools from next academic year under draft legislation approved by the government on Tuesday.

The proposal, which will now be submitted to parliament, would take effect on September 1, 2026.

In Poland, primary school education runs through the eighth grade.

The planned law would prohibit the use of mobile phones and other devices capable of recording audio or video during lessons and breaks.

The ban would apply to both public and private schools, the Education Ministry said.

Exceptions would be permitted when the use of a phone is required for teaching purposes, educational support, or for health and safety reasons.

Education Minister Barbara Nowacka said the measure is a response to calls from teachers for stricter rules on smartphone use in schools.

She said that more than half of Poland’s schools have already introduced similar restrictions on a voluntary basis.

The government also approved a package of measures aimed at strengthening child protection online, which must likewise be approved by parliament.

The proposals include tighter restrictions on minors’ access to websites containing pornography and measures designed to speed up the removal of illegal online material.

Under the plans, operators of adult-content websites would be required to verify users’ ages anonymously, without collecting browser data or personal information.

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DR Congo Reopens Bunia Airport after 10-Day Closure amid Ebola Outbreak

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Authorities in the Democratic Republic of Congo (DRC) have reopened the main airport in Ituri Province, the epicentre of the country’s ongoing Ebola outbreak, after a 10-day suspension of commercial flight operations.

The airport in Bunia, the capital of Ituri, resumed operations on Tuesday following the implementation of health and safety measures aimed at containing the spread of the disease.

The DRC is currently battling a major outbreak of Ebola, a highly contagious haemorrhagic fever that is suspected to have claimed at least 246 lives in the country and neighbouring Uganda, according to the Africa Centres for Disease Control and Prevention.

On May 23, authorities halted all commercial flights to and from Bunia Airport in eastern DRC, a region already affected by armed conflict. During the closure, only humanitarian and medical flights were permitted to operate.

Health Minister Samuel Roger Kamba said the temporary shutdown was necessary to allow authorities to introduce measures designed to safeguard travellers and limit the risk of transmission.

Announcing the reopening on Tuesday, the transport ministry said an assessment of the outbreak response and monitoring systems had been conducted.

“Conditions are now in place for a gradual and safe resumption of flights.”

The government said the reopening would be carried out progressively while health authorities continue efforts to contain the outbreak.

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Five Patients Recover from Ebola in DR Congo

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Health authorities in the Democratic Republic of Congo are celebrating after five patients, who had Ebola and now recovered, were allowed to leave the hospital.

The current outbreak is suspected to have killed almost 250 people.

But those infected can get better and officials stress that people should seek medical help if they believe they have contracted the virus.

On Sunday, there was a ceremony for a group of four nurses who were discharged from a hospital in Bunia, the provincial capital of Ituri, the epicentre of the outbreak.

“We were really demoralised because we knew that at some point… we were going to die. That was it… I’m telling you, if you have never been isolated, you will not know that it’s not easy,” Nurse Etienne Ezo told the Reuters news agency as he reflected on his experience.

The first survivor, a laboratory worker, to have recovered left hospital last week.

Health workers are on the frontline in the battle against the spread of the virus and are often the most at risk.

“This encouraging milestone bears witness to the effectiveness of field interventions: early detection, medical care, contact tracing and community engagement,” DR Congo’s Institute of Public Health wrote on social media.

Its director, Dr. Mwamba Kazadi, described the recoveries as a victory worth celebrating, adding that early detection and strong care make a difference.

Tedros has called on communities to work with medical staff after some residents attacked health centres over strict burial rules. The bodies of those suspected of having died of Ebola are not allowed to be handled by grieving relatives, regulations which clash with local traditions.

In a joint statement with the Congolese government on Sunday, he said local communities are “at the heart of the solution” and that “success” in their response depends on their trust and engagement.

“Persistent challenges include early detection and isolation of cases, contact tracing, safe and dignified burials, robust infection prevention and control in health facilities, and strong community awareness.

“The Government and WHO call on all communities to continue adopting protective behaviours, including regular hand hygiene, early care seeking in health facilities, and sharing accurate information.”

There are now more than 1,000 suspected Ebola cases in the DR Congo, and at least 246 deaths. Neighbouring Uganda has reported nine confirmed cases and one death.

But in some affected areas, there is a sense of normality. In Bunia, schools and markets are open as people continue to go about their daily activities.

The current outbreak – the 17th in DR Cngo’s history – is caused by the Bundibugyo species of Ebola, which has no approved vaccines, though some are being worked on now.

While cases are concentrated in DR Congo’s Ituri, North and South Kivu provinces, and some in Uganda’s capital Kampala, people have also been tested outside of Africa.

Health officials in Brazil said on Saturday that they were investigating two suspected Ebola cases in São Paulo state.

Meanwhile, protests have erupted in the Kenyan town of Nanyuki over US plans to construct an Ebola quarantine facility for American citizens at an air base.

Residents marching through the streets say the facility may expose local people to infection and an outbreak of the virus. There have been no recorded cases of Ebola in the country.

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