10 March 2017

The United Nations' Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, has reminded member states of the International Labour Organization (ILO) - including the UK - that they have a positive obligation to uphold the right to strike.

Speaking at an ILO meeting on Monday 06 March 2017 in Geneva, Kiai argued that the right to strike is fundamental to the preservation of democracy.

"The concentration of power in one sector – whether in the hands of government or business – inevitably leads to the erosion of democracy, and an increase in inequalities and marginalization with all their attendant consequences. The right to strike is a check on this concentration of power," he explained.

The right to strike has been established in international law as a corollary to the right of freedom of association for decades, and is enshrined in the European Convention on Human Rights as Article 11.

As a member state of the ILO and of the EU, the UK is legally obliged to uphold the right to strike, although through the Trades Union Act 2016 and the anti-trade union laws that preceded it, the government is making it harder and harder for trade unions to take industrial action. Kiai criticised such actions, saying government's have a duty not to impede workers' ability to take industrial action.

"I deplore the various attempts made to erode the right to strike at national and multilateral levels," the expert said, reminding delegates: "Protest action in relation to government social and economic policy, and against negative corporate practices, forms part of the basic civil liberties whose respect is essential for the meaningful exercise of trade union rights. This right enables them to engage with companies and governments on a more equal footing, and Member States have a positive obligation to protect this right, and a negative obligation not to interfere with its exercise."