The President of the Court authorizes Brazil to participate in the proceedings

INTERNATIONAL COURT OF JUSTICE Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928 Website X YouTube LinkedIn Press Release Unofficial No. 2024/50 3 June 2024 Right to Strike under ILO Convention No. 87 (Request for Advisory Opinion) The President of the Court authorizes Brazil to participate in the proceedings THE HAGUE, 3 June 2024. The President of the International Court of Justice has authorized Brazil, at its request, to participate in the advisory proceedings concerning the Right to Strike under ILO Convention No. 87. Brazil based its request to participate in the proceedings on Article 66, paragraph 3, of the Statute of the Court. The President has decided that, as a member of the International Labour Organization (ILO), Brazil is likely to be able to furnish information on the question put to the Court by the ILO’s Governing Body. Brazil may therefore submit a written statement to the Court by 4 June 2024, and written comments on the written statements made by other authorized organizations or by States parties to ILO Convention No. 87 within the time-limit of 16 September 2024, as fixed by the Court in its Order of 16 November 2023. The subsequent procedure has been reserved for further decision. ___________ History of the proceedings On 10 November 2023, the Governing Body of the ILO, at its 349th bis (special) session, adopted a resolution on the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) with respect to the right to strike, requesting an advisory opinion from the Court. - 2 - In its resolution, the Governing Body states that it is “[c]onscious that there is serious and persistent disagreement” among the Organization’s tripartite constituents on the interpretation of the Convention, and decides, in accordance with Article 37, paragraph 1, of the ILO Constitution, “[t]o request the International Court of Justice to render urgently an advisory opinion under Article 65, paragraph 1, of the Statute of the Court, and under Article 103 of the Rules of Court, on the following question: Is the right to strike of workers and their organizations protected under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)?” The request for an advisory opinion was transmitted to the Court by the Director-General of the ILO by a letter dated 13 November 2023. On 16 November 2023, the Court made an Order organizing the proceedings, in which it fixed the time-limits for the presentation of written statements and for written comments on those statements. The Court subsequently authorized the United States of America and the Organisation of African, Caribbean and Pacific States, at their request, to participate in the proceedings. Earlier press releases relating to this case are available on the Court’s website. ___________ Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents. ___________ The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system. ___________ Information Department: Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336 Ms Joanne Moore, Information Officer: +31 (0)70 302 2337 Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394 Email: [email protected]