In its conclusions and recommendations, the Committee supports the UEN’s criticism of Norway’s use of compulsory arbitration.
The Committee regrets Norway’s use of compulsory arbitration to end lawful strikes. The intervention by compulsory arbitration in the 2022 teachers’ strike is similar to interventions in similar cases for which Norway has previously been criticized by the Committee. The Committee describes the use of compulsory arbitration to end a lawful strike as a longstanding challenge and urges the Norwegian Government, to find solutions that can reduce the use of compulsory arbitration going forward, in consultation with the social partners.
The UEN is pleased that the ILO has provided such support to teachers. The right to strike is a fundamental human right and is absolutely essential for the trade union movement.
UEN notes especially the Committee’s statement that the possible long-term consequences of a strike in the teaching sector do not, in themselves, justify prohibition of strike. This is important because, in its complaint, the UEN particularly emphasized that the Government’s decision to impose compulsory arbitration was made without knowledge of the actual consequences, and was primarily based on vague concerns about the long-term effects of a teachers’ strike. Moreover, and importantly, the Committee’s statement supports the extensive right to strike in the education sector, something UEN considers highly significant going forward.
The Committee concludes that it is difficult to reconcile the use of compulsory arbitration outside of essential services with the right to strike and the principle of the voluntary nature of collective bargaining. In this context, the Committee reminds that, it is possible to establish minimum services in the education sector, in full consultation with the social partners, in cases of strikes of long duration.
Following the use of compulsory arbitration in 2022, the Government established a working group to explore possibilities for reducing the use of compulsory arbitration. The Committee views this positively and notes that the Government has expressed commitment to continue dialogue with the social partners on reducing the use of compulsory arbitration, and, in this context, to resume discussions on minimum services.
