Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - South Africa (Ratification: 1996)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in communications dated 4 August 2011 and 31 July 2012, alleging in particular, in different sectors, several instances of acts of violence, leading to injuries and death, arrests of striking workers as well as the dismissal of strikers (communication, pharmaceutical, retail chain, poultry, public and municipal sectors). The Committee recalls that it considers that in the event of assaults on the physical or moral integrity of individuals, an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts. Furthermore, the Committee recalls that the arrest, even if only briefly, of trade union leaders and trade unionists, and of the leaders of employers’ organizations, for exercising legitimate activities in relation with their right of association constitutes a violation of the principles of freedom of association. The Committee also notes from the ITUC’s communication the difficulties faced by casual workers to join a trade union. While taking due note of the Government’s report on the implementation of the Convention, the Committee requests the Government to provide its observations to the ITUC’s serious comments, as well as the ITUC’s 2008 and 2010 comments. Finally, the Committee notes from the ITUC’s communication that a Labour Relations Amendment Bill has been finalized in 2012 and requests the Government to provide information on any developments in this regard.