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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Eswatini (Ratification: 1978)

Comments received from the International Trade Union Confederation. The Committee notes the communication dated 31 July 2012 from the International Trade Union Confederation (ITUC) which denounces continued repression of trade union activities and reports police brutality and harassment against trade unionists and trade union leaders of the Swaziland Federation of Trade Unions (SFTU), the Swaziland Federation of Labour (SFL) and the Swaziland National Association of Teachers (SNAT), and the arrest and expulsion of officials from the Congress of South African Trade Unions (COSATU). In view of the seriousness of these allegations, the Committee cannot but firmly recall that rights of employers’ and workers’ organizations can only be guaranteed where fundamental human rights are respected and exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations. The Committee urges the Government to ensure that this principle is respected and requests it to provide its reply to the comments of the ITUC.

The Committee had previously noted allegations from the ITUC on a number of acts of anti-union discrimination in the textile sector and in export processing zones (EPZs), and requested information on collective bargaining practices in the EPZs. The Committee notes the indication that, out of 23 textile factories inspected in 2011 in the EPZs, only six had a recognition agreement with the trade unions, which shows limited collective bargaining in the sector. However, the Government also presents the possibility for a trade union seeking recognition to refer a dispute to the Conciliation Mediation and Arbitration Commission (CMAC) under section 42 of the Industrial Relations Act as amended in 2005. The Committee further notes that in its communication the ITUC alleges that collective bargaining in the public sector is restricted in its coverage since the Ministry of Public Administration, Employment and Social Security sets wages and benefits on an annual basis in consultation – but without negotiation – with the trade unions. The Committee requests the Government to provide information on the status of collective bargaining in all sectors, including in the EPZs, following the entry into force of Industrial Relations (Amendment) Act No. 6 of 2010 which modified section 42 by requiring employers with more than two unrecognized unions to give collective bargaining rights to such unions to negotiate on behalf of their members (the Committee had noted this progress in its previous comments). It also requests the Government to clarify whether negotiation with trade unions is possible when setting wages and benefits in the public sector.

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee recalls that its previous comments referred to the need to adopt specific provisions accompanied by sufficiently dissuasive sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations. The Committee notes the Government’s statement according to which this matter is part of the agenda of the Labour Advisory Board meeting scheduled in October 2012 and any progress made in this regard will be reported back to the Committee. The Committee requests the Government to indicate any progress made to ensure that workers and their organizations are effectively protected against acts of interference and anti-union discrimination (in view of the allegations of the ITUC), in accordance with the Convention.