Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Eswatini (Ratification: 1978)

Comments from employers’ and workers’ organizations. The Committee notes the 2013 comments made by the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC) concerning issues already under examination as well as allegations of continued restrictions of trade union activities in practice. The Committee takes note in particular of the ITUC’s denunciation of the refusal of the Government to register the Amalgamated Trade Union of Swaziland (ATUSWA) in September 2013, the shutdown by the police of a Global Inquiry Panel held in September 2013 and the brief detention of some of its participants. Noting the seriousness of these latest allegations, the Committee urges the Government to provide its observations thereon.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee notes the discussion which took place in the Conference Committee in June 2013. The Committee observes that the Conference Committee took note of the Government’s statement that all pending legislative issues would be attended to within the framework of the relevant tripartite institutions as a matter of urgency. Furthermore, the Conference Committee observed, in its conclusions, the grave issue concerning the revocation of the registration of the voluntarily unified Trade Union Congress of Swaziland (TUCOSWA) in April 2012, strongly urged the Government to immediately take the necessary steps to ensure that the social partners’ views were duly taken into account in the finalization of the Industrial Relations Amendment Bill, and expected that this action would enable all the social partners in the country to be recognized and registered under the law, in full conformity with the Convention. The Conference Committee also expected that the tripartite structures in the country would effectively function with the full participation of all social partners, including TUCOSWA, and that the Government would guarantee that these organizations could exercise their rights under the Convention and the Industrial Relations Act (IRA). Finally, the Conference Committee called on the Government to accept a high-level ILO fact-finding mission to assess the progress made on pending matters, including the steps taken to amend the IRA to enable federation registration and the actual registration of the TUCOSWA.

The present Committee also takes note of the latest conclusions and recommendations of the Committee on Freedom of Association concerning the revocation of the registration of the TUCOSWA (Case No. 2949) and, in particular, that the Committee on Freedom of Association urged the Government to ensure that the amendments to the IRA were adopted without delay so that federations of workers and employers could be registered and function in the country, and requested that, in the meantime, the TUCOSWA be able to effectively exercise all its trade union rights without interference or reprisal against its leaders, including the right to engage in protest action and peaceful demonstrations in defence of its members’ occupational interests.

The Committee takes due note of the information provided by the Government on progress achieved to follow up on the comments made by the Committee for many years. It notes in particular the Government’s indication that the tripartite structures in the country are functioning with the full participation of the federations of employers and workers (the Federation of Swazi Employers and Chamber of Commerce, the Federation of the Swazi Business Community and TUCOSWA). The Committee notes with regret the Government’s indication that the IRA amendment bill, approved by Cabinet and published as Bill No. 14 of 2013, could not be tabled to Parliament due to other pressing parliamentary issues (the Government had committed to table the Bill by the end of June 2013). The Committee further observes with deep regret that the TUCOSWA is still not registered and urges the Government to ensure that the necessary steps are taken for the registration without delay of the TUCOSWA and the other workers’ and employers’ federations affected.

Furthermore, while taking note of the information on the meetings held within the National Steering Committee on Social Dialogue and the Labour Advisory Board, the Committee firmly trusts that the Government will report in the near future on concrete progress made on the Committee’s long-standing requests concerning amendments and modifications to the following legal texts:

• – The Public Service Bill: The Committee notes that the bill is pending before the Labour Advisory Board.
• – The Industrial Relations Act (IRA): The Committee notes from the Government’s report that the Labour Advisory Board agreed in July 2013 to set up a subcommittee to review the whole Act and come up with proposed amendments taking into account the Committee’s previous recommendations concerning the civil and criminal liabilities of trade union leaders and the determination of a minimum service in sanitary services.
• – The 1973 Proclamation and its implementing regulations: In relation to the status of this Proclamation, the Committee notes that its previous recommendations have been discussed in June 2013 within the Steering Committee on Social Dialogue and are still part of its agenda.
• – The 1963 Public Order Act: The Committee has been requesting the Government for a number of years to take the necessary measures to amend the Act so as to ensure that it could not be used to repress lawful and peaceful strike action. The Committee notes the indication that the Attorney-General will review the Act and submit a progress report to the Steering Committee on Social Dialogue.
• – The Correctional Services (Prison) Bill: In relation to the recognition of the right to organize of prison staff, the Committee previously noted that the draft Correctional Services (Prison) Bill was circulated to the Labour Advisory Board in September 2012. The Committee notes that no information has been provided on the present status of the Bill.
• – The Code of good practice for protest and industrial action: The Committee notes that the technical assistance of the Office has been requested in June 2013 to finalize the Code.

Finally, noting with regret that the high-level ILO fact-finding mission requested by the Conference Committee was postponed until next year, the Committee firmly hopes that it will take place in the near future and that it will be able to assess tangible progress on the pending issues.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2014.]