Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Eswatini (Ratification: 1978)

The Committee notes the information provided in the Government's report, as well as the statement made by the Government representative to the 1998 Conference Committee and the discussion which took place therein. The Committee also notes the examination by the Committee on Freedom of Association of Case No. 1884 (311th Report, approved by the Governing Body at its 273rd Session (November 1998)).

The Committee would recall that its previous comments concerned numerous discrepancies between the 1996 Industrial Relations Act (IRA) and the provisions of the Convention. The Committee notes from the discussion in the Conference Committee that a national tripartite committee has drafted a new Industrial Relations Bill, with the technical assistance of the International Labour Office, which is aimed at bringing the industrial relations legislation into closer conformity with international labour standards. Upon the adoption of this Bill, the 1996 IRA would be repealed.

The Committee notes that the latest version of the Industrial Relations Bill would appear to resolve all the matters which had been raised in its previous comments. It notes from the Government's report that the Bill has been approved by Cabinet and is on its way to Parliament. The Committee must recall, however, the conclusions of the 1998 Conference Committee on the Application of Conventions and Recommendations in which the Government had been urged to ensure that this Bill be adopted before the possible dissolution of Parliament. The Committee urges the Government to take the necessary measures so that the Bill may be adopted in the very near future and requests it to transmit a copy of the text as soon as it has been passed.

As concerns its outstanding comments in respect of section 12 of the 1973 Decree on the Rights of Organizations and the 1963 Public Order Act, the Committee notes from the report of the Committee on Freedom of Association that the Government considers that these matters will be resolved as soon as the Industrial Relations Bill becomes law. The Committee would recall that the 1973 Decree and the 1963 Act, while concerning more generally mass actions which would result in a disturbance of the peace, had been used in the past to suppress strike action. The Industrial Relations Bill would indeed now appear to grant the exercise of such strike action by way of right. Furthermore, the Committee notes that section 103(1) of the Bill provides that a person holding a public office, or acting or purporting to act on behalf of anyone holding such office, shall not exercise any power conferred by or under any law in such a way as to impede the exercise of rights conferred or recognized by this Act. The Committee expresses the firm hope that, with the passage of this Bill, the 1973 Decree and the 1963 Public Order Act will no longer be able to be used in a manner so as to suppress legitimate trade union activities. In the meantime, the Committee trusts that the Government will take all measures necessary to ensure that neither the 1973 Decree nor the 1963 Public Order Act are used to suppress trade union activities.

[The Government is requested to provide full particulars to the Conference at its 87th Session.]