Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

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

The Committee notes the Government's report. With reference to its previous comments, and in particular its detailed observation of 1990, the Committee recalls that the discrepancies between the legislation and the Convention related to the following points under the 1980 Industrial Relations Act:

Article 2 of the Convention

- non-recognition of the right of association of prison staff (section 83(c));

- obligation upon workers to organise within the context of the industry in which they exercise their activity (section 2(1) and (2));

- power of the Labour Commissioner to refuse to register a trade union if he considers that the interests of the workers are fully or substantially represented by a trade union that has already been registered (section 23), even though, by virtue of section 24(1)(d) an appeal may be made against such a refusal before the Labour Tribunal;

- obligation for an occupational organisation or federation to obtain authorisation before affiliating with any international organisation (section 34(1)).

Article 3 of the Convention

- prohibition on federations from carrying out political activities and limitation of their activities to providing advice and services (section 33);

- prohibition of the right to strike in certain sectors or services, including, in particular, the postal, radio and teaching sectors (section 65(6));

- power of the Minister to refer any dispute to compulsory arbitration if he considers that a current or pending strike constitutes a threat to the national interest (section 63(1)).

The Committee notes the Government's statement that it is taking measures to propose amendments to the competent authorities, and its undertaking to keep the Committee informed of developments in this respect.

The Committee trusts that the Government will take account of the above comments and its previous observations when reviewing its legislation so as to give effect to the Convention, with the technical assistance of the ILO. It requests the Government to transmit copies of any legislative amendments in this regard as soon as they have been adopted.

The Committee is also addressing a direct request to the Government on the right of workers' organisations to hold meetings for trade union purposes without prior authorisation from the police.