Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the Government's report. The Committee recalls that, for a number of years, its previous comments concerned discrepancies between the Convention and the 1980 Industrial Relations Act and the 1973 Decree on Meetings and Demonstrations.

Article 2 of the Convention

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

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

- 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 organization or federation to obtain authorization before affiliating with any international organization (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, in particular in the postal, radio and teaching sectors (section 65(6) of the Act);

- 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));

- important restrictions of the rights of organizations to hold meetings and peaceful demonstrations (section 12 of the 1973 Decree).

The Committee notes with interest the information provided by the Government in its report that a draft Industrial Relations Bill, which takes into consideration the comments of the Committee of Experts, has been elaborated and was submitted to Parliament in 1995. The draft has been approved by the National Assembly and needs to be submitted to the Senate. In addition a draft amendment of the Employment Act was also elaborated in 1995. It will have to be discussed in a tripartite commission before being submitted to the competent authorities. The Government adds that it will provide copies of these two texts as soon as they are adopted.

The Committee trusts that these two texts will bring the legislation into full conformity with the requirements of the Convention. It requests the Government to transmit, in its next report, copies of the two drafts in question, even if they have not yet been adopted, so as to enable the Committee to examine their conformity with the Convention and, if they have already been adopted, it requests the Government to transmit them in their final version.