Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the statement made by the Government representative to the 1999 Conference Committee and the discussion which took place therein as well as the comments made by the Swaziland Federation of Trade Unions (SFTU) on the application of this Convention.

The Committee once again recalls that its previous comments concerned the following discrepancies between the 1996 Industrial Relations Act and the provisions of the Convention:

-- the exclusion of prison staff from the provisions of the Act (section 91(c)) and thus from the right to organize;

-- the obligation upon workers to organize within the context of the industry in which they exercise their activity (section 27 of the Act) and the power of the Labour Commissioner to refuse to register a trade union if he or she is satisfied that an already registered organization is sufficiently representative (section 30(5) of the Act);

-- the prohibition of a federation or any of its officers from causing or inciting the cessation or slow-down of work or economic activity upon punishment of imprisonment up to five years (section 40(3) of the Act);

-- limitation of the activities of federations to that of providing advice and services (section 40 of the Act);

-- prohibition of the right to strike in the broadcasting sector under punishment of one year's imprisonment for the holder of an office in an organization or federation and possible disqualification from holding office for one year (section 73(5 and 6) of the Act);

-- power of the Minister to apply to the court to enjoin any strike or lock-out if he or she considers that the "national interest" is threatened (section 70(1) of the Act);

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

-- the prohibition of sympathy strikes (section 87(1)(e) of the Act);

-- strike ballots conducted by the Commissioner of Labour and the requirement that a majority of the employees concerned approve such action (section 66(1)(b));

-- penal sanctions ranging from one to five years for various "unlawful" forms of industrial action under sections 69(2), 72(3), 73(3-5), 74 and 87(3), including with respect to restrictions which are in violation of the principle of the right to strike;

-- the power of the court to limit the non-occupational activities or wind up an organization or federation which has devoted more funds and more of the time of its officers to campaigning on issues of public policy or public administration than to protecting the rights and advancing the interests of its members (section 42(2));

-- the power of the court to cancel or suspend registration of any organization taking strike action which is not in conformity with the Act, even for simple procedural violations (section 69(1)(b));

-- obligation to consult the Minister prior to international affiliation (section 41(1) of the Act.

The Committee had however noted that a new Industrial Relations Bill drafted by a national tripartite committee in 1998, with the technical assistance of the International Labour Office, had eliminated the abovementioned discrepancies.

The Committee notes with deep regret from the Government's statement at the 1999 Conference Committee on the Application of Conventions and Recommendations that this Bill is still being discussed in Parliament despite the urgency of the calls to the Government both from the Conference Committee and this present Committee to take the necessary steps to ensure the adoption of the Bill in the very near future.

As concerns section 12 of the 1973 Decree on the rights of organizations and the 1963 Public Order Act, the Committee notes the concerns once again expressed by the SFTU in its comments that these provisions were used to suppress legitimate workers' action. The Committee expresses the firm hope that the Government will take the necessary measures, including through the passage of the Industrial Relations Bill, to ensure that the 1973 Decree and the 1963 Public Order Act may no longer be used to interfere with the rights of workers' organizations to organize their administration and activities and to formulate their programmes.

The Committee must once again express the firm hope that the Industrial Relations Bill will be adopted in the very near future. It requests the Government to transmit a copy of the final text to the Office as soon as it is adopted.

The Committee is also addressing a request directly to the Government on certain points.

[The Government is asked to provide full particulars to the Conference at its 88th Session.]