Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the report of the Government and the statement made by the Government representative to the Conference Committee in 2002 and the discussion that followed. It further notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention and requests the Government to transmit its comments thereon.

Article 2 of the Convention. Noting the statement in the Government’s report, that due to the unique local conditions no legislative changes have been made to ensure the right to organize for prison staff, the Committee recalls that under Article 2 of the Convention, workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization. The Committee once again requests the Government to amend its legislation or enact separate legislation to ensure that prison staff are granted the right to organize in defence of their economic and social interests.

Article 3. In its previous comments, the Committee had noted the lengthy procedure required before strike action could be taken legally, and had recalled that provisions which require workers’ organizations to observe certain procedural rules before launching a strike are admissible, provided they do not make the exercise of the right to strike impossible or very difficult in practice. The Committee notes that the Government did not address this issue in its report. The Committee once again requests the Government to amend its legislation in order to decrease the length of the compulsory dispute settlement procedure provided for in sections 85 and 86, read with sections 70 to 82, of the Industrial Relations Act (IRA), 2000, and asks to be kept informed of progress in that regard.

The Committee also drew the attention of the Government to section 40(13) of the Act which ensures that federations, unions and individuals involved in protest action may only be subject to civil liability for criminal, malicious or negligent acts. The Committee requests once again that the Government keep it informed in future reports of any practical application of section 40 and, in particular, in regard to any charges brought by virtue of section 40(13).

Moreover, the Committee takes note with concern of the provisions in the Internal Security Bill, 2002, which confer broad powers on the public authorities to restrict public gatherings and boycotts under penalty of imprisonment. The Committee considers that such provisions could impair the guarantees set out in Article 3 of the Convention. It therefore requests the Government to indicate in its next report whether this Bill has been adopted and, if so, to transmit a copy of the adopted text.

In previous comments, the Committee had noted that section 12 of the Decree of 1973 on the rights of organizations was incompatible with the provisions of the Convention as it suppressed trade union rights and had expressed its hope that it would be abrogated with the adoption of the Industrial Relations Act of 2000. The Committee notes with concern that during the discussions of the application of the Convention at the Conference Committee in 2002, the 1973 Decree appears still to be in force. The Committee notes from the statement made by the Government representative that a committee has been established to draft the national Constitution in conformity with international standards. The Committee trusts that the process will ensure that trade unions rights will be respected and that the Decree of 1973, which had suspended all constitutional freedoms, will finally be repealed. The Committee requests the Government to keep it informed in its next report on all progress made in this regard.

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