Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - South Africa (Ratification: 1996)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010, reporting in particular acts of violence and arrests of workers – including trade union leaders – during the course of demonstrations and strikes in various sectors (municipal workers, communication workers, paper workers, clothing workers, parking attendants, hotel workers, etc.), as well as the dismissal of strikers, in 2009. The Committee wishes to recall as a general principle that trade union rights include the right to organize and participate in public demonstrations and the authorities should resort to the use of force only in situations where law and order is seriously threatened. The Committee further notes that, according to the ITUC, although the right to strike is recognized for all workers including in the public sector, it is undermined by the legal right of employers to hire replacement workers during a strike. The Committee recalls that in 2008 the ITUC had sent comments on serious infringement of trade union rights including attempts to obstruct unionization in the agricultural and communication sectors, police repression during a general strike and, in the mine sector, intimidation and mass dismissals following strikes. While taking due note of the Government’s report on the implementation of the Convention, the Committee requests the Government to provide its observations to the ITUC’s comments of 2008 and 2010.