Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Eswatini (Ratification: 1981)

Articles 2, 3 and 5 of the Convention. Representativeness. Effective tripartite consultations. Representation of the social partners. In its previous comments, the Committee requested the Government to provide information on the content and outcome of the tripartite consultations held on the matters regarding international labour standards covered by the Convention (Article 5) and the measures taken to select the most representative organizations of employers and workers in the tripartite bodies discussing international labour standards. The Government reports that there are two institutionalized national social dialogue structures in Swaziland: the Labour Advisory Board (LAB) and the National Steering Committee on Social Dialogue (NSCSD). Pursuant to section 2 of the Industrial Relations Act, No. 1 of 2000, the LAB is mandated to: examine items or texts to be discussed by the International Labour Conference (ILC); prepare for the submission of Conventions and Recommendations to the competent authorities; provide measures for the implementation of Recommendations or the ratification of Conventions; address questions arising out of reports submitted under articles 19 and 22 of the ILO Constitution; and examine the possible denunciation of ratified Conventions. The Government adds that the tripartite consultations relating to international standards, as required under Article 5 of the Convention, are carried out in the LAB. In contrast, the NSCSD was established to facilitate social dialogue in respect of all other socio-economic issues which are not within the scope and mandate of the LAB. The Government indicates that one of the key challenges affecting social dialogue in Swaziland is the absence of clear criteria for determining the most representative employers’ and workers’ organizations for purposes of the Convention. It adds that discussions in this regard are currently pending before the NSCSD. The Committee refers to its General Survey on tripartite consultations, 2000, paragraph 34, in which it indicates that if in a particular country there are two or more organizations of employers or workers which represent a significant body of opinion, even though one of them may be larger than the others, they may all be considered to be “most representative organizations” for the purpose of the Convention. The Government should endeavour to secure an agreement of all the organizations concerned in establishing the consultative procedures provided for by the Convention, but if this is not possible it is in the last resort for the Government to decide, in good faith, in the light of the national circumstances, which organizations are to be considered as the most representative. The Committee reiterates its request to the Government to provide detailed information on the frequency, content and outcome of the tripartite consultations held in the Labour Advisory Board on the matters regarding international labour standards covered by the Convention under Article 5(1)(a)–(e). It also requests the Government to communicate information regarding the tripartite discussions held and the measures taken or envisaged with respect to the development of clear and transparent criteria for selecting the most representative organizations of employers and workers for purposes of the Convention.

Article 5(1)(c) and (e). Prospects of ratification of unratified Conventions and proposals for the denunciation of ratified Conventions. The Government indicates that a time-bound work plan to consider the ratification of the Domestic Workers Convention, 2011 (No. 189), was agreed upon by the LAB on 17 August 2016, but that implementation of the work plan has been delayed due to reasons beyond the parties’ control. Therefore, the LAB will discuss revising the timelines set in the work plan in order to envisage the ratification of the Convention, No. 189, before the end of November 2017. The Government undertakes to keep the Committee informed of progress made in this regard. The Committee requests the Government to provide updated information on the content and outcome of tripartite consultations held regarding the possible ratification of up-to-date Conventions as well as in relation to the possible denunciation of outdated Conventions.