Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations received on 1 September 2016 and 1 September 2018 from the International Trade Union Confederation (ITUC) concerning the application of the Convention in practice. The ITUC denounces: (i) police violence and disruption against peaceful demonstrations in August 2017, July and August 2018, and the arrest and detention of union leaders after these demonstrations; (ii) dismissal of union leaders for their participation in a strike action in the sugar industry; and the refusal of two companies in the textile industry to recognize company unions affiliated to the Amalgamated Trade Unions of Swaziland (ATUSWA). The Committee is of the view that the exercise of trade union rights is incompatible with violence or threats of any kind. It is therefore important that all allegations of violence against workers who are organizing or otherwise defending workers’ interests be thoroughly investigated with a view to establishing the facts, determining violations and responsibilities, punishing the perpetrators and preventing the recurrence of such acts. In this regard, the Committee duly notes the detailed comments provided by the Government in reply to the allegations explaining the particular circumstances of the intervention of the security forces in each instance and indicating that in some cases the unions had subsequently resorted to the Conciliation Mediation and Arbitration Commission (CEMAC) and the Industrial Court. The Committee also notes the Government’s statement that relations between the Government and the labour movement have improved in the past two years courtesy of the promulgation of the Code of Good practice for managing industrial and protest actions (2015), the Code of Practice on gatherings (2017) and the Public Order Act (2017), respectively, and the ongoing process of disseminating these codes through various workshops among key stakeholders, including the social partners, the police, the correctional services staff, municipal councils, etc., with the technical assistance of the Office. The Committee requests the Government to provide follow-up information with regard to the outcome of the legal and mediation proceedings mentioned and trusts that the new dynamic described by the Government will contribute to a conducive climate free from violence, pressure and threats of any kind on the occasion of peaceful demonstrations by workers. It requests the Government to continue to provide detailed information on measures taken in this regard.

Articles 2, 3 and 5 of the Convention. Registration of workers’ and employers’ federations. In its previous comments, the Committee had requested the Government to indicate the steps taken to register ATUSWA following the adoption by Parliament of the Industrial Relations (Amendment) Act, 2014. The Committee notes with interest that the registration of ATUSWA was finalized in May 2016 by the issuance of the certificate of registration.

Legislative issues. The Committee recalls that for many years it has been requesting the Government to amend a number of legal texts which gave rise to practices which unduly restricted trade union demonstrations and other trade union activities, contrary to the Convention. It also recalls that since 2011 the Government has benefited from the technical assistance of the Office to review the provisions of these legal texts and adopt the necessary amending provisions with a view to ensuring that the legislation is used in full conformity with the Convention. The Committee takes note with satisfaction that the Government engaged in meaningful consultation with the social partners leading to the enactment of the following texts: (i) the Suppression of Terrorism (Amendment) Act (Act No. 11 of 2017 published in the Government Gazette of 8 August 2017); (ii) the Public Order Act (Act No. 12 of 2017 published in the Government Gazette of 8 August 2017); (iii) The Correctional Services Act (Act No. 13 of 2017 published in the Government Gazette of 31 October 2017); and (iv) The Public Service Act (No. 5 of 2018 published in the Government Gazette of 22 February 2018). In particular, the Committee notes with satisfaction that the Correctional Services Act recognizes the right to organize for the members of the Correctional Services and thus to prison staff (section 112 of the Act), and provides that the process of registration, monitoring and regulation of their staff association shall be governed by the relevant provisions of the Industrial Relations Act (section 113). More generally, the Committee acknowledges this significant progress and trusts that the Government will pursue its efforts towards ensuring that these new legal texts are implemented with a view to guarantee the exercise of trade union rights in full conformity with the principles enshrined in the Convention.

The Committee is raising other matters in a request addressed directly to the Government.