Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 2 and 3 of the Convention. Criteria for determining the most representative employers’ and workers’ organizations. The Committee recalls its 2017 observation, in which it noted the Government’s indication that one of the key challenges affecting social dialogue in Eswatini was the absence of clear criteria for determining the most representative employers’ and workers’ organizations for purposes of the Convention. On the question of the establishment of clear and transparent criteria for determining the most representative organizations of employers and workers, the Government indicates that the definition of such criteria was left to the social partners. Therefore, it was agreed that the workers’ federations (the Trade Union Congress of Swaziland (TUCOSWA) and the Federation of Swaziland Trade Unions (FESWATU)) and the employers’ federations (Business Eswatini (BE) and the Federation of the Swazi Business Community (FESBC)), would hold their own bilateral discussions on this issue and inform the Government of the outcomes. Subsequently, the workers’ federations signed a Memorandum of Understanding (MoU) on this issue on 21 February 2019. The employers’ federations have not yet informed the Government of the outcome of their bilateral discussions in this regard. The Committee notes that the Government provides a copy of the MoU signed by the workers’ federations. The Committee invites the Government to provide updated information in its next report on developments in relation to this issue.

Article 5(1). Effective tripartite consultations. The Committee welcomes the information provided by the Government relative to the two main tripartite social dialogue institutions established in Eswatini: the Labour Advisory Board (LAB) and the National Steering Committee on Social Dialogue (NSCSD). The Committee notes that, pursuant to section 24(1) of the Industrial Relations Act, No. 1 of 2000, LAB is mandated to, among other things, carry out tripartite consultations in respect of all of the matters relative to international labour standards enumerated under Article 5(1) of the Convention. With regard to the frequency of consultations, section 25(4) of the Industrial Relations Act provides that LAB shall convene four times a year, or upon presentation of a petition by any six members of LAB. The Government indicates, however, that over the years, some overlaps occurred with regard to the functions of LAB and the NSCSD. In particular, some of the issues that pertain to the mandate of LAB pursuant to Part III of the Industrial Relations Act, such as consultations on reports to be submitted to the ILO and matters relating to preparations for the annual International Labour Conference, were being tabled for discussion before the NSCSD instead of LAB. This situation gave rise to confusion regarding the functioning of these two national social dialogue institutions. This issue was raised by the social partners during a special social dialogue meeting held on 10 December 2018 in the Ministry of Labour and Social Security. At the initiative of the tripartite constituents, an Ad Hoc Tripartite Working Committee on Social Dialogue was created to study options for strengthening the national social dialogue structures and clarify the functions of the two tripartite bodies to avoid any similar confusion in future. The Government adds that, to improve the practical implementation of the Convention, the Ad Hoc Tripartite Working Committee will collaborate with the ILO-Pretoria office. The Committee notes the information provided by the Government regarding the activities of LAB and the NSCSD; however, it notes that the report contains no information on tripartite consultations relating to the matters required under Article 5(1) of the Convention. The Committee therefore reiterates its request that the Government provide detailed information on the content and outcome of the tripartite consultations held in Labour Advisory Board (LAB) on the matters relative to international labour standards covered by the Convention under Article 5(1)(a)–(e). It further requests the Government to communicate updated information in its next report on developments with regard to the clarification of the mandates and activities of LAB and the National Steering Committee on Social Dialogue, as well as in respect to its efforts to strengthen and promote social dialogue more generally.

Article 5(1)(c) and (e). Prospects of ratification of unratified Conventions and proposals for the denunciation of ratified Conventions. The Government refers to a communication of 9 April, 2019 from the Director of International Labour Standards, drawing its attention to the impact that the submission of four outdated Conventions, notably the Underground Work (Women) Convention, 1935 (No. 45), to the International Labour Conference for abrogation in 2024, will have on the Kingdom of Eswatini, considering the country’s ratification status. The Government reports that this matter will be tabled before LAB in its first meeting following the appointment of a new Board. The Government further indicates that a Decent Work Country Programme (DWCP) is currently being drafted for the country, which will include proposals for the ratification of certain international labour standards. The Government refers to the possibility of requesting the technical assistance of the ILO in this regard. The Committee encourages the Government to avail itself of ILO assistance, as appropriate, and invites 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. In particular, and recalling its 2017 observation, noting that the Labour Advisory Board had agreed on a time-bound work plan in 2016 to discuss the possible ratification of the Domestic Workers Convention, 2011 (No. 189), the Committee requests the Government to provide information on progress in respect of such discussions and their outcomes.