General Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

South Africa

1. The Committee refers to the general observations it has made since 1982 concerning reports received on the Conventions by which South Africa has remained bound since it withdrew from the ILO in 1964, namely, Nos. 2, 19, 26, 42, 45, 63 and 89. It notes that the Government has again supplied reports on all the Conventions in question; these have been examined in the light of the updated Declaration concerning Action against Apartheid and the Programme of Action annexed to it, as adopted by the International Labour Conference in 1988, which invites the Governing Body and the Director-General to use existing ILO procedures to attain the objectives assigned to the ILO under its Programme for the Elimination of Apartheid. In this regard, the Committee has also taken into account information contained in the Special Report of the Director-General on the Application of the Declaration concerning Action against Apartheid.

2. The Committee notes that the Government has once again referred separately in its reports to information relating to those parts of South Africa which constitute the so-called "independent homelands" (or "bantustans") of Transkei, Bophutatswana, Venda and Ciskei as well as those bantustans which are regarded by it as being self-governing. The Committee repeats the view it has previously expressed to the effect that all of these areas are in its view covered by the ratification of these Conventions, which still apply to them. As it has already indicated, the Committee considers that the creation of the bantustans constituted an important feature of the system of apartheid and it once again draws attention to the fact that their continued existence has been used as a means of controlling the freedoms enjoyed by Black workers as well as the mobility of Black labour, through security legislation and the measures taken to replace the former system of influx control.

3. The Committee accordingly reiterates that the Government should give full effect to the obligations undertaken when the Conventions were ratified by indicating the position throughout the entire territory of South Africa. At the same time full information should be provided on the manner in which the application of Conventions is affected by the existence of apartheid, in the bantustans and elsewhere in South Africa.

4. The Committee notes with interest from the Special Reports of the Director-General that the Government has modified or repealed legislation relating to aspects of apartheid in general and in particular to measures relating to the classification of the population by race, residential segregation and the ownership of land. The Committee trusts that the taking of these steps will have a positive impact on labour matters.

5. The Committee is also aware that discussions have been taking place with a view to reaching agreement on the procedure for modifying the Constitution, which at present still embodies the framework for apartheid. It accordingly draws the attention of the Government to its view that international labour standards can only be implemented in practice alongside other basic rights, when apartheid is ended and all citizens of South Africa are able to participate equally and without distinction as to race in the institutions created by a constitution designed to establish social justice and full freedom in post-apartheid South Africa.

6. The Committee also notes with interest that on 19 February 1991 the Government consented to the referral to the Fact-Finding and Conciliation Commission on Freedom of Association of the Governing Body of a complaint presented on 11 May 1988 by the Congress of South African Trade Unions alleging violation of trade union rights in amendments to the Labour Relations Act; and that a panel of that Commission is at present examining that complaint, following a visit which it made to South Africa in February 1992. It understands that the parties agreed that the scope of the inquiry could be expanded to involve deliberation and consideration of the present situation in South Africa as it relates to labour matters with particular emphasis on freedom of association. The Committee hopes that this will facilitate an examination of the system of industrial relations and collective bargaining in South Africa in the light of international labour standards. The Committee wishes to be kept informed of any developments in this connection.