General Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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 Declaration concerning Action against Apartheid and the Programme of Action annexed to it, as updated 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 not referred in its reports to the application of these Conventions in 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 can only reiterate that all of these areas are covered by the ratification of these Conventions, which still apply to them. The Committee accordingly again asks the Government to give full effect to the obligations undertaken when the Conventions were ratified by indicating the position throughout the entire territory of South Africa.

3. The Committee notes from the Special Reports of the Director-General that discussions are continuing with a view to reaching agreement on the composition of an interim government and the establishment of a constitution-making body to modify the 1983 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 in a context of respect for fundamental rights, when apartheid is ended and all citizens of South Africa are able to participate equally and without distinction as to race in a democratic South Africa.

4. The Committee also notes with interest that at its 253rd (May-June 1992) Session, the Governing Body noted the report of the Fact-Finding and Conciliation Commission on Freedom of Association (FFCC), appointed to examine the complaint of infringements of trade union rights by South Africa presented by the Congress of South African Trade Unions (COSATU) in May 1988. At the Governing Body's request and in accordance with the procedure for examining allegations against non-member States, the Director-General transmitted the report to the Economic and Social Council of the United Nations. At its July 1992 Session, ECOSOC unanimously adopted a resolution in which it noted with satisfaction the findings, conclusions and recommendations of the FFCC report and requested the Secretary-General of the UN to invite the Government to report, no later than 31 December 1992, and thereafter at yearly intervals until the Council is satisfied that they have been implemented, on the measures which it has taken to give effect to the recommendations contained in the report. The Committee hopes that the Government's report on its actions to implement the recommendations will show a genuine commitment to improve industrial relations in the light of international labour standards.