Rapport intérimaire - Rapport No. 412, Novembre 2025

Cas no 3425 (Eswatini) - Date de la plainte: 22-MARS -22 - Actif

Allegations: The complainant organizations allege that trade unions are denied the right to public gathering since October 2021, that there is notable violence by the security forces during trade union gatherings, including assault against union members, torture and killings. The complainants also allege anti-union measures against union officials, including arrests and dismissals

1. 313. The Committee last examined this case (presented in March 2022) at its October 2024 meeting where it presented an interim report to the Governing Body [see 408th Report, approved by the Governing Body at its 352nd Session (October–November 2024), paras 343–413]. 
2. 314. As the Government has not replied, the Committee has been obliged to adjourn its examination of this case on several occasions. At its June 2025 meeting [see the Committee’s 411th Report, para. 6], the Committee made an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next meeting, even if the observations or information requested had not been received in due time. To date, the Government has not sent any information.
3. 315. Eswatini has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Last examination of the case

1. 316. In its previous examination of the case at its October 2024 meeting, the Committee made the following recommendations [see 408th Report, para. 413]:
   • (a) The Committee welcomes the efforts by the Government and the social partners to review in the first instance the issues raised in the complaint with a view to their possible resolution at national level. In this regard, it duly welcomes the completion, for the first time in the context of complaints before the Committee, of the voluntary conciliation procedure. Furthermore, the Committee expects that the issues that remained unresolved will be settled through national institutions and forums as part of an implementation plan, with the technical assistance of the Office. The Committee trusts that such an implementation plan will be beneficial to the parties to assess progress.
   • (b) The Committee expects the Government to keep it informed of the outcome of the investigations of the Commission on Human Rights and Public Administration/Integrity on the incidents of violence against trade unionists referred to it by the parties to the voluntary conciliation, including the circumstances which led to the death of Mr Sabelo Dlamini during a protest action, and any follow-up given including, where appropriate, on violations identified and penalties imposed as disciplinary action against abuse of power by members of the police.
   • (c) The Committee expects that the Government will take measures without delay and in consultation with the social partners for the dissemination of the codes of good practices so that trade union rights to engage in protest and industrial action in defence of occupational interests are indeed protected, both in law and practice. The Committee requests the Government to keep it informed in this regard including, where appropriate, on violations identified and penalties imposed as disciplinary action against abuse of power by members of the police.
   • (d) The Committee urges the Government to take the necessary measures to clarify to all administrative and enforcement authorities concerned of the lifting of the October 2021 instruction from the Ministry of Housing and Urban Development banning local municipal councils from issuing permits for gathering. Recalling that the Public Order Act, 2017, permits the gathering of not more than 50 people without notice requirements, the Committee also urges the Government to provide an explanation on the objective of the directive issued in July 2023 to the municipal councils to issue permits for gatherings not exceeding 10 people, and to take immediate steps to suppress such limitation which, as such, is contrary to the Public Order Act and impedes trade unions from fully exercising their right to organize public meetings and demonstrations in accordance with the principle of freedom of association. The Committee requests the Government to keep it informed in this regard.
   • (e) The Committee requests the Government to keep it informed of any consultation engaged with the social partners with the technical support of the Office to address the conciliation panel’s requests, namely: (i) what processes should precede the prohibition of a gathering in a public space that has been approved and where a certificate of compliance has been issued, taking into account the relevant ILO Conventions; and (ii) the interpretation of section 9 of the Public Order Act, 2017, on the powers of the National Commissioner of Police to prohibit a gathering in the event that he has reason to believe that the gathering would endanger the maintenance of public order and public safety.
   • (f) in view of the time that has elapsed since the dismissal of Ms Nkambule (in December 2021), the Committee must express its deep concern about the length of time before the courts to examine this case of allegedly anti-union dismissal. Recalling that justice delayed is justice denied, the Committee expects the courts to rule without further delay in this case. The Committee also expects that the Government will ensure that, should the dismissal of Ms Nkambule prove to have been on anti-union grounds, the trade unionist is reinstated with the payment of all outstanding wages. If reinstatement is not possible for objective and compelling reasons, adequate compensation must be awarded as reparation for all injury suffered and to prevent any recurrence of such acts in the future. The Committee requests the Government to keep it informed of the outcome of the Court ruling and of any follow-up given to it, and to provide information on the current situation of Ms Nkambule, including whether she is still holding trade union office.
   • (g) Given the time that has elapsed since the initial charges brought against Mr Ngcamphalala, the Committee, recalling that justice delayed is justice denied, expects the courts to rule without further delay in this case. The Committee requests the Government to keep it informed of the outcome of the Court ruling, any consideration of the allegations of the anti-union nature of the charges and of the follow-up given to it. It requests the Government to provide information on the current situation of Mr Ngcamphalala, including whether he is still holding trade union office.
   • (h) The Committee requests the Government to keep it informed of any steps taken to follow up on the recommendation of the conciliation panel that the parties could refer the general principle of protection of trade union officials to the Labour Advisory Board (LAB) for an open discussion regarding the adequacy of the current protection of union officials and any improvements required to provide for the protection of trade union officials from victimization. The Committee request the Government to provide a report of the LAB’s consideration of this matter once concluded.
   • (i) Given the magnitude of the issues raised in this case, the Committee welcomes the technical assistance provided by the Office to the Government and the social partners in developing a time-bound road map to address the issues. The Committee is encouraged by the commitment of the parties who have completed the voluntary conciliation procedure. However, recalling that the issues raised in this complaint relate to impediments to the exercise of the fundamental right of freedom of association, including the killing of a worker during a protest action, and that some of the issues are being examined in various supervisory bodies of the Organization, the Committee can only urge the Government to take the necessary steps to deal promptly with its recommendations and to report tangible progress as soon as possible.
   • (j) The Committee refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.

B. The Committee’s conclusions

1. 317. The Committee deeply regrets that, since it last examined this case, the Government has not provided its observations, although it has been invited on a number of occasions, including by means of an urgent appeal, to present its comments and observations on the case. The Committee urges the Government to be more cooperative in the future.
2. 318. Hence, in accordance with the applicable rules of procedure [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee finds itself obliged to present a new report on the substance of the case without the benefit of the information which it had expected to receive from the Government.
3. 319. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization (ILO) for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them [see the Committee’s First Report, para. 31]. The Committee urges the Government to be more cooperative in the future, especially since it has availed itself of ILO technical assistance on several occasions on the matters at stake.
4. 320. The Committee recalls that the allegations in this case, presented in March 2022, concern the harassment, arrest and detention of trade union leaders by the police, assaults by the security forces at union gatherings leading to acts of torture and a killing, a general ban on public gatherings since October 2021 affecting particularly the right of assembly of unions, and anti-union measures against union leaders by State-owned enterprises and public institutions.
5. 321. The Committee had previously welcomed the efforts by the Government and the social partners to review in the first instance the issues raised in the complaint with a view to their possible resolution at national level. In this regard, the Committee had noted the completion, for the first time in the context of complaints before the Committee, of the voluntary conciliation procedure through a conciliation panel whose final report was signed by all parties on 15 September 2023. The Committee further welcomed the technical assistance of the Office to the Government and the social partners in developing a time-bound road map to address the issues. While it was encouraged by the commitment of the parties to the complaint to complete the voluntary conciliation procedure, the Committee however underlined that the issues raised in the complaint relate to impediments to the exercise of the fundamental right of freedom of association, including the killing of a worker during a protest action, and that some of the issues are being examined by various supervisory bodies of the ILO..
6. 322. Previously, the Committee observed that the conciliation report included related issues not initially raised and took note of additional matters linked to prior investigations and reviews already examined by other supervisory bodies and under follow-up Case No. 2949. The Committee indicated that it would consider examining, alongside the present case, the implementation of its recommendations under Case No. 2949 in the future, as requested by the parties to the complaints. Such an examination cannot take place at present as no observations have yet been provided on its recommendations.
7. 323. In these circumstances, the Committee finds itself obliged to refer the Government to its conclusions from its last examination [see 408th Report, paras 387–412] and to recall its previous recommendations. The Committee urges the Government to provide without delay information on the measures taken to implement the time-bound road map agreed by the parties, and on their outcomes. It also requests the complainant to provide any update thereon.

The Committee’s recommendations

1. 324. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply regrets that, since it last examined this case, the Government has not provided its observations, although it has been invited on a number of occasions, including by means of an urgent appeal, to present its comments and observations on the case. The Committee urges the Government to be more cooperative in the future, especially since it has availed itself of ILO technical assistance on several occasions on the matters at stake. The Committee finds itself obliged to refer the Government to its conclusions from its last examination and to recall its previous recommendations.
   • (b) The Committee urges the Government to provide without delay information on the measures taken to implement the time-bound road map agreed by the parties, and on their outcomes. It also requests the complainants to provide any update thereon.