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

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

The Committee notes the Government's report. With reference to its previous comments, and in particular its detailed observation of 1990, the Committee recalls that the discrepancies between the legislation and the Convention related to the following points under the 1980 Industrial Relations Act:

Article 2 of the Convention

- non-recognition of the right of association of prison staff (section 83(c));

- obligation upon workers to organize within the context of the industry in which they exercise their activity (section 2(1) and (2));

- power of the Labour Commissioner to refuse to register a trade union if he considers that the interests of the workers are fully or substantially represented by a trade union that has already been registered (section 23), even though, by virtue of section 24(1)(d) an appeal may be made against such a refusal before the Labour Tribunal;

- obligation for an occupational organization or federation to obtain authorization before affiliating with any international organization (section 34(1)).

Article 3 of the Convention

- prohibition on federations from carrying out political activities and limitation of their activities to providing advice and services (section 33);

- prohibition of the right to strike in certain sectors or services, including, in particular, the postal, radio and teaching sectors (section 65(6));

- power of the Minister to refer any dispute to compulsory arbitration if he considers that a current or pending strike constitutes a threat to the national interest (section 63(1)).

The Committee notes the Government's statement that following technical assistance from the ILO, draft amendments to the Industrial Relations Act have been submitted to the Labour Advisory Board for perusal and comments. The Government has undertaken to take into consideration previous observations made by the Committee when discussing the final draft.

The Committee requests the Government to indicate any progress in ensuring full compliance of national legislation and practice with the Convention in its next report.

The Committee also takes note of the communication of the World Confederation of Organizations of the Teaching Profession (WCOTP) dated 15 December 1992 which, on behalf of its affiliate, the Swaziland National Association of Teachers (SNAT), asks the ILO to intervene with the Swazi authorities in order to obtain the repeal of the provision in the Industrial Relations Act of 1980 which classifies teaching as an essential service. The WCOTP adds that the supervisory bodies dealing with freedom of association in the ILO have confirmed that the activities of teachers could not be included in those activities which the ILO considers to be essential services.

The Committee requests the Government to communicate in its next report any comments that it may wish to make on the communication of the WCOTP.

The Committee is also addressing a direct request to the Government on other points.