Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 3 of the Convention. The Committee recalls that, for a number of years, it had reminded the Government that a general prohibition on sympathy strikes could lead to abuse and that workers should be able to take such action provided the initial strike they are supporting is itself lawful (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 168). While noting that the Industrial Relations Act did not address sympathy strikes and had not yet been amended, the Committee requested the Government to indicate whether, in practice, workers may engage in sympathy strikes without incurring sanctions and to provide information on all measures taken or envisaged in this regard. In its previous comments, the Committee noted from the Government’s report that this matter would be considered by the Labour Advisory Board once a proposal is submitted by the workers’ federations. While noting that the latest report of the Government does not contain any information in this regard, the Committee once again requests the Government to ensure that in practice workers may engage in sympathy strikes without incurring sanctions and to provide information in its next report on the outcome of the consideration of this matter in the Labour Advisory Board.