Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Eswatini (Ratification: 1981)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the National Steering Committee on Social Dialogue had been meeting on a monthly basis since February 2010; however, on 28 March 2014, workers’ organizations had notified the Government that they were withdrawing from all tripartite structures. The Committee notes from the Government’s most recent report received in October 2015 that the National Steering Committee on Social Dialogue was established with effect from 1 August 2015 by way of Legal Notice No. 120 of 2015. It also notes from the report that the social partners indicated at the Labour Advisory Board meeting of 22 October 2015 that there is a need to ensure that the provisions of the Convention are applied, especially with regard to the inclusion of representatives from employers’ and workers’ organizations in the tripartite structures, as more trade union federations would be registered in the future. In the view of workers’ organizations, the principle of “most representative” was not being followed. The Government indicates that it was concluded that the Labour Advisory Board would devise a formula in this regard and advise the Minister for Labour and Social Security accordingly. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on the matters regarding international labour standards covered by the Convention. It also requests the Government to provide information on the measures taken to select the most representative organizations of employers and workers in the tripartite bodies discussing international labour standards (Article 3).

Article 5(1)(c) and (e). Prospects of ratification of unratified Conventions and proposals for the denunciation of ratified Conventions. In reply to the previous comments regarding the possible denunciation of the Recruiting of Indigenous Workers Convention, 1936 (No. 50), the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), and the Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. 104), as well as the prospects of ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Government indicates that there has been no conclusion of the discussions of these Conventions since tripartite structures had not been operational. The Government adds that the Safety and Health in Mines Convention, 1995 (No. 176), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), will be included in the agenda of the Labour Advisory Board for necessary action with a view to submitting these two instruments to the competent authorities for ratification. The Committee requests the Government to continue to provide information on any developments occurring in a tripartite context regarding the ratification of up-to-date Conventions and the denunciation of outdated Conventions.