Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Eswatini (Ratification: 1981)

Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes the information provided by the Government in response to its previous comments. In particular, it notes that tripartite consultations between the Government and social partners concerning the draft Employment Bill, 2017, which took place within the Labour Advisory Board (LAB), were completed in July 2019. The draft Bill was subsequently reviewed by the ILO, whose comments were taken into consideration in the final draft of the Bill. The Government adds that the final draft Bill will be forwarded to the Cabinet for approval and to the Parliament for adoption. With regard to the implementation of the Convention, the Government reports that the Convention is effectively implemented in all public procurement processes and that the Eswatini Public Procurement Regulatory Authority (ESPPRA) has developed a Standard Tendering Document for Procurement of Goods in respect of all national and international open tendering. It further indicates that public contracts in the country contain clauses requiring the tenderer to comply with basic labour law. The Committee notes that Part XIII of the draft Employment Bill, 2017 contains substantive provisions regarding the obligation established under Article 2(1) of the Convention concerning the insertion of labour clauses in public procurement contracts. The Committee notes that section 126 of the draft Employment Bill stipulates that “Every public contract is deemed to include and to incorporate the provisions contained in this Part as if they were expressly set out as conditions to be observed and performed on the part of either or both of the parties to the contract”, whereas section 127 requires that contractors “pay rates of wages and observe hours and conditions of employment (referred to as established rates and conditions) that are not less favourable than those established by any collective agreement covering a substantial proportion of employees and employers in the trade or industry concerned in the contract”. On the other hand, the Committee notes that the examples of public contracts provided by the Government in its report do not contain labour clauses of the type required by Article 2. The Committee considers that the provisions of Part XIII of the draft Employment Bill, 2017 are aligned with the core requirements of Article 2 of the Convention. The Committee requests the Government to notify the Office once the draft Bill is adopted and to provide a copy. In addition, the Committee requests the Government, once the draft Bill is adopted, to provide detailed updated information on the manner in which its provisions are applied in practice to ensure the effective implementation of Article 2 of the Convention, in all public contracts to which the Convention is applicable.

Article 4(a)(iii). Posting of notices. The Committee notes the information provided by the Government in reply to its previous request.