Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Eswatini (Ratification: 1981)

Articles 2 and 5 of the Convention. Effective tripartite consultations. Further to its previous comments, the Committee notes the Government’s reports received in January 2007 and September 2008. The Committee notes from the Government’s report received in January 2007 that the institutionalization of social dialogue was approved by the Cabinet and that the High-Level Social Dialogue Steering Committee commenced its work under the chairmanship of the Deputy Prime Minister. The Government indicates in its report received in September 2008 that it will ensure that there is consultation of the social partners in line with the Convention. The Committee requests the Government to continue to provide information on the outcome of the process of the institutionalization of social dialogue, and to indicate what effect this has had on the implementation of effective tripartite consultations within the meaning of the Convention.

Article 5. Tripartite consultation required by the Convention. The Committee notes that in conformity with Article 5, paragraph 1(b), further to section 25 of the Industrial Relations Act, as amended, all instruments tabled in Parliament by the Ministry are a product of thorough consultation in the Labour Advisory Board. The Committee invites the Government to provide details on the activities of the Labour Advisory Board on all the matters listed in Article 5, paragraph 1. The Government is also requested to indicate the frequency of consultations held in this regard and to indicate the nature of any reports or recommendations made as a result thereof (Article 5, paragraph 2). In this respect, the Committee recalls that in its previous comment it noted that the Government was contemplating denouncing 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), and that it will inform the Committee of developments regarding the ratification of the Safety and Health in Mines Convention, 1995 (No. 176). In this regard, the Committee recalls again that the ILO Governing Body invited States parties to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos 50, 64, 65 and 104 at the same time. The Committee asks the Government to keep it informed of any developments in this regard (Article 5, paragraph 1(e), of the Convention).