Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the Government’s report received in November 2004 in reply to its 2001 direct request, as well as the communication from the Swaziland Federation of Trade Unions (SFTU) forwarded to the Government in November 2004.

2. Tripartite consultations required by the Convention. In its latest report, the Government indicates that it is 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 on developments regarding the ratification of the Safety and Health in Mines Convention, 1995 (No. 176). In this regard, the Committee recalls that the ILO Governing Body has 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).

3. The Government also indicates that the Labour Advisory Board (LAB) is currently perusing the draft strategic action plan proposed by the Tripartite Workshop held in July 2004 under ILO auspices. While taking due note of this information, the Committee requests the Government to provide detailed information on the consultations held by the LAB on each of the other matters set out in Article 5, paragraph 1, and to include information on the nature of the recommendations made by the LAB as a result of the consultations.

4. The Committee asks the Government to continue to include in its next report information on any consultations on the working of the procedures provided for in the Convention (Article 6).

5. Finally, in relation to the comments formulated by the Swaziland Federation of Trade Unions to the effect that workers’ organizations were prevented from submitting their views in the Constitution-making process on issues related to their fundamental rights, the Committee recalls that, at its 90th Session (June 2002), the Conference adopted a resolution concerning tripartism and social dialogue in which it emphasized that social dialogue and tripartism have proven to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues in which the social partners play a direct, legitimate and irreplaceable role. The Committee trusts that the Government’s next report will contain indications on any measures taken in order to improve social dialogue in the country and to implement effective tripartite consultation in the sense of the Convention (Articles 2 and 5).