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

The Committee notes the comments of the International Confederation of Trade Union (ITUC), the Swaziland Federation of Trade Unions (SFTU) and the International Confederation of Free Trade Unions (ICFTU, now ITUC) which refer to issues already under examination, as well as to a number of acts of anti-union discrimination in the textile sector and in export processing zones, and to the denial of collective bargaining to prison staff. The Committee notes from the reply of the Government that the issue of anti-union discrimination in the textile sector is being addressed and a report will be submitted in due course. The Committee trusts that the Government will take all necessary steps to submit promptly a report in respect of all the comments from the ITUC and the SFTU.

The Committee recalls that in its previous comments it referred to the following points:

–      the need to adopt specific provisions accompanied by sufficiently dissuasive sanctions for the protection of workers’ organizations against acts of interference by employers or their organizations (Article 2 of the Convention); and

–      the need to adopt a specific legislative provision so as to ensure that, if no union covers more than 50 per cent of the workers, this does not prevent the exercise of the collective bargaining rights of the unions in the unit at least on behalf of their own members (Article 4 of the Convention).

In its previous comments, the Committee noted that the Labour Advisory Board (LAB), of a tripartite nature, reviewed the legislative issues raised by the Committee and drafted an Industrial Relations (Amendment) Bill which included a number of amendments to the Industrial Relations Act. The Bill referred to the need to tackle the issue of adopting a specific legislative provision so as to ensure that, if no union covers more than 50 per cent of the workers, this does not prevent the exercise of collective bargaining rights by the unions in the unit, at least on behalf of their own members.

The Committee notes from the Government’s report that the issue of the adoption of specific provisions, accompanied by sufficiently dissuasive sanctions, for the protection of workers’ organizations against acts of interference by employers or their organizations, as required by Article 2 of the Convention, is being addressed. The Committee also notes the Government’s intention to keep it informed of any developments in this regard.

While noting that the Government reiterates that the LAB has commissioned a special committee to draft amendments in line with the recommendations made by the ILO high-level mission and the independent judiciary inquiry after their visit, the Committee trusts that the Government will provide information in its next report on concrete legislative measures taken to address the issues at stake.

The Committee recalls the availability of the technical assistance of the Office in the framework of the legislative amendment process, and trusts that the legislation will be brought shortly into full conformity with the requirements of the Convention. It requests the Government to provide information on any developments in this regard.