2008 Annual Survey of violations of trade union rights - Swaziland
|Publisher||International Trade Union Confederation|
|Publication Date||20 November 2008|
|Cite as||International Trade Union Confederation, 2008 Annual Survey of violations of trade union rights - Swaziland, 20 November 2008, available at: http://www.refworld.org/docid/4c52ca6d5.html [accessed 5 October 2015]|
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182
In practice, the last absolute monarchy in Africa has no respect at all for trade union rights.
Trade union rights in law
State of emergency still in force: The State of Emergency, introduced in 1973, suspended constitutional freedoms.
A new national constitution was signed into law in 2006, entrenching the political status in force since 1973, which invests all power in the King's hands, bans opposition political parties and meetings, and gives the government the ultimate executive, judicial and legislative authority.
Many legal restrictions: The current Industrial Relations Act (IRA), from the year 2000, allows workers to form trade unions, to draw up their own constitutions, and to negotiate their terms and conditions of employment. Police officers are not allowed to form unions.
However, unions must represent at least 50 per cent of workers in a workplace to ensure recognition, (an unreasonably high percentage) and failure of this test leads to recognition being dependent on the employer's goodwill. There is also no effective protection for trade unions against employer interference.
There is no right to form unions in the export processing zones (EPZs).
Strike action virtually impossible: The procedure for announcing a strike is long, lasting up to 74 days, and the procedures for voting on strike action are complex, thus making legal strikes virtually impossible. Should a strike take place, the trade union faces civil liability for any damage caused during a strike.
The IRA prohibits protest actions in "essential services," which include police and security forces, correctional services, fire fighting, health and many civil service positions.
Government fails to fulfil its promise to bring in improved labour legislation: Repeated government assurances to the ILO that it will amend its legislation to bring it in line with international labour standards have so far proved meaningless.
Trade union rights in practice and Violations in 2007
Background: The opposition parties, unions and civil society continued to mobilise against the dictatorship. At the end of July the capital city, Mbabane, saw its largest demonstration of the decade with tens of thousands of striking workers demanding the establishment of a multi-party system. The country is also afflicted by the HIV/AIDS pandemic that is said to have hit more one person in three.
Attempts to discredit union leader: The trade unions, in particular the national centre, the Swaziland Federation of Trade Unions (SFTU), face fierce government attacks. The SFTU General Secretary, Jan Sithole, has become a hate figure for the regime, with smear campaigns against him, imprisonment several times in recent years and death threats to him and his family.
Government policy: The regime has turned a blind eye as employers pursue casualisation and deregulation policies which have resulted in many skilled employees (who are largely trade union members) losing their jobs. The effect of such policies in the sugar processing and hotel sectors has been to weaken the trade unions.
Export Processing Zones: Workers who become shop stewards or join a union are fired on the spot. Anyone taking part in a strike is also dismissed, even if the action is legal. Some employers use physical punishment as a disciplinary measure in the textile sector, which is illegal, but the employers are not sanctioned.
Thanks to the pressure brought to bear by the US union centre AFL-CIO, which is able to press for the withdrawal of Swaziland's preferential access to the US market under the Generalised System of Preferences, improvements have been secured in the labour legislation, but they still need to be put into practice. Any improvements in the working conditions of EPZ workers are attributable to the inspectors sent by the buyers and not the government's labour inspectors.
Numerous violations in Chinese textile factories: Violations are common in Chinese-owned companies, and appear to be committed with the collusion of government authorities. Violations include the refusal to recognise unions; surveillance of activists both in and outside workplaces by hired security staff; victimisation of activists and representatives and known union members; a ban on workers gathering in groups during breaks, and physical assaults by security guards.
Refusal by the authorities to negotiate with the unions: During the general strike in July, the unions criticised the government's failure to act on the recommendations of the Labour Advisory Board (LAB), and in particular to agree to negotiate in a balanced manner by appointing a truly independent mediator.
Refusal to recognise two unions: Throughout the year, the authorities avoided recognising the Swaziland Police Association (SPA) and the Swaziland Correctional Service Union (SWACU), although the new Constitution had opened up this possibility through allowing all workers to form and join trade unions. However the police chief and the head of the prison administration, along with the government, refused all the trade unionists' demands, arguing that the Industrial Relations Act (IRA) bans members of those professions from creating and belonging to trade unions. In June, an international delegation of police trade union leaders tried in vain to meet the Prime Minister, who avoided meeting them by claiming prior engagements. In December, the Prime Minister rejected a request by police officers to hold a strike, referring again to the IRA, which classifies them as essential services. At the end of the year Alpheous Mhlanga, the leader of the SPA, was still without a job and receiving only half his pay for alleged "professional misconduct" linked to an attempt to get his organisation registered in February 2006.