Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Eswatini (Ratification: 1978)

The Committee notes the observations from the International Trade Union Confederation (ITUC) received on 2 September 2025, the observations from the Trade Union Congress of Swaziland (TUCOSWA) received on 1 September 2025, and the joint observations of the International Transport Workers’ Federation (ITF) and the Swaziland Transport Communication and Allied Workers Union (SWATCAWU) received on 1 September 2025, recalling and raising issues addressed by the Committee below.

Follow-up to the recommendations of the Investigation Committee and the National Voluntary Conciliation procedure. ILO technical assistance. The Committee previously took note of the 2023 recommendations of the Independent Investigation Committee and the National Voluntary Conciliation procedure, mechanisms which were established at the national level to consider the complaints made by the TUCOSWA and the ITUC in the context of the Committee on Freedom of Association (CFA) Cases Nos 2949 and 3425. The Committee further took note of the 2024 Implementation Plan adopted by the Government and TUCOSWA with the technical assistance of the ILO to address the relevant issues.

The Committee notes the Government’s indication that: (a) timelines for the implementation of the plan have been reviewed in a meeting of the Ministry of Labour and Social Security and TUCOSWA on 9 September 2025; (b) the Human Rights Commission, to which, as decided during the Voluntary Conciliation, the issues raised in CFA cases Nos 2949 and 3425 were referred, is yet to submit its complete report; and that (c) the issues discussed in the Voluntary Conciliation – the recognition of trade unions, dismissal of trade union officials, the classification of workers under the Industrial Relations Act, replacement labour and certain legislative issues – have been forwarded to the Labour Advisory Board. The Committee takes note however of the observations made by the of TUCOSWA that the Implementation Plan has not yet been validated by the Labour Advisory Board due to its internal decision-making disputes. The Committee requests the Government to transmit the reports of the Human Rights Commission and the Labour Advisory Board and to provide information on all progress made in addressing the findings of the Investigation Committee and the National Voluntary Conciliation.

Civil liberties and trade union rights. Anti-union repression. Police violence against industrial actions. In its previous comment, the Committee recalled the deep concern expressed by the ILO Conference Committee on the Application of Standards at the deteriorating state of public order in Eswatini and its negative impact on trade union rights and the culture of impunity it created for the perpetrators of crimes against trade unionists. The Committee noted that three cases of alleged excessive force by the police during peaceful trade union activities had been referred by the National Voluntary Conciliation Procedure to the Human Rights Commission for investigation. The Committee notes that the 2024 report of the Human Rights Commission found that the notice of prohibition of the gathering given by the National Commissioner and the actions of the police to enforce the prohibition were both in violation of the rights of the trade union members in exercising their right to freedom of assembly and right to life. The Committee notes, however, that the Human Rights Commission is yet to finalize its findings on other parts of the complaint. The Committee requests the Government to provide information on the outcome of all investigations by the Human Rights Commission, including the follow-up given to its findings.

The Committee recalls that it also urged the Government to provide information on the outcome of all independent investigations into alleged instances of intimidation, harassment or violence, including the murder of Mr Thulani Maseko. The Committee notes the Government’s indication that the investigation process has been protracted due to the complex nature of the crimes and that the matter continues to remain under investigation. It also notes the TUCOSWA’s observations that it is not aware of any independent investigation into his murder.

The Committee once again recalls that the rights of workers’ and employers’ organizations can only develop in a climate free of violence, threats and pressure, and that it is for the Government to guarantee that these rights can be exercised normally. It further recalls that Article 8 of the Convention provides that workers and their organizations, like other persons or organized collectivities, shall respect the law of the land and that the law of the land shall not be such as to impair, nor shall it be applied so as to impair, the guarantees provided for in this Convention. The authorities should resort to the use of force against workers, their leaders or their organizations only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control, and governments should take measures to ensure that the competent authorities receive adequate training and instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of peace. Independent judicial investigations should be conducted rapidly and where they have found abuse, the absence of convictions for those guilty of crimes against trade union officers and members creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights. The Committee notes with deep concern the serious allegations of persecution of and violence against trade unionists and the lack of progress in investigating these matters. The Committee once again urges the Government to provide information on the outcome of all independent investigations into the alleged acts of intimidation and violence against trade unionists, including into the murder of Mr Thulani Maseko, with a view to punishing the perpetrators of these crimes. In view of the absence of any information provided in this regard, the Committee further once again requests the Government to provide information on any charges under section 49(1) of the Police Service Act No. 22 of 2018 (disciplinary action against abuse of power by members of the police) and other relevant statutory provisions.

Charges against individuals for exercising lawful trade union activities. In its previous comment, the Committee urged the Government to take necessary measures to release, quash convictions of, and drop all charges brought against individuals for having exercised lawful trade union activities and ensure the safe return home of all trade unionists living in exile, including the Secretary-General of the SWATCAWU, Mr Sticks Nkambule. In this context, the Committee noted the Government’s indication that the SWATCAWU proceeded with its protest as planned on 13 December 2022 despite an injunction by the Industrial Court of Appeal against it resulting in charges of contempt being filed against Mr Nkambule. The Committee also requested the Government, in the context of the current legislative reform, to take the necessary measures to review section 89 of the Industrial Relations Act, which grants broad discretion to the Minister responsible for Labour to seek an injunction restraining a strike. With regard to the case of Mr Sticks Nkambule, currently in exile, the Committee notes the Government’s indication that the contempt of court proceedings against Mr Nkambule remain pending before the court and that he is represented by an attorney. The Committee regrets that no information was provided regarding measures to ensure his safe return home.

The Committee notes that the Government refers to the acquittal by a Senior Magistrate on 27 May 2025 of Mcolisi Ngcamphalala, Deputy Secretary of the Swaziland National Association of Teachers (SNAT) for charges dating back to 2016 of placing large stones on the road and obstructing traffic in contravention of the Public Order Act No. 12 of 2017. It notes that the Government has not provided information as regards the charges against him for contravening the Road Traffic Act (No. 6 of 2007) and resisting arrest. In this context, it also notes the TUCOSWA’s observations that Mr Kwazi Sithembiso Simelane, Chairperson of TUCOSWA’s Youth Structure and Deputy President of the Swaziland Democratic Nurses Union (SDNU) was discharged for violating the Public Order Act 2021 and acquitted by the Manzini Magistrate Court on the basis of lack of evidence. The Committee once againexpresses the firm hope that the Government will ensure the safe return home of all trade unionists living in exile, including the Secretary-General of the SWATCAWU, Mr Sticks Nkambule. Taking due note of the above-mentioned acquittals, the Committee requests the Government to continue to inform on any further measures taken to release, quash convictions of, and drop all charges brought against individuals for having exercised lawful trade union activities, and to clarify whether Mr Nkambule has now been cleared of all charges.

Regarding the reform of the Industrial Relations Act, the Committee notes the Government’s indication that section 89 of the Act is under review and the process of incorporating the ILO’s comments on the Industrial Relations (Amendment) Bill of 2022, initiated by the Labour Advisory Board in June 2024, is ongoing. The Committee requests the Government to take necessary measures to speed up the review process and to provide information on the developments in this regard.

Harassment in the education sector. In its previous comment, the Committee noted with deep concern the serious allegations of numerous violations of trade union rights in the education sector, in particular against the SNAT, including anti-discrimination acts and threats against its President, Mr Dlamini, and its Secretary-General, Mr Vilakati, and attempts at weakening the SNAT through various means, leading to intimidation, decreased membership, incapacitated leadership due to a fear of assuming union positions, and low turnout in union activities. The Committee also noted that the Government denied these allegations and stressed that it had generally maintained a healthy relationship with the SNAT.

With regard to the disciplinary proceedings against Mr Dlamini by the Teaching Service Commission (TSC), the Committee recalls that the Industrial Court (as confirmed by the High Court) declared the dismissal of Mr Dlamani null and void and directed the TSC to reconvene and proceed with the applicant’s disciplinary hearing. It notes from the Government’s indications that it appealed the High Court’s decision and that the matter is now awaiting trial at the Supreme Court. The Committee notes the observations of the ITUC and TUCOSWA that despite the High Court’s decision declaring his dismissal invalid, his wages continue to be withheld as his case is yet to be finalized in the Supreme Court. The Committee also notes the TUCOSWA’s observations that he was acquitted in the criminal case laid against him on allegedly violating the Public Order Act on the basis of lack of evidence. The Committee notes however that the Government does not provide a response in relation to the other previous allegations, including the harassment and victimization of Mr Mbongwa Dlamini, such as through police raids of his house, the burning of his belongings, and a situation that forced him to leave the country for a few months in 2023 due to fears for his life. In the case of Mr Lot Vilakati, the Committee notes that the Government reiterates that there were no allegations or threats against him and that he is currently on a two-year leave granted by the Government to enable him to fully participate in SNAT activities. The Committee notes that the Government has once again not provided the requested information as regards the outcome of the appeal against the disciplinary action concerning Ms Sacolo, the Chairperson of the Limkokwing Branch of the National Workers Union of Higher Institutions (NAWUSHI), which allegedly targeted her as a union official. Finally, the Committee notes that the Government denies the allegations made previously by Education International (EI) that the Government is promoting headteachers and deputy headteachers only if they join the Eswatini Principal Association (EPA), a union created to counter the SNAT. The Government indicates in this respect that the EPA is not a “yellow union”, but a duly registered labour market organization, formed at the free will and volition by teachers who are principals or head teachers, without any assistance whatsoever from the Government. The Committee requests the Government to provide further information on the status of the case of Mr Dlamini before the Supreme Court and information on other pending cases, such as the disciplinary proceedings against Ms Sacolo. The Committee reiterates its request to the Government to provide further information on measures taken to enable the SNAT to develop its activities without threats or interference.

Legislative reform. In its previous comment, the Committee welcomed the use of the technical assistance of the Office provided in the form of a Technical Memorandum on the Industrial Relations (Amendment) Bill, 2022 and encouraged the Government to continue to avail itself of such assistance in the areas identified to work towards the conformity of the national legislation with the Convention. The Committee observes that the ILO assistance with regard to the further proposals for amendment of the Industrial Relations (Amendment) Bill of 2022 continued and notes in this respect the Government’s indication that the Labour Advisory Board is in the process of incorporating the ILO’s comments into the draft Bill. The Committee encourages the Government to continue to avail itself of the technical assistance of the Office to ensure the conformity of the national legislation with the Convention and to provide information on all developments in this regard.

Article 3 of the Convention. Ban on trade union gatherings by administrative order. The Committee previously noted with concern the allegations of restrictions imposed on freedom of assembly of workers’ organizations in the country. In this context, it noted that the administrative order of October 2021 of the Ministry of Housing and Urban Development suspended laws on public gatherings and revoked the power of municipal councils to issue gathering notices, and a subsequent public announcement relaxed this ban, as of 13 July 2023, but continued to restrict the powers of municipal councils to allowing gatherings of not more than 10 people. The Committee notes that the Government reiterates that the Ministry of Housing and Urban Development issued a public statement on 7 October 2024 pursuant to which anyone intending to use any local authority for a gathering was required to comply with all the provisions of Public Order Act No. 12 of 2017 (which permits gatherings of not more than 50 people without notice requirements), the Code of Good Practice on Gatherings (Legal Notice No. 201 of 2017) and other relevant legislative instruments like the Code of Good Practice on Industrial and Protest Actions (Legal Notice No. 202 of 2015).

The Committee further notes that during the Voluntary Conciliation, the Government and the TUCOSWA, reached an agreement that section 9 of Public Order Act No. 12 of 2017 (which permits the police to stop any gatherings upon receiving intelligence information without providing reasons for such stoppage) should be reviewed and that the Government had requested ILO technical assistance in hiring a consultant to assess the provision against international best practices and advise the Government on possible reforms. The Committee further notes the Government’s indication that the ILO provided technical assistance to facilitate a capacity-building workshop on the Code of Good Practice on Gatherings, 2017, in December 2024 to sensitize and provide adequate training to relevant stakeholders on how industrial and protest actions can be well-managed and in order to minimize unwarranted confrontations between protestors and members of the law enforcement agencies and municipal councils. It notes that similar training workshops will continue in the remaining regions. Welcoming the information provided by the Government on the sensitization workshop, the Committee requests the Government to continue providing information on measures for the effective management of industrial and protest actions in conformity with the relevant legislation, and on any progress made in this regard. It further requests the Government to take all necessary measures in law and in practice to ensure that representative organizations enjoy the right to organize their activities without interference from the authorities, including by reviewing section 9 of Public Order Act No. 12.