ILO’S 6 RECOMMENDATIONS TO KINGDOM OF ESWATINI

MANZINI - The International Labour Conference has made six recommendations to Eswatini, which include an independent investigation into the murder of Human Rights Lawyer Thulani Maseko.

The recommendations were made by the International Labour Conference (ILC), which was hosted by the International Labour Organisation (ILO) in Geneva, Switzerland after the Government of the Kingdom of Eswatini was examined by the committee on the Application of Standards (CAS) on alleged gross violation of Convention 87.  This convention is mainly about freedom of association and protection of the right to organise. The conference started on June 3, 2024, and the recommendations were made yesterday, following the appearance of Eswatini before the CAS on Monday afternoon.

When making the recommendations, the CAS said it took note of the oral and written information that was provided by government and the discussion that followed. It said it noted with deep concern the deteriorating state of public order and its negative impact on trade union rights in the country, as well as a culture of impunity for the perpetrators of crimes against trade unionists.

Taking into account the discussion, the committee urged government to take effective, urgent and time-bound measures refrain from violent treatment, intimidation or harassment, including judicial harassment, of leaders and members of trade unions in the education sector conducting lawful trade union activities, including the Swaziland National Association of Teachers (SNAT) President, Mbongwa Dlamini, and Secretary General Lot Vilakati.

Charges

Again, the CAS recommended that government should release, quash convictions 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 General Secretary of the Swaziland Transport, Communication and Allied Workers’ Union (SWATCAWU), Sticks Nkambule.

It is worth noting that according to the International Transport Federation (ITF) submissions to the CAS, on January 11, 2023, the police declared Nkambule a wanted person in a supposedly politically motivated and spurious contempt of court charge. Since then, Nkambule has been in exile.
This, according to SWATCAWU, was for demanding the improvement of working conditions and the release of jailed political leaders.

A few weeks later, on December 28, 2022, the ITF said the SWATCAWU general secretary allegedly survived an assassination attempt, which they believed to have been carried out by State agents. Again, it said a day after that, a team of heavily armed State security personnel led a militia-style raid at his (Nkambule’s) home and village.

However, it said fortunately, Nkambule was able to evade arrest and was declared a wanted person.  “Government of Eswatini should conduct, without delay, independent investigation into alleged instances of intimidation, harassment or violence, including the murder of Maseko (Human Rights Lawyer) and the persecution of the SNAT president, with a view to determining culpability and punishing the perpetrators and instigators of these crimes.

It (government) should conduct, without delay independent investigation into violence and interference by the police in lawful, peaceful and legitimate trade union activities and hold accountable those responsible,” reads part of the recommendations.Maseko was assassinated on January 21, 2023, in front of his family - wife Tenele and two children. The incident happened at his home at KaLuhleko, Bhunya in the Manzini Region.

Investigating

However, government insisted that the police were investigating the matter and recently, it told the CAS that the net was closing in on the killers of Maseko. Once more, the CAS called upon the Government of Eswatini to ensure that employers’ and workers’ organisations were given the autonomy and independence they needed to fulfil their mandate and represent their members.

Furthermore, one of the recommendations says government should repeal any administrative orders or legislative provisions that have the effect of prohibiting or restricting the right to freedom of assembly of trade unions and ensure in practice that trade unions fully enjoy the right to hold public meetings as enshrined in the convention.

In response to this, government told the ILC that an ILO technical mission, which was held in February 2024, was able to interview officials from the Ministry of Housing and Urban Development as well as Chief Executive Officers (CEOs) from the country’s local governments. It said gatherings continued to be convened in the country by interested organisations, including trade unions in terms of the Public Order Act of 2017, without any impediment whatsoever.

Moreover, government was asked to address the findings of the Investigation Committee (which investigated alleged police brutality on protesting workers) and the national voluntary conciliation and implement the planned sensitisation campaign on the Codes of Practice, in full consultation with the social partners and with the technical assistance of the ILO. Thereafter, it said government would be expected to submit a detailed report on the measures taken and progress achieved with regard to the above recommendations,  including all outstanding information requested by the Committee of Experts by September 1, 2024.

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