International Politics

MBABANE – It is a notable shift in the longstanding industrial relations narrative of the Kingdom of Eswatini that, as the International Labour Conference convenes in 2026, the nation is not subject to the intense scrutiny of a Special Paragraph.

An ILO Special Paragraph is a highly publicised mechanism used by ILO.

It serves as a tool of "naming and shaming" within the ILO's supervisory system, specifically deployed when a member country commits continuous, systematic or mass violations of ratified ILO Conventions

This development marks a significant departure from previous decades, particularly the turbulent era under the leadership of the late Jan Sithole of the Swaziland Federation of Trade Unions (SFTU), and even the more recent challenges faced during the tenure of current Secretary General Mduduzi Gina.

In an interview last night, Gina and Minister for Labour and Social Security Phila Buthelezi said there was not much about Eswatini in this year’s annual ILO conference in Geneva, Switzerland.

“We are attending the conference without anything particular to Eswatini,” Gina said.

The minister said: “There’s nothing much about the Kingdom, besides updating committees through reports on progress made regarding issues discussed before.”

While the International Trade Union Confederation (ITUC) and the Trade Union Congress of Swaziland (TUCOSWA) have submitted observations, the overall disposition of the Committee of Experts indicates a government that is increasingly engaging with technical assistance and procedural mechanisms to address long-standing labour disputes.

According to the report on the Application of International Labour Standards 2026, which is set to be adopted by the current conference, the committee observes that Eswatini has taken tangible, albeit sometimes slow, steps towards aligning its national legislation and practice with the obligations of Convention No. 87. The report details a complex picture where serious allegations of violence and impunity remain, yet they are juxtaposed with concrete governmental actions regarding legislative review, judicial processes and technical cooperation.

The committee states that it has given close attention to the follow-up of the 2023 recommendations made by the Independent Investigation Committee, as well as the National Voluntary Conciliation procedure. These mechanisms were established at the national level to consider complaints lodged by TUCOSWA and the ITUC, specifically regarding Committee on Freedom of Association (CFA) Cases Nos 2949 and 3425.

A positive highlight noted by the committee is the adoption of the 2024 Implementation Plan by government and TUCOSWA, achieved with the technical assistance of the ILO. According to the report, the committee observes that government has been active in managing this plan. Specifically, government is said to have indicated that timelines for implementation were reviewed during a meeting held on September 9, 2025 between the Ministry of Labour and Social Security and TUCOSWA.

Furthermore, the committee notes with interest government’s indication that issues discussed during the voluntary conciliation pertaining to the recognition of trade unions, the dismissal of trade union officials, the classification of workers under the Industrial Relations Act, replacement labour and certain legislative issues have been formally forwarded to the Labour Advisory Board. While the committee acknowledges TUCOSWA’s observation that the implementation plan has not yet been validated by the Labour Advisory Board due to internal decision-making disputes, the committee views the referral of these critical issues to the Board as a necessary procedural step in the social dialogue process.

Legislative Reform

In the domain of legislative reform, the committee observes constructive engagement from the Government of Eswatini. The committee recalls that in previous comments, it welcomed the use of ILO technical assistance, provided in the form of a Technical Memorandum on the Industrial Relations (Amendment) Bill, 2022.

The report states that the committee observes this cooperation has continued. The government has indicated that the Labour Advisory Board is currently in the process of incorporating the ILO’s comments into the draft Bill. This is a significant development, as it demonstrates government’s willingness to avail itself of international expertise to ensure the conformity of national legislation with the convention.

Specifically, regarding Section 89 of the Industrial Relations Act, a provision which grants broad discretion to the minister for Labour to seek an injunction restraining a strike, the committee notes that government has confirmed this section is under review. The committee states that the process of incorporating ILO comments into the Industrial Relations (Amendment) Bill of 2022 was initiated by the Labour Advisory Board in June 2024 and remains ongoing.

The committee encourages government to continue utilising the technical assistance of the office to expedite this review process.

ILO wants progress on Human Rights Commission Investigations

MBABANE -The committee has recalled its previous deep concern regarding the deteriorating state of public order in Eswatini and its negative impact on trade union rights.

However, the committee notes government’s engagement with the Human Rights Commission (HRC).

According to the report, the committee notes that the 2024 report of the Human Rights Commission made specific findings regarding police conduct. The HRC found that the notice of prohibition of a gathering given by the national commissioner and the subsequent police actions to enforce that prohibition were in violation of the rights of trade union members to exercise their right to freedom of assembly and right to life.

The committee observes that while the HRC is yet to finalise its findings on other parts of the complaint, the fact that government is participating in this process and that the HRC is issuing rulings on state conduct is a vital part of the accountability mechanism.

The committee has requested government to provide information on the outcome of all investigations by the HRC and the follow-up given to its findings. This engagement represents a forum through which grievances against state apparatus can be formally heard and adjudicated.

Eswatini Courts Receive ILO Praise 

MBABANE - A particularly positive aspect of the report, which the committee highlights, pertains to the judicial treatment of trade unionists facing charges.

The committee expresses firm hope and acknowledges progress regarding individuals who were previously facing charges for exercising lawful trade union activities.

The committee notes with approval the acquittal of Mcolisi Ngcamphalala, the Deputy Secretary of the Swaziland National Association of Teachers (SNAT), by a senior magistrate on May 27, 2025.

It is said that Ngcamphalala had faced charges dating back to 2016 regarding alleged obstruction of traffic. While the committee notes that information was not provided regarding other charges under the Road Traffic Act, the acquittal on the Public Order Act charges is a significant development.

Furthermore, the committee notes the observations of TUCOSWA regarding Kwazi Sithembiso Simelane, the Chairperson of TUCOSWA’s Youth Structure and Deputy President of the Swaziland Democratic Nurses Union (SDNU). According to the report, Simelane was discharged for violating the Public Order Act 2021 and was subsequently acquitted by the Manzini Magistrate Court due to a lack of evidence.

The committee states that it views these judicial outcomes as essential for the exercise of trade union rights. The fact that the domestic courts are acquitting trade unionists suggests that the judicial system is capable of providing recourse against charges that may have been improperly brought.

The committee requests government to continue providing information on measures taken to release, quash convictions of and drop charges against individuals for having exercised lawful trade union activities.

In the case of Sticks Nkambule, the Secretary-General of the Swaziland Transport Communication and Allied Workers Union (SWATCAWU), who remains in exile, the committee notes government’s indication that contempt of court proceedings against him are pending and that he is represented by an attorney. The committee states that while it regrets the lack of information regarding measures to ensure his safe return home, it notes government’s formal indication regarding the status of the legal proceedings, which affirms that he has legal representation.

Govt Applauded for taking care of SNAT’s Lot

MBABANE - Turning to the education sector, which has often been a flashpoint for industrial relations, the Committee notes several engagements by Government regarding the Swaziland National Association of Teachers (SNAT).

While the committee notes with concern allegations of harassment against SNAT leadership, including the President Mbongwa Dlamini and the Secretary-General, Lot Vilakati, it also observes government’s administrative responses regarding these officials. Regarding Vilakati, the committee notes that government has reiterated that there are no allegations or threats against him and, significantly, that he is currently on a two-year leave granted by government. The purpose of this leave, according to government, is to enable him to fully participate in SNAT activities. The committee observes this as a positive administrative measure that facilitates trade union activity.

Additionally, regarding the allegations that government is promoting headteachers and deputy headteachers only if they join the Eswatini Principal Association (EPA), the committee notes government’s strong denial. Government indicated that the EPA is not a “yellow union” but is a duly registered labour market organisation formed at the free will of teachers without its assistance.

The committee states that it has taken note of this position provided by government.

Committee Notes Progress in Public Gatherings Management

MBABANE - The committee also observes significant positive developments in the management of public gatherings and the training of law enforcement agencies.

The committee notes that government has moved to clarify the legal framework regarding gatherings, which had been a source of friction.

According to the report, the committee observes that the Ministry of Housing and Urban Development issued a public statement on October 7, 2024. This statement clarified that anyone intending to use local authority facilities for gatherings must comply with the Public Order Act No. 12 of 2017 and the Code of Good Practice on Gatherings (Legal Notice No. 201 of 2017). The committee notes that this framework permits gatherings of not more than 50 people without notice requirements, providing a clearer legal baseline for assembly.

Moreover, the committee observes that during the voluntary conciliation, government and TUCOSWA reached an agreement that Section 9 of the Public Order Act, which permits the police to stop gatherings without providing reasons, should be reviewed. In a positive step towards reform, the committee states that government requested ILO technical assistance to hire a consultant to assess this provision against international best practices.

Most notably, the committee observes that the ILO provided technical assistance to facilitate a capacity-building workshop on the Code of Good Practice on Gatherings in December 2024. The committee states that this workshop was aimed at sensitising and providing training to relevant stakeholders on how industrial and protest actions can be well-managed. The objective, as noted by the committee, is to minimise unwarranted confrontations between protesters and law enforcement agencies.

The committee welcomes this information, noting that government has indicated similar training workshops will continue in the remaining regions.

The committee views this sensitisation and training of police and municipal councils as a crucial step in ensuring that the rights to freedom of assembly are respected in practice.

In summarising its observations for 2026, the committee acknowledges that while significant challenges remain, particularly regarding the culture of impunity for violence against trade unionists and the ongoing investigations into the murder of Thulani Maseko, there is a discernible shift in government’s approach.

According to the report, the committee observes a government that is increasingly utilising the technical assistance of the ILO, engaging with the Labour Advisory Board for legislative reform and participating in conciliation procedures. The committee notes the acquittals of trade unionists by domestic courts and the provision of leave to union officials to conduct their duties.

Therefore, while the committee continues to urge government to speed up legislative reviews and ensure accountability for violence, the committee states that it recognises the steps taken in 2025 and early 2026 to foster a more conducive environment for freedom of association.

Eswatini is not among countries subject to the intense scrutiny of a Special Paragraph and both Mduduzi Gina from TUCOSWA and Minister for Labour Social Security Phila Buthelezi say there are no issues or serious complaints that need responses. (Pic: Anadolu Ajansi -AA)