King Mswati’s government has ordered the immediate closure of all workers’ and employers’ federations.
The decision was made in a special session of cabinet, who are all Mswati appointees.
The affected federations include the Trade Union Congress of Swaziland (Tucoswa), an umbrella body for labour unions, the Federation of Swaziland Business Community and the Federation of Swaziland Employers and Chamber of Commerce.
“These groups no longer exist. They must submit audited financial records at once for government inspection,” Labour Minister Winnie Magagula directed when she announced the closures.
Magagula said action had to be taken immediately because the Industrial Relations Act, which received Mswati’s assent in 2000, had no provision for registering federations.
However, Tucoswa, which the government accuses of having a pro-democracy political agenda, was de-registered two years ago on the same grounds.
Amendment of the Industrial Relations Act was one benchmark condition for Swaziland to retain trading privileges under the US trade initiative, the African Growth and Opportunities Act (Agoa).
The law must also be amended to no longer make labour unions financially responsible for vandalism committed during strike actions.
Critics of the law say the requirement was designed to make strike demonstrations unaffordable in a country where government has no tolerance for organised protests.
After four years of deadline extensions from the US, the government took no action to meet any of the benchmarks on labour, governance and policing matters required for Agoa membership, and Swaziland was expelled from Agoa in May.
Political analysts say the employers’ federation has also angered the monarchy by showing signs of supporting more democratic and accountable governance in the light of Swaziland’s declining economy, whose poor performance is linked to governance issues.
The absence of labour and employers’ federations means several government organs cannot function, including the Wages Council, Labour Advisory Board, Conciliation, Mediation and Arbitration Commission, Swaziland National Provident Fund, Training and Localisation Committee and the Social Dialogue Committee.
Tucoswa secretary-general Vincent Ncogwane at a press conference condemned the government for not registering the labour federation.
Legal recognition was required to be a legitimate negotiating partner, Ncogwane said.
“This is a blunder that has put the country in an even worse light. Government blames others for putting the country into disrepute yet it is the same government that is doing it,” he said.
Swaziland labour organisations’ international associates, including Cosatu, have condemned the government’s “ban”.
Sharan Burrow, general secretary of the Brussels-based International Trade Union Confederation (Ituc), said: “The Swaziland authorities have for many years shown their contempt for fundamental workers’ rights, and this latest decision, which abolishes workers’ and employers’ organisations, is absolutely shocking.”
“Cosatu will be stepping up its campaign for democracy and human rights in Swaziland and demands the immediate reversal of this latest assault on the workers’ and democratic movement,” it said in a statement.
An oversight
The labour federation said the government had claimed a technical oversight in existing legislation had to be fixed but said there was no justification in banning existing organisations.
In a letter to Prime Minister Sibusiso Dlamini, a relative of King Mswati, Ituc challenged the government’s assertion that cabinet’s decision to dissolve all federations was required by the International Labour Organisation (ILO).
“Your government has completely ignored these recommendations as well as repeated calls from the international trade union movement to respect rights guaranteed under international conventions ratified by Swaziland. We are shocked that you even argue that your actions are required by the ILO – nothing could be further from the truth.”
The ILO clarified its position in a statement: “The ILO would like to see the continued existence of trade unions and employer federations pending the amendment to the law.”
Lawyers for Human Rights Swaziland called cabinet’s closure of labour and employer federations unconstitutional.
The group noted that the Industrial Relations Act also did not grant the labour minister power to terminate federations.
Tucoswa announced plans to challenge its closure in court and to stage a march on government offices to deliver a petition.