Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
heatmap

Eswatini

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Eswatini’s overall score is 48 out of 100. The overall score for Eswatini is lower than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Eswatini ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1978 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1978.

Labour Rights Index 2024

48/100

LRI Country Score

25/100

Freedom of Association Indicator

23.88 %

Trade union density rate (%)

28.4 %

Collective bargaining coverage rate (%)

0.75

SDG indicator 8.8.2

5

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§25 & 32 of Constitution of Eswatini, 2005; §98 of the Industrial Relations Act, 2000

D

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§32 of Constitution of Eswatini, 2005; §42 of the Industrial Relations Act, 2000

A,C,D

Does the law provide for the right to strike?

No

0

§25 of Constitution of Eswatini, 2005; §40, 91, 93 & 94 of the Industrial Relations Act, 2000

A,D

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§25 of Constitution of Eswatini, 2005; §40(13), 87, 88 & 110 of the Industrial Relations Act, 2000

D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §25 & 32 of Constitution of Eswatini, 2005; §98 of the Industrial Relations Act, 2000

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Art 98. An employee may - (a) take part in the formation ofany trade union orstaff association or federation as the case maybe; (b) be a memberof any trade union or staff association and take part in its lawful activities outside working hoursor, with the consentof the employer, within working hours; (c) hold office in any trade union,staff association or federation; (d) takepart in the election of work place trade union representative or staff association representative, or be a candidate for such election; (e) in the capacity of the workplace trade union representative or staff association representative; (f) exercise any right conferred or recognized by this Act, and assist any employee, staff association or trade union to exercise suchrights."

Information

Source: §32 of Constitution of Eswatini, 2005; §42 of the Industrial Relations Act, 2000

A : National Law

National Labour Legislation

"The constitution and law provided for the right to organize and bargain collectively, subject to various legal restrictions. The law gave employers discretion as to whether to recognize a labor organization as a collective employee representative if less than 50 percent of the employees were members of the organization. If an employer agreed to recognize the organization as the workers’ representative, the law granted the employer the ability to set conditions for such recognition."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Section 42(3) of the Labor Relations Act: If the union's dues-paying members constitute less than 50% of all workers in the bargaining unit, recognition for bargaining purposes shall be left to the employer's discretion."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Recognition as collective employee representatives. 42. (1) A trade union orstaff association which has been issued with a certificate under section 27, may apply in writing to an employer for recognition as the employee representative for such categories of employees as are named in the application concerning all terms and conditions of employment including wages and hours of work. (2) A trade unionorstaff association shall serve a copy of the application referred to in subsection (1) to the Commissioner of Labour. (3) If less than fifty percent of the employees in respect of which the trade unionorstaff association seeks recognition are fully paid up membersofthe organization concerned, recognition shall be at the discretion of the employer and the employershall, within thirty (30) daysof the receiptof the application, reply in writing to the organization. (4) Where an employer decides to recognize a trade unionor staff association in terms of subsection(3), the conditions under which the employer agrees to recognize the organization shall form part of the reply to be given to the organization. (5) If notless than fifty percent of the employees in respect of which the trade unionorstaff association seeks recognitionare fully paid up membersof the organization concerned, the employer shall, within thirty (30)days of the receipt of the application and in writing - (a) grant recognition to the organization; or (b) if the employeris in doubt, and advises the applicantso in writing, the parties shall go for a verification count. (c) if the employer decides not to grant such recognition, the employershall lodge with the Court the reasons for the refusal to grant recognition and serve a copy thereofon the industry union or industry staff association, as the case may be."

Information

Source: §25 of Constitution of Eswatini, 2005; §40, 91, 93 & 94 of the Industrial Relations Act, 2000

A : National Law

National Labour Legislation

"Although the law permitted strikes, the right to strike was strictly regulated, and the administrative requirements to register a legal strike made striking difficult. The law required unions to provide a 21-day notice to the commissioner, indicating their intention to strike. The commissioner was charged with organizing a strike ballot, and the law required unions to satisfy a legislatively prescribed quorum (majority) of members before a strike could move forward. Following the strike ballot, the law imposed a two-day waiting period before the strike action could begin."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"40. (1) An employee whois not engagedin an essential service has a right to taképart in a peaceful protest action to promote socio-economic interests of workersif- ....................... (c) the notice has been given at least twenty-one (21) days before the commencementof the protest action. Art 91. An employer or employee carrying on or engaged in an essential service shall not take strike action orinstitute a lockout in connection with any such essential service and section 96 shall beapplicable to such service. Art 93 (9) The following services shall be deemed to have been designated as essential services as defined in section 2 - (a) water services; (b) electricity services; (c) fire services; (d) health services; (e) sanitary services; and (f) telephone and telegraphic services. Art 94. (1) Nothing in this Act shall preclude the parties from entering into an agreement designating a service to be a minimum maintenanceservice. (2) Strikes and lockouts shall be prohibited in respect of any service that has been designated as a minimum maintenanceservice in terms of sub-section (1)."

Information

Source: §25 of Constitution of Eswatini, 2005; §40(13), 87, 88 & 110 of the Industrial Relations Act, 2000

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Art 88 (5) If anystrike action takes place otherwise than in conformity with this Part, a trade union or staff association engaging in such strike action commits an offence. Art 110. A person who,an organization or a federation which commits an offence under this Act is liable, on conviction to a fine not exceeding ten thousand Emalangeni (E10, 000.00). Art 40(13) of 2014 amendment A person who commits a criminal, malicious or negligent act during a protest action shall be liable under criminal or civil laws of the land"."