ILO invites Solidarity and SA government to conciliation over complaint regarding South Africa’s race-based laws

• Click here for Solidarity’s ILO complaint

The International Labour Organization (ILO) of the United Nations (UN) has invited Solidarity and the South African government to participate in a conciliation process. This follows the submission of Solidarity’s complaint against certain aspects of the government’s race-based laws in Geneva, Switzerland, on 15 May 2026.

Should the conciliation process prove unsuccessful, the admissibility of Solidarity’s complaint will be heard in November this year during the ILO’s Governing Body session. This may be followed by a formal investigation into the South African government.

Solidarity’s complaint focuses specifically on the permanent nature and elite-driven character of race-based laws, but particularly on the fact that the South African government has breached a previous agreement between itself and Solidarity that was concluded under the supervision of the ILO.

“It is a major breakthrough that this international body has initiated a process following Solidarity’s complaint. The South African government is bound by international conventions as well as the previous agreement reached under the supervision of the ILO. We will not allow the government to get away with failing to comply with conventions and agreements,” said Dr Dirk Hermann, Chief Executive Officer of Solidarity.

In 2023, Solidarity and the South African government reached an agreement on race-based laws in the workplace following an ILO-facilitated process. Among other things, the agreement stipulated that race-based laws should be temporary, that no one may be dismissed based on race, and that race may not be the sole criterion for appointments or promotions – skills and a company’s unique circumstances must also be considered.

The agreement was made an order of the court, and the government was required to publish it in the Government Gazette. However, the government failed to do so, thereby breaching the agreement and acting in contempt of court.

In the meantime, Solidarity has also initiated legal proceedings in South Africa against the government for contempt of court.