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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Eswatini (RATIFICATION: 1981)

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes that a new Employment Bill is currently under preparation and hopes that the new legislation will contain a prohibition of discrimination in employment and occupation in accordance with the Convention. Such prohibition should cover all grounds of discrimination listed in the Convention and provide protection from discrimination at all stages of the employment process, including recruitment.

2. Article 1(1)(a).  Discrimination on grounds of sex. The Committee notes the Government’s statement that appropriate measures will be taken to prohibit sexual harassment in employment and occupation as suggested in the Committee’s general observation of 2002. The Committee asks the Government to keep it informed on the measures taken to address the issue of sexual harassment in the workplace.

3. Article 2. Equality of opportunity and treatment of men and women. Recalling the Government’s statement that the Ministry of Education runs an advocacy programme seeking to dispel existing stereotypes in respect of occupational guidance and counselling, the Committee reiterates its request to provide more detailed information on this programme, including results secured in promoting women’s equal access to vocational training and occupational guidance.

4. The Committee recalls the Government’s statement that, to address any cultural barriers preventing women from attaining positions of decision-making, the Ministry of Justice and Constitutional Affairs has commissioned a research study that may ultimately result in the codification of Swazi law and custom. Further, the gender unit of the Ministry of Home Affairs had similarly commissioned a research study on Swazi tradition and custom. The Committee reiterates its request to the Government to indicate in its next report what specific measures have been taken or envisaged, on the basis of the study’s findings, to eliminate discrimination and to implement the principle of equality in employment. Please also provide a copy of the Gender and Women’s Issues Position Paper, issued by the Swaziland Committee on Gender and Women’s Affairs (SCOGWA).

5. Article 2. Equality of opportunity and treatment on the basis of race, colour and national extraction. The Committee notes once again that the Government does not reply to its previous request for information, including statistical data, on the labour market and employment situation of ethnic minorities in Swaziland, particularly the Zulu from the former KwaZulu-Natal and the Tonga. It urges the Government to make every effort to supply such information in its next report.

6. Article 3(d). Application in the public sector. The Committee recalls the Government’s previous statement concerning the preparation of new public service legislation. The Committee trusts that the legislation will promote the application of the Convention and requests the Government to provide a copy of the said legislation when it has been enacted. Further, the Committee reiterates its request to the Government to provide statistical information respecting the number of women and men trainees enrolled in each of the Swaziland Institute of Management and Public Administration’s (SIMPA) different occupational training categories.