Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Eswatini (Ratification: 2002)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted with interest the Government’s indication that the People Trafficking and Smuggling (Prohibition) Act No. 11 of 2010 was passed and came into force on 1 March 2010.

The Committee takes note of the copy of the said Act, which was sent along with the Government’s report. The Committee requests the Government to provide information on the application in practice of this Act, particularly by providing statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed, with regard to the sale and trafficking of children under 18 years of age.

Article 5. Monitoring mechanisms. Task Force on Prevention of People Trafficking and People Smuggling. The Committee previously noted the Government’s information that a Task Force on Prevention of People Trafficking and People Smuggling (Task Force) was formed in March 2010. The mandate of this Task Force was to prevent trafficking in persons through public awareness, protection of victims of trafficking as well as research on trafficking patterns in southern Africa.

The Committee notes the Government’s information that, in addition to the Task Force, the office of the Prime Minister has established a specific department to deal with issues related to human trafficking and smuggling (secretariat). The Committee requests the Government to provide information on the measures taken by the Task Force and its secretariat to prevent trafficking in persons, especially children under the age of 18 years. The Committee once again requests the Government to provide concrete information on the number of cases of trafficking of children under the age of 18 years that have been identified by the Task Force.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan on the Elimination of the Worst Forms of Child Labour. The Committee previously noted the Government’s indication that the National Action Programme on the Elimination of the Worst Forms of Child Labour (NAP-WFCL) was submitted to the Labour Advisory Board (LAB) for consideration and would soon thereafter be submitted to the Cabinet for adoption.

The Committee notes the Government’s information that the NAP-WFCL was reviewed in 2012 with technical assistance from the ILO, and that the redrafted version will soon be submitted to Cabinet for approval and adoption. The Committee strongly urges the Government to take immediate measures to ensure that the NAP-WFCL is adopted as a matter of urgency, and requests the Government to provide information on progress made in this regard in its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that, according to the National Report of Swaziland to the United Nations Human Rights Council of 19 July 2011, (A/HRC/WG.6/12/SWZ/1, paragraph 38), (report to the United Nations Human Rights Council), the gross enrolment rate at the lower secondary level increased from 75 per cent (78 per cent male and 72 per cent female) in 2009 to 78 per cent (81 per cent male and 75.5 per cent female) in 2010. At the senior secondary level, the gross enrolment rate increased from 34 per cent in 2009 to 57 per cent in 2010. The Committee noted, however, that according to the World Data on Education – Swaziland, seventh edition, 2010–11, compiled and published by UNESCO, of those who entered the education system, only about half of them completed the primary education, and many took as long as ten years to do so, due to high repetition rates. Both the repetition and drop-out rates were particularly high in the first four grades, and by fourth grade, nearly 20 per cent of grade 1 pupils dropped out.

The Committee notes the Government’s statement that it is taking the necessary measures to strengthen the education system and improve access to primary education and decrease drop-out rates. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to improve the functioning of the education system. In this regard, the Committee requests the Government to provide concrete information on the measures taken to improve access to free basic education to children at the primary level, and decrease the drop-out rates. It once again requests the Government to provide updated statistical information on the school enrolment and attendance rates as well as drop-out rates in its next report.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Following its previous comments, the Committee notes the Government’s indication that the Children Protection and Welfare Act was adopted in 2012 and that this law outlines the measures and steps to be taken to remove children from the worst forms of child labour and to provide for their social reintegration. The Committee requests the Government to provide information on the measures taken pursuant to the Children Protection and Welfare Act to remove children from the worst forms of child labour and ensure their rehabilitation and social integration, and on the results obtained.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that children were employed to pick cotton and harvest sugar cane, and were also engaged in herding in remote locations and domestic service. Children working in agriculture performed physically arduous tasks and risk occupational injury and disease from exposure to dangerous tools, insecticides and herbicides. Children also worked as porters, transporting heavy loads in self-made carts, collecting fees and calling out routes while climbing in and out of moving vehicles. The Committee also noted that, according to the International Trade Union Confederation (ITUC) Report for the World Trade Organization General Council Review of Trade Policies, in 2009, two brothels in central Swaziland were discovered where underage girls worked just to obtain food.

The Committee notes the Government’s statement that it will provide statistics and data on the prevalence of the worst forms of child labour in Swaziland once these are available. The Committee urges the Government to take the necessary measures to collect and compile data on children involved in the worst forms of child labour. Accordingly, it once again requests the Government to provide, in its next report, statistical information on the nature, extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.