Observation (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. The Committee previously noted that section 10(1) of the draft Employment Bill prohibits the worst forms of child labour as laid down under Article 3 of the Convention. The Committee noted that section 149(1) of the draft Employment Bill provides for penalties for the contravention of the provisions under section 10(1).

The Committee notes the Government’s indication that the redrafting of the proposed Employment Bill has been finalized by the Labour Advisory Board (LAB) and that it would soon be submitted to Cabinet for adoption and publication. The Government also indicates that the LAB accepted and included the draft provisions on the prohibition of the worst forms of child labour, including the penalties. The Committee requests the Government to take immediate measures to ensure that the draft Employment Bill is passed without delay. It requests the Government to supply a copy thereof along with its next report, once it has been adopted.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously expressed the firm hope that the Sexual Offences and Domestic Violence Bill would be adopted in the near future.

The Committee notes the Government’s information that the Sexual Offences and Domestic Violence Bill, which seeks to protect children against commercial sexual exploitation, will soon be promulgated into law. The Committee urges the Government to take immediate measures to ensure that the Sexual Offences and Domestic Violence Bill is passed without delay. It requests the Government to supply a copy thereof once it has been passed.

Article 4(1). Determination of hazardous types of work. The Committee previously noted that according to section 10(2) of the draft Employment Bill, the Minister may, after consultation with the LAB and by notice in the Gazette, specify particular types of hazardous work prohibited to children and young persons. The Committee noted the Government’s indication that the necessary measures would be taken as envisaged by section 10(2) of the draft Employment Bill.

The Committee notes the Government’s indication, in its report submitted under the Minimum Age Convention, 1973 (No. 138), that the multi-stakeholder Child Labour Committee initiated talks to determine the list of hazardous work and that this list would be sent to the LAB for consideration before being transmitted to the Minister of Labour and Social Security. The Committee, therefore, requests the Government to take the necessary measures to ensure that the types of hazardous work prohibited to children under 18 years of age are determined as a matter of urgency, and that the list is adopted without delay. It requests the Government to provide information on the progress achieved in this regard and to supply a copy of the list of types of hazardous work, once adopted.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS. In its previous comments, the Committee noted that, according to the Epidemiological Fact Sheet on HIV and AIDS of 2009 – Swaziland (UNAIDS), over 69,000 children under the age of 17 years were orphans due to AIDS.

The Committee notes that, according to the March 2012 United Nations General Assembly Special Session (UNGASS) country report, Swaziland is currently implementing a National Multisectoral Strategic Framework 2009–14, in the framework of which the most at risk populations, including orphans and vulnerable children (OVCs), are recognized. In addition, the Committee notes the Government’s indication that children at special risk, once identified, are placed in residential Child Care Facilities, where they receive care and assistance. However, the Committee notes that, according to the March 2012 UNGASS country report, one of the main challenges in the area of OVC protection is the lack of a holistic programme that addresses OVC concerns and needs. Moreover, the Committee observes with deep concern that the number of children under the age of 17 years orphaned due to HIV/AIDS has risen to 78,000, according to the UNAIDS estimates for 2012. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to strengthen its efforts to protect such children from the worst forms of child labour. It requests the Government to provide concrete information on the results achieved through these efforts, in terms of number of OVCs who have effectively been prevented from becoming engaged in the worst forms of child labour or removed from these worst forms.

The Committee is raising other points in a request addressed directly to the Government.