Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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, and that section 149(1) of the draft Employment Bill provides for penalties for the contravention of the provisions under section 10(1). The Committee noted the Government’s indication that the redrafting of the proposed Employment Bill was finalized by the Labour Advisory Board (LAB) and that it would soon be submitted to the Cabinet for adoption and publication. The Government also indicated that the LAB accepted and included the draft provisions on the prohibition of the worst forms of child labour, including the penalties.

The Committee notes the Government’s information in its report that the Employment Bill has not been adopted, and that the adoption of the Bill is likely to be delayed due to the lack of legal drafters. The Committee recalls that since 2009, its comments have indicated the need to adopt the Employment Bill to address the worst forms of child labour in accordance with the Convention. The Committee notes with concern that the process of adoption is significantly delayed. The Committee therefore urges the Government to take the necessary measures to ensure that the draft Employment Bill is adopted without delay. It once again requests the Government to supply a copy thereof, 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 (SODV Bill) would be adopted in the near future. The Committee also noted the Government’s indication that the SODV Bill, which sought to protect children against commercial sexual exploitation, would soon be promulgated into law.

The Committee notes the Government’s indication that, the SODV Bill will be adopted in the near future. The Committee urges the Government to take the necessary measures to ensure that the Sexual Offences and Domestic Violence Bill is adopted without delay, and requests it to supply a copy thereof once it has been adopted.

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 also noted 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 notes the Government’s information that, the Employment Bill has not been adopted. The Committee therefore urges 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 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 LAB for consideration and that the NAP–WFCL was reviewed in 2012 with technical assistance from the ILO, and that the redrafted version would soon be submitted to the Cabinet for approval and adoption.

The Committee notes the Government’s information that the NAP–WFCL has been submitted to the Cabinet for its consideration and adoption. The Committee once again strongly urges the Government to take the necessary measures to ensure that the NAP–WFCL is adopted without delay, and requests the Government to provide information on progress made in this regard in its next report.

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 in 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 noted the Government’s statement that it would provide statistics and data on the prevalence of the worst forms of child labour in Swaziland once these are available.

The Committee notes the Government’s indication that there is no information available in this regard and that the Labour Force Survey of 2014 did not capture such information. The Committee once again 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 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.

Noting the Government’s intention to seek assistance from the ILO, the Committee encourages the Government to avail itself of ILO technical assistance, with a view to bringing its law and practice into conformity with the Convention.

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