Minimum Age Convention, 1973 (No. 138) - Eswatini (Ratification: 2002)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. National policy. National plan of action. The Committee notes with interest the adoption of the Action Programme on Combating Child Labour in Eswatini 2021-26 (APCCL). The main objective of the APCCL is to address the issues that have been identified as the main drivers of child labour, mainly: poverty; the high prevalence of HIV/Aids; the low quality of education; employers’ preference for child labour; and the lack of public awareness. One of the overall goals of the APCCL is to lay strong social, policy and institutional foundations for eliminating all forms of child labour in the long term, through the pursuit of specific objectives, including the improvement of legislation and its enforcement, the empowerment of vulnerable households, improvement of education and training, and strengthening of institutional capacities. The Government indicates that a Task Team has been appointed in 2021 to drive the implementation of the APCCL and whose functions include providing guidance on child labour policies and programmes; serving as an inter-sectoral forum for consultation on and discussion of APCCL implementation; monitoring progress of APCCL implementation; and mobilizing resources for child labour programmes and action plans. The Committee requests the Government to provide information on the implementation of the APCCL and its impact on the progressive elimination of child labour in the country, including the issues that have been identified as the main drivers of child labourmainly: poverty; the high prevalence of HIV/AIDS; the low quality of education; employers’ preference for child labour; and the lack of public awareness.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. National policy. Revision of the Employment Act. Following its previous comments, the Committee notes that the Employment Bill, 2022, was approved by the Attorney-General and that the legislative process for its adoption (via Cabinet and Parliament) is to follow. The Committee encourages the Government to take the necessary steps to ensure that the Employment Bill, 2022, is adopted without delay, taking into consideration the comments made by the Committee. It requests the Government to provide a copy of the adopted Employment Act with its next report.

Article 2(1). Scope of application and labour inspection. Informal economy, including family undertakings. The Committee observes that, while the current Employment Act excludes domestic employment, agricultural undertakings and family undertakings from its scope of application, and therefore from the coverage of its minimum age provisions, the Employment Bill, 2022, removes these exclusions and sets a minimum age of 15 for employment or work for all workers, including those working in the informal economy. The Committee further notes the Government’s information, in its report, regarding the capacity building workshops it is continuing to conduct for labour inspectors. In particular, the Committee notes that Eswatini has availed itself of ILO technical assistance to introduce the ILO Strategic Labour Compliance Planning on labour inspection, which seeks to address the challenges posed by the lack of resources and position labour administration systems to achieve more with less by maximizing available resources. Measures for improved labour inspection to better monitor child labour violations are also expected to be undertaken in the framework of the Action Programme on Combating Child Labour in Eswatini 2021-26 (APCCL). The Committee requests the Government to continue to take measures to strengthen the capacity of labour inspectors with a view to allowing them to better monitor and identify cases of child labour in the informal economy. It asks the Government to provide information on themeasures taken in this regard, within the framework of the APCCL or otherwise, and the results achieved.

Article 2(3). Age of completion of compulsory education. Following its previous comments, the Committee notes the Government’s statement that compulsory and free primary education does not necessarily end at 12 years, but that some children finish primary education later, in which case it remains free. The Committee reminds the Government that, regardless of the age when some children finish primary education in practice, the age of completion of compulsory education must, by law, be linked to the age of admission to employment or work (2012 General Survey on the fundamental Conventions, paragraph 369). Currently, under the Free Primary Education Act of 2010, education is free and compulsory only in the case of primary education, which normally ends when the child is 12 years of age (unless the child in question either dropped out of school or faced other difficulties in schooling, such as repetition).

The Committee notes, in this regard, the Government’s indication that one of the goals of the Education Sector Policy of 2018 is the provision of an equitable and inclusive education system that affords all learners access to free and compulsory basic education and senior secondary education of high quality. Considering that compulsory education is one of the most effective means of combating child labour, the Committee once again urges the Government to take the necessary steps to make education compulsory (and not only free) for students at the primary and lower secondary levels, up until the minimum age for admission to employment, which is 15 years in the Kingdom of Eswatini.

Article 3(2). Determination of hazardous work. The Committee notes with interest that, as opposed to the Employment Act, the Employment Bill, 2022, in section 9, provides a list of types of hazardous work that are prohibited to children and young persons under 18. Moreover, the Government indicates that Regulations adopted pursuant to the Children’s Protection and Welfare Act, 2012, will soon be published which also will cover the types of hazardous work prohibited to children and young persons. The Committee urges the Government to take the necessary measures to ensure the adoption of the Employment Bill ,2022, in the very near future. It requests the Government to provide a copy of the Regulations adopted pursuant to the Children’s Protection and Welfare Act, 2012.

Article 7. Light work. Following its previous comments, the Committee notes the Government’s information that, under section 10 of the Employment Bill, 2022, children under the minimum age of 15 years can work in certain exceptional circumstances. According to subsections 1 and 3, a child (meaning a person under 15 years of age) may perform work in a family business carried on only by a parent or guardian of the child. This type of work may not be performed during school hours, during the night between 6 p.m. and 7 a.m., for more than six hours per day or for more than 33 hours per week.

The Committee recalls that under Article 7(1) of the Convention, the employment of children is permitted from 13 years of age, in light work which is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. Pursuant to Article 7(3) of the Convention, the competent authority shall determine the light work activities and prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee recalls that in giving effect to Article 7(3) of the Convention, special attention should be given to several key indicators, including the strict limitation of the hours spent at work in a day and in a week, the prohibition of overtime, the granting of a minimum consecutive period of 12 hours’ night rest, and the maintenance of satisfactory standards of safety and health and appropriate instruction and supervision (2012 General Survey on the fundamental Conventions, paragraph 396).

The Committee observes that there is no minimum age set for light work in family undertakings under section 10 of the Employment Bill, 2022 which allows children of any age to work for up to six hours per day or 33 hours per week. The Committee is of the view that children who work for up to 6 hours per day or 33 hours per week cannot effectively attend school, as the time needed for school work, rest and leisure could be considerably reduced, and that, therefore, this exception is not in accordance with the Convention. In this regard, the Committee observes that, in the context of the Integrated Labour Force Survey of 2021 conducted by the National Employment Statistics Office, children between the ages of 12 and 14 working for more than 14 hours per week are considered to be engaged in child labour (page 53). The Committee therefore requests the Government to take the necessary measures to ensure that section 10 of the Employment Bill, 2022 is modified to set a minimum age of 13 years for the performance of work in a family business carried on only by a parent or guardian of the child, and to reduce the number of hours per week that children between the ages of 13 and 15 are permitted to work in these circumstances in order to ensure that such work is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school. In this regard, the Committee suggests that examples could be taken from the Labour Force Survey of 2021 and a maximum number of 14 hours per week established as a threshold. The Committee requests the Government to provide information on the progress made in this regard.

Application of the Convention in practice. Following its previous comments, the Committee notes that the Labour Force Survey 2021 reveals that 8.2 per cent of children of all ages are engaged in child labour in Eswatini, that most child labour occurs in rural areas (86.1 per cent) as opposed to urban areas (13.9 per cent), and that more boys than girls are engaged in child labour. According to the information reported in the document of the ACCPL, the typical kinds of work that children do in Eswatini include herding livestock, fetching water and firewood, ploughing, planting, weeding, cooking, cleaning, washing clothes and selling in kiosks. Noting that a significant number of children are engaged in child labour in Eswatini, the Committee requests the Government to strengthen its efforts to combat child labour. The Committee also requests the Government to continue providing updated statistical information on the situation of working children in Eswatini, including for example data on the number of children and young persons below the minimum age who are engaged in economic activities, and statistics relating to the nature, scope and trends of their work.

The Committee is raising another matter in a request addressed directly to the Government.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. National policy. The Committee previously noted the allegations made by the Swaziland Federation of Trade Unions (SFTU) that there was no national policy or action programme for the elimination of the worst forms of child labour, and that there was no political will on the part of the Government to address the legislative and policy issues concerning child labour. The Committee noted the Government’s indication that the redrafting of the proposed Employment Bill and of the National Action Programme on the Elimination of the Worst Forms of Child Labour (NAP-WFCL) had been finalized by the Labour Advisory Board (LAB) and that both would soon be submitted to Cabinet for adoption and publication.

The Committee notes the Government’s indication in its report that the adoption of the NAP-WFCL and of the Employment Bill was delayed from 2013 to 2015 due to the fact that the tripartite structures of the country, including the LAB, were not functioning. In 2015, the tripartite structures were once again established, leading to the adoption of the NAP-WFCL by the LAB. As for the Employment Bill, the Government requested technical assistance from the ILO on the drafting of the Bill before being further processed through the legislative channels. However, the revision of the Employment Act was shelved by the Government due to the fact that other laws needed to be amended as a matter of priority, such as the Public Service Act, Terrorism Act, and Law and Order Act. The Government indicates that once the final review by the consultant is finished, the Employment Bill will be referred to the Attorney General for further and appropriate processing. Noting that the Government has been referring to the Employment Bill for several years, the Committee urges the Government to take the necessary steps to ensure that it is adopted without delay, taking into consideration the comments made by the Committee, and requests that the Government provide a copy of the enacted Employment Act. The Committee also requests that the Government provide a copy of the NAP-WFCL, as well as information on its impact on the elimination of child labour.

Article 2(1). Scope of application. Informal economy, including family undertakings. The Committee previously observed that, in practice, children appeared to be engaged in child labour in a wide range of activities in the informal economy. Yet, the Committee noted that, pursuant to section 2 of the Employment Act, domestic employment, agricultural undertakings and family undertakings were not included in the definition of “undertaking” and therefore not covered by the minimum age provisions of section 97. While the Committee observed that the draft Employment Bill also exempted family undertakings from the minimum age provisions, it noted the Government’s indication that the Employment Bill, once adopted and promulgated, would include all workers, even those working in the informal economy, so as to be in line with the Convention. Moreover, the Committee noted the Government’s information that, with technical assistance from the ILO, the Ministry of Labour and Social Security had been training labour inspectors on child labour issues and on how to identify child labour in all sectors of the economy.

The Committee notes the Government’s indication that it will continue to adapt and strengthen the labour inspectorate in order to improve its capacity to identify cases of child labour in the informal economy and to ensure the effective application of the Convention. Moreover, the Government indicates that cases of child labour were reported, handled and resolved by the Ministry of Labour and Social Security. The Committee also notes the Government’s information that the ILO provided technical assistance to increase the capacity of labour inspectors on matters relating to child labour through trainings which covered approximately 50 per cent of the labour inspectors.

However, the Government indicates that new inspectors have since been employed who also require such training. In addition, the Committee notes the Government’s information that due to the low number of labour inspectors, the Labour Inspectorate has not been able to conduct inspections in the informal sector of the economy, where child labour is the most prevalent. The Committee notes that, in its report submitted under the Labour Inspection Convention, 1947 (No. 81), the Government shares statistics on the number of inspections conducted, violations detected and penalties applied in 2016. While the Government does not provide information related to child labour violations, the Committee observes that 2,596 inspections were conducted during which 76 violations were detected, but no penalties were imposed, which means that no penalties were imposed for any violations of the labour law provisions prohibiting child labour.

While taking note of the measures taken by the Government, the Committee must emphasize the importance of ensuring that the labour inspection system effectively monitors working children in all areas and sectors (see General Survey on the fundamental Conventions, 2012, paragraph 407). The Committee therefore urges the Government to take the necessary steps to adapt and strengthen the labour inspectorate in order to improve the capacity of labour inspectors and allow them to identify cases of child labour in the informal economy, so as to ensure that the protection afforded by the Convention is effectively applied to all child workers. It requests that the Government provide information on the progress made in this regard.

Article 2(3). Age of completion of compulsory education. The Committee previously noted the Government’s indication that it enacted the Free Primary Education Act of 2010, which contains provisions requiring parents to send their children to school until the completion of primary schooling. However, the Committee noted with concern that primary schooling finishes at the age of 12 years, while the minimum age for admission to employment is 15 years in Swaziland.

The Committee notes the Government’s indication that it took due note of the Committee’s request for extending compulsory education up to the age of 15 years, and that it has made education free for all primary grades. However, the Committee underlines that Article 2(3) of the Convention requires that the specified minimum age for admission to employment or work, which is 15 in Swaziland, not be less than the age of compulsory schooling. Referring to its 2012 General Survey on the fundamental Conventions (paragraph 369), the Committee recalls that compulsory education is one of the most effective means of combating child labour. It thus stresses the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment or work, because where there are no legal requirements establishing compulsory schooling, there is a greater likelihood that children under the minimum age will be engaged in child labour. Considering that compulsory education is one of the most effective means of combating child labour, the Committee once again urges the Government to take the necessary steps to make education compulsory (and not only free) for students at the primary and lower secondary levels, up until the minimum age for admission to employment, which is 15 years in Swaziland.

Article 3(2). Determination of hazardous work. The Committee noted the Government’s statement that upon the adoption of the Employment Bill, measures would be taken in consultation with the social partners to develop a list of types of hazardous work prohibited to children and young persons, as envisaged by section 10(2) of the Employment Bill. The Committee reminded the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous work prohibited to children under 18 years of age shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee noted the Government’s indication 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 indication that the adoption of the list of hazardous work now hinges on the process of enacting the Employment Bill, and that it will keep the Committee informed of the developments in this regard. The Committee therefore once again requests that the Government take the necessary measures to ensure that the types of hazardous work prohibited to children under 18 years of age are determined and that the list is adopted in very near future. It requests that the Government provide information on the progress made in this regard.

Article 7. Light work. The Committee previously noted that 9.3 per cent of children between the ages of 5 and 14 years were engaged in child labour in Swaziland. The Committee noted that the Employment Bill did not appear to set a minimum age for light work, including work in family undertakings. Noting that national legislation did not regulate light work and that a significant number of children under the minimum age were engaged in child labour, the Committee requested the Government to envisage the possibility of adopting provisions to regulate and determine the light work activities performed by children between 13 and 15 years of age, in accordance with Article 7 of the Convention.

The Committee notes the Government’s information that a provision on light work has been included in the Employment Bill in the part dealing with the prohibition of child labour and employment of young persons. The Committee requests that the Government provide information on the progress made in adopting the Employment Bill, including the provisions regulating light work in accordance with Article 7 of the Convention.

Application of the Convention in practice. The Committee previously noted the Government’s information that, due to a lack of resources, the labour inspection management system was not operational, and that data was still being compiled manually. However, it noted the Government’s indication that the Labour Force Survey was being conducted and that this survey included questions on the employment of children. In addition, the Government indicated that the Central Statistical Office was being assisted by the ILO in order to conduct a fully-fledged survey on child labour.

The Committee notes with concern the Government’s information that statistics on child labour are not available due to the fact that the 2013–14 Integrated Labour Force Survey did not cover issues related to child employment. It notes the Government’s indication that child employment statistics will be included in future surveys. The Committee requests that the Government take measures to ensure sufficient updated statistical information on the situation of working children in Swaziland is made available, including for example data on the number of children and young persons below the minimum age who are engaged in economic activities, and statistics relating to the nature, scope and trends of their work.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Application of the Convention in practice. The Committee previously noted the Government’s indication that the labour inspection management system was in the process of being computerized and that the data on child labour would be compiled and kept thereafter.

The Committee notes the Government’s information that, due to lack of resources, the labour inspection management system is not operational, and that data is still being compiled manually. It notes, however, the Government’s indication that the Labour Force Survey is currently being conducted and that this survey includes questions on the employment of children. In addition, the Government indicates that the Central Statistical Office is being assisted by the ILO in order to conduct a fully fledged survey on child labour. The Committee requests the Government to supply the results of the Labour Force Survey pertaining to the employment of children, as well as the results of the survey on child labour, once completed. It also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including extracts from inspection services reports, and information on the number and nature of contraventions reported.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy. The Committee previously noted the allegations made by the Swaziland Federation of Trade Unions (SFTU) that there was no national policy or action programme for the elimination of the worst forms of child labour and that there was no political will on the part of the Government to address the legislative and policy issues concerning child labour.

The Committee notes the Government’s indication that the redrafting of the proposed Employment Bill and of the National Action Programme on the Elimination of the Worst Forms of Child Labour (NAP–WFCL) has been finalized by the Labour Advisory Board (LAB) and that both would soon be submitted to Cabinet for adoption and publication. Noting that the Government has been referring to the draft Employment Bill and draft NAP–WFCL for several years, the Committee urges the Government to take the necessary measures to ensure that they are adopted without delay, taking into consideration the comments made by the Committee. It requests the Government to provide information on the progress made in this regard.

Article 2(1). Scope of application. Informal economy, including family undertakings. The Committee previously observed that, in practice, children appeared to be engaged in child labour in a wide range of activities in the informal economy. Yet, the Committee noted that, pursuant to section 2 of the Employment Act, domestic employment, agricultural undertakings and family undertakings were not included in the definition of “undertaking” and therefore not covered by the minimum age provisions of section 97. The Committee further observed that the draft Employment Bill also exempts family undertakings from the minimum age provisions. The Committee therefore reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of work, including work in family undertakings. The Committee also recalled that, in its first report, the Government did not avail itself of the possibility of exclusion of limited categories of employment or work as envisaged in Article 4 of the Convention.

The Committee notes the Government’s indication that the Employment Bill, once adopted and promulgated, will include all workers, even those working in the informal economy, so as to be in line with the Convention. Moreover, the Committee notes the Government’s information that, with technical assistance from the ILO, the Ministry of Labour and Social Security has been training labour inspectors on child labour issues and on how to identify child labour in all sectors of the economy. The Committee requests the Government to continue to take measures to adapt and strengthen the labour inspectorate in order to improve the capacity of labour inspectors to identify cases of child labour in the informal economy and to ensure that the protection afforded by the Convention is effectively applied to all child workers. It also requests the Government to provide a copy of the adopted Employment Bill along with its next report.

Article 2(3). Age of completion of compulsory education. The Committee previously noted the Government’s indication that it enacted the Free Primary Education Act of 2010, which contains provisions requiring parents to send their children to school until the completion of primary schooling. However, the Committee noted with concern that primary schooling finishes at the age of 12 years, while the minimum age for admission to employment is 15 years in Swaziland.

The Committee once again notes the Government’s statement that the concerns raised by the Committee with regard to linking the school-leaving age with the minimum age for admission to employment will be considered in due course. Considering that compulsory education is one of the most effective means of combating child labour, the Committee once again urges the Government to take the necessary measures to extend compulsory education up to the minimum age for admission to employment, which is 15 years in Swaziland.

Article 3(2). Determination of hazardous work. The Committee noted the Government’s statement that once the draft Employment Bill was adopted, measures would be taken in consultation with the social partners to develop a list of types of hazardous work prohibited to children and young persons, as envisaged by section 10(2) of the draft Employment Bill. The Committee reminded the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous work prohibited to children under 18 years of age shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned.

The Committee notes the Government’s indication 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 and that the list is adopted in very near future. It requests the Government to provide information on the progress made in this regard.

Article 7. Light work. The Committee previously noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work in Swaziland, 9.3 per cent of children between the ages of 5 and 14 years were engaged in child labour. The Committee noted that the draft Employment Bill did not appear to set a minimum age for light work, including work in family undertakings. Noting that national legislation did not regulate light work and that a significant number of children under the minimum age were engaged in child labour, the Committee requested the Government to envisage the possibility of adopting provisions to regulate and determine the light work activities performed by children between 13 and 15 years of age, in accordance with Article 7 of the Convention.

The Committee notes the Government’s indication that the concerns raised on this point have been noted. Expressing the hope that, in the framework of the draft Employment Bill, provisions will be adopted to regulate and determine light work activities, the Committee requests the Government to provide information on the progress made in this regard in its next report.

The Committee urges the Government to take the necessary measures to ensure, without delay, the adoption of the Employment Bill. In this regard, it strongly encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. The Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Part V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that the labour inspection management system was in the process of being computerized and that the data on child labour would be compiled and kept thereafter.

The Committee notes the Government’s information that, due to lack of resources, the labour inspection management system is not operational, and that data is still being compiled manually. It notes, however, the Government’s indication that the Labour Force Survey is currently being conducted and that this survey includes questions on the employment of children. In addition, the Government indicates that the Central Statistical Office is being assisted by the ILO in order to conduct a fully fledged survey on child labour. The Committee requests the Government to supply the results of the Labour Force Survey pertaining to the employment of children, as well as the results of the survey on child labour, once completed. It also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including extracts from inspection services reports, and information on the number and nature of contraventions reported.

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

Article 1 of the Convention. National policy. The Committee previously noted the allegations made by the Swaziland Federation of Trade Unions (SFTU) that there was no national policy or action programme for the elimination of the worst forms of child labour and that there was no political will on the part of the Government to address the legislative and policy issues concerning child labour.

The Committee notes the Government’s indication that the redrafting of the proposed Employment Bill and of the National Action Programme on the Elimination of the Worst Forms of Child Labour (NAP–WFCL) has been finalized by the Labour Advisory Board (LAB) and that both would soon be submitted to Cabinet for adoption and publication. Noting that the Government has been referring to the draft Employment Bill and draft NAP–WFCL for several years, the Committee urges the Government to take the necessary measures to ensure that they are adopted without delay, taking into consideration the comments made by the Committee. It requests the Government to provide information on the progress made in this regard.

Article 2(1). Scope of application. Informal economy, including family undertakings. The Committee previously observed that, in practice, children appeared to be engaged in child labour in a wide range of activities in the informal economy. Yet, the Committee noted that, pursuant to section 2 of the Employment Act, domestic employment, agricultural undertakings and family undertakings were not included in the definition of “undertaking” and therefore not covered by the minimum age provisions of section 97. The Committee further observed that the draft Employment Bill also exempts family undertakings from the minimum age provisions. The Committee therefore reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of work, including work in family undertakings. The Committee also recalled that, in its first report, the Government did not avail itself of the possibility of exclusion of limited categories of employment or work as envisaged in Article 4 of the Convention.

The Committee notes the Government’s indication that the Employment Bill, once adopted and promulgated, will include all workers, even those working in the informal economy, so as to be in line with the Convention. Moreover, the Committee notes the Government’s information that, with technical assistance from the ILO, the Ministry of Labour and Social Security has been training labour inspectors on child labour issues and on how to identify child labour in all sectors of the economy. The Committee requests the Government to continue to take measures to adapt and strengthen the labour inspectorate in order to improve the capacity of labour inspectors to identify cases of child labour in the informal economy and to ensure that the protection afforded by the Convention is effectively applied to all child workers. It also requests the Government to provide a copy of the adopted Employment Bill along with its next report.

Article 2(3). Age of completion of compulsory education. The Committee previously noted the Government’s indication that it enacted the Free Primary Education Act of 2010, which contains provisions requiring parents to send their children to school until the completion of primary schooling. However, the Committee noted with concern that primary schooling finishes at the age of 12 years, while the minimum age for admission to employment is 15 years in Swaziland.

The Committee once again notes the Government’s statement that the concerns raised by the Committee with regard to linking the school-leaving age with the minimum age for admission to employment will be considered in due course. Considering that compulsory education is one of the most effective means of combating child labour, the Committee once again urges the Government to take the necessary measures to extend compulsory education up to the minimum age for admission to employment, which is 15 years in Swaziland.

Article 3(2). Determination of hazardous work. The Committee noted the Government’s statement that once the draft Employment Bill was adopted, measures would be taken in consultation with the social partners to develop a list of types of hazardous work prohibited to children and young persons, as envisaged by section 10(2) of the draft Employment Bill. The Committee reminded the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous work prohibited to children under 18 years of age shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned.

The Committee notes the Government’s indication 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 and that the list is adopted in very near future. It requests the Government to provide information on the progress made in this regard.

Article 7. Light work. The Committee previously noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on Understanding Children’s Work in Swaziland, 9.3 per cent of children between the ages of 5 and 14 years were engaged in child labour. The Committee noted that the draft Employment Bill did not appear to set a minimum age for light work, including work in family undertakings. Noting that national legislation did not regulate light work and that a significant number of children under the minimum age were engaged in child labour, the Committee requested the Government to envisage the possibility of adopting provisions to regulate and determine the light work activities performed by children between 13 and 15 years of age, in accordance with Article 7 of the Convention.

The Committee notes the Government’s indication that the concerns raised on this point have been noted. Expressing the hope that, in the framework of the draft Employment Bill, provisions will be adopted to regulate and determine light work activities, the Committee requests the Government to provide information on the progress made in this regard in its next report.

The Committee urges the Government to take the necessary measures to ensure, without delay, the adoption of the Employment Bill. In this regard, it strongly encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. The Committee reminds the Government that it may avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments made by the Swaziland Federation of Trade Unions (SFTU) in a communication dated 30 August 2011, as well as the Government’s report.

Article 1 of the Convention. National policy. The Committee had previously noted the Government’s indication that the draft Employment Bill had been submitted to the Cabinet for approval. It had also noted that a draft National Action Programme on the Elimination of the Worst Forms of Child Labour was elaborated.

The Committee notes the allegations made by the SFTU that there is no national policy or an action programme for the elimination of the worst forms of child labour and that there is no political will on the part of the Government to address the legislative as well as policy issues concerning child labour.

The Committee notes the Government’s information in its report that the National Action Programme on the Elimination of the Worst Forms of Child Labour is being considered by the Labour Advisory Board and will soon be submitted to Cabinet for adoption. It also notes the Government’s statement that the draft Employment Bill was withdrawn from the Parliament as the social partners felt it necessary to incorporate further issues that had been left out. The Committee requests the Government to take the necessary measures to ensure that the draft Employment Bill will be adopted in the near future, taking into consideration the comments made by the Committee. It also expresses the firm hope that the National Action Programme on the Elimination of the Worst Forms of Child Labour will be adopted without delay. It requests the Government to provide information on any progress made in this regard.

Article 2(1). Scope of application. Informal sector, including family undertakings. The Committee had previously noted that, pursuant to section 2 of the Employment Act, domestic employment, agricultural undertakings and family undertakings were not included in the definition of “undertaking” and therefore not covered by the minimum age provisions of section 97. It had further noted the Government’s statement that the excluded categories of works would be considered while drafting the Employment Bill.

The Committee notes that according to section 11(1) of the draft Employment Bill a person may not employ a child under the age of 15 years, except in a family business, which in relation to the child means a business carried on only by a parent or guardian of the child. The Committee observes that the draft Employment Bill exempts family undertakings from the minimum age provisions. The Committee therefore reminds the Government that the Convention applies to all branches of economic activity and that it covers all types of work, including work in family undertakings, with the exception of light work, which can only be carried out under the conditions laid down in Article 7 of the Convention. The Committee also recalls that the Government has not availed itself of the possibilities of exclusion of limited categories of employment or work as envisaged in Article 4 of the Convention.

Moreover, the Committee notes that according to a report entitled “2010 Findings on the Worst Forms of Child Labour–Swaziland” available on the website of the United Nations High Commissioner for Refugees, children are employed to pick cotton, harvest sugar cane and are engaged in herding in remote locations and domestic service. This report also indicates that children work 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 therefore observes that, in practice, children appear to be engaged in child labour in a wide range of activities in the informal sector. The Committee therefore requests the Government to take the necessary measures to ensure that children working in the informal sector, including in family undertakings, are entitled in law and in practice to the protection afforded by the Convention. In this regard, it requests the Government to take measures to adapt and strengthen the labour inspection services to effectively monitor children working in the informal sector.

Article 2(3). Age of completion of compulsory education. The Committee had previously noted that according to article 29(6) of the Constitution of 2005, every Swazi child shall have the right to free education in public schools at least up to the end of primary school. However, the Committee had noted with concern that the primary schooling finishes at the age of 12 years while the minimum age for admission to employment is 15 years in Swaziland. Moreover, the Committee had also noted the concerns expressed by the Committee on the Rights of the Child at the high rates of repetition and school drop-outs, as well as the extremely low completion rates in schools.

The Committee notes the Government’s indication that it has enacted the Free Primary Education Act of 2010 which contains provisions requiring parents to send their children to school until the completion of primary schooling. It also notes the Government’s statement that the concerns raised by the Committee with regard to linking the school-leaving age with the minimum age for admission to employment which is 15 years will be considered in due course. The Committee notes that according to the UNICEF statistics for 2009, the net primary school enrolment rates for boys and girls were 82 per cent and 84 per cent respectively, while at the secondary level the net enrolment rates for boys and girls were 31 per cent and 26 per cent respectively. Moreover, the Committee notes that according to the “World Data on Education-Swaziland, seventh edition, 2010–11” compiled and published by UNESCO, of those who enter the education system, only about half of them complete primary education, and many take as long as 10 years to do so, due to high repetition rates. Both the repetition and drop-out rates are particularly high in the first four grades, and by fourth grade, nearly 20 per cent of pupils have dropped out. The Committee expresses its deep concern at the high drop-out rates and low completion rates at the primary level and at the low enrolment rates at the secondary level. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to extend compulsory education up to the minimum age for admission to employment which is 15 years in Swaziland. It also requests the Government to take the necessary measures to increase the school enrolment rates at the secondary level for children up to the age of 15 years as well as to reduce the drop-out rates at the primary level. It requests the Government to provide information on any developments made in this regard.

Article 3(2). Determination of hazardous work. Following its previous comments, the Committee notes the Government’s statement that once the draft Employment Bill has been adopted, measures will be taken in consultation with the social partners to develop a list of types of hazardous work prohibited to children and young persons as envisaged by section 10(2) of the draft Employment Bill. The Committee reminds the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous work prohibited to children under 18 years of age shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to take the necessary measures, without delay, to determine the types of hazardous work prohibited to children under 18 years of age pursuant to section 10(2) of the draft Employment Bill. It requests the Government to provide information on any developments made in this regard.

Article 7. Light work. The Committee notes that the restriction on working hours and night work as provided under section 11(2) of the draft Employment Bill, applies to children working in family undertakings. However, the draft Employment Bill does not appear to set a minimum age for light work, including work in family undertakings. The Committee notes that according to the joint ILO–IPEC, UNICEF and World Bank Report on Understanding Children’s Work in Swaziland, 9.3 per cent of children between the ages of 5 to 14 years are engaged in child labour. The Committee recalls that Article 7(1) of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. Noting that national legislation does not regulate light work and that a significant number of children under the minimum age are engaged in child labour, the Committee requests the Government to envisage the possibility of adopting provisions within the framework of the draft Employment Bill to regulate and determine the light work activities performed by children between 13 and 15 years of age in accordance with Article 7 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s indication that the labour inspection management was in the process of being computerized and that the data on child labour would be compiled and kept thereafter. The Committee notes the absence of information on this point in the Government’s report. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, and information on the number and nature of contraventions reported. It also requests the Government to supply a copy of the data compiled and kept on child labour, if any, by the new labour inspection management system.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. National policy. The Committee had previously noted the Government’s indication that the draft Employment Act had been submitted to the Cabinet for approval. It had also noted that a draft National action programme on the elimination of child labour was elaborated. The Committee had further noted that Swaziland was one among the five countries who participated in the ILO–IPEC project entitled “Towards the elimination of the worst forms of child labour, 2004–08” (TECL). The Committee notes the Government’s statement that the Employment Bill has not yet been promulgated into law, but has been retabled in Parliament. It also notes the Government’s indication that it has finalized consultations with the stakeholders on National action programme on the elimination of child labour which is currently with the Labour Advisory Board and which will be submitted to the Cabinet for adoption. The Committee further notes that, according to the TECL Programme – Swaziland Country Plan, the aim of this programme in Swaziland was to increase the knowledge on the worst forms of child labour as well as child labour, and to assist the country with the formulation of a national child labour action plan that would lay the foundation for concerted action towards the elimination of child labour, prioritising the worst forms of child labour. The Committee hopes that the Employment Bill and the National action programme on the elimination of child labour will be adopted soon and requests the Government to supply a copy thereof, once they have been adopted.

Article 2, paragraph 1. Scope of application. 1. Self-employment. The Committee had previously observed that as per the provision of section 21(2) of the Employment Act, work performed outside the framework of a contract of employment, such as self-employment, appeared to be excluded from its scope of application. It had also noted the Government’s indication that this issue would be taken into consideration in the draft Employment Bill. The Committee notes with interest that Part III of the draft Employment Bill which deals with employment of children and young persons covers work carried on by a child under a contract of service, a contract for services or any other arrangements, as well as any business whether paid or unpaid.

2. Agricultural sector, domestic work and family undertakings. The Committee had previously noted that, pursuant to section 2 of the Employment Act, domestic employment, agricultural undertakings and family undertakings were not included in the definition of “undertaking” and therefore not covered by the minimum age provisions of section 97. The Committee had requested the Government to indicate whether other provisions of the national legislation applicable to these categories of workers prohibited the employment or work of such workers under 15 years of age. It had further noted the Government’s statement that the above concerns would be considered while drafting the Employment Bill. The Committee notes, however, that under section 2 of the draft Employment Bill, the definition of the term “undertaking” retains the above exceptions. It also notes that according to section 9(1) of the draft Employment Bill a child (under the age of 15 years) is said to be engaged in employment if he or she takes part or assists in any business, which according to section 2 is defined as any trade, enterprise, undertaking or establishment. Moreover, section 11(1)(a) of the draft Employment Bill exempts family undertaking from the minimum age provisions. Nevertheless, according to section 11(3) of the draft Employment Bill, a child employed in a family business may not work during school hours; between 6 p.m. and 7 a.m.; for more than six hours a day; for more than 33 hours a week; or for more than four hours continuously without an interval of at least one hour. The Committee further notes that under the draft Industrial Relations Act, the definition of “undertaking” covers domestic service in a household or a private house. The Committee notes the Government’s statement that the rapid assessment study conducted by UNICEF in 2000 indicated that children were found working in agriculture, domestic work, transport and as street vendors. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that children working in the agricultural sector benefit from the protection laid down in the Convention.

3. Work done by children below the age of 15 years in undertakings other than industrial undertakings. The Committee had previously observed that the provisions of section 97(2) of the Employment Act seemed to allow the employment of children under the age of 15 in undertakings, with certain restrictions on working hours and night work, but without setting a minimum age for admission of such children to work. The Committee notes that according to section 11(1) of the draft Employment Bill, a person may not employ a child (under the age of 15 years) except in a family business. It also notes that according to the draft Employment Bill the restrictions are placed on working hours and night work with regard to children employed in a family business (section 11(3)).

Article 2, paragraph 3. Age of completion of compulsory education. The Committee had previously noted that, according to article 29(6) of the new Constitution, every Swazi child shall have the right to free education in public schools at least up to the end of primary school within three years after the Constitution comes into force. The Committee, as did the Committee on the Rights of the Child, in its concluding observations of October 2006 (CRC/C/SWZ/CO/1, paragraphs 59 and 60), welcomed the measures taken by the Government on education, such as the adoption in 2005 of the Universal Primary Education Plan. However, it had expressed its concern at the high rates of repetition and drop-outs, as well as the extremely low completion rates in schools. The Committee notes the Government’s statement that it is currently engaged in consultations with the relevant stakeholders to implement free education from 2010, starting with grades I and II and gradually increasing up to grade VII. It also notes the Government’s information that the primary schooling starts at the age of 6 years at grade I and is completed at grade VII at the age of 12 years. The Committee observes that the requirement under Article 2(3) of the Convention is met to the extent that the minimum age for admission to employment or work (15 years) is not below the age at which compulsory education ends (12 years). Nonetheless, the Committee considers that compulsory education is an effective means of combating child labour and that it is necessary to link the minimum age for admission to employment or work with the age limit for compulsory education. If the two ages do not coincide various problems may arise. If compulsory schooling ends before young people may work legally, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the Committee of Experts on the Application of Conventions and Recommendations (Part 4B), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable for the school-leaving age to coincide with the minimum age for admission to employment or work, as indicated in Paragraph 4 of Recommendation No. 146, in order to avoid a period of forced inactivity and hopes that the Government will provide information on any new developments in this respect.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. In its previous comments, the Committee had noted that, according to section 98(3) of the Employment Act, no person shall employ a child (defined as a person under the age of 15) or a young person (defined as a person who attained the age of 15 but is under the age of 18) in premises which are wholly or mainly used for the sale of intoxicating drinks for consumption on the premises, work which is likely to cause injury to his morals or conduct, work underground, dangerous or unhealthy work, or such other employment as the minister may prescribe. The Committee had requested the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age.

The Committee notes that by virtue of section 10(1)(a)–(g) of the draft Employment Bill employing or engaging a child (under 15 years of age) and a young person (between 15 and 18 years) in the following activities are prohibited: (a) in slavery, forced labour; forced or compulsory recruitment for use in armed conflict; (b) for prostitution, pornography or for pornographic performances; (c) for illicit activities, in particular the production or trafficking of drugs; (d) work in any premises or part of any premises used for the sale or consumption of liquor; (e) any underground work; (f) any dangerous or unhealthy work; or (g) any work which by its nature or the circumstances in which it is carried out, is hazardous or otherwise likely to harm their health, safety or morals, which include those works enumerated under paragraph 3 of Recommendation No. 190.

The Committee also notes that according to subsection (2) of section 10, the minister may, after consultation with the Labour Advisory Board and by notice in the Gazette, specify particular types of work contemplated by subsection (1)(g) which are prohibited to children and young persons. The Committee requests the Government to take the necessary measures to develop a list of types of hazardous work prohibited to children and young persons, pursuant to section 10(2) of the draft Employment Bill.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that a labour force survey was conducted for the first time in Swaziland, but unfortunately did not cover child labour. It also notes the Government’s indication that the labour inspection management system is in the process of being computerized and thereafter all the data will be compiled and kept. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, and information on the number and nature of contraventions reported. It also requests the Government to supply a copy of the data on child labour compiled and kept, if any, by the new labour inspection management system.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 1 of the Convention. National policy. Referring to its previous comments, the Committee takes due note of the adoption of the Constitution of Swaziland 2005 which is now in force and contains provisions dealing with the rights of the child. It also notes the Government’s indication that the draft Employment Act was submitted to the Cabinet and will be submitted to Parliament after 30 days of its publication as bill. According to the Government, the comments made by the Committee will take into account when finalizing the Employment Bill. Moreover, the Committee takes due note that Swaziland is one of the five countries, in addition to South Africa, Botswana, Lesotho and Namibia, which are participating in the ILO/IPEC project entitled “Towards the Elimination of the Worst Forms of Child Labour” (TECL). It also notes, according to a technical progress report on the ILO/IPEC TECL project, that a draft Programme of Action on the Elimination of Child Labour in Swaziland has been elaborated. The Committee requests the Government to provide information on any steps taken with a view to the adoption of the draft Employment Bill and to provide a text thereof once it has been adopted. Moreover, the Committee requests the Government to provide a copy of the draft Programme of Action on the Elimination of Child Labour in Swaziland once it has been finalized.

Article 2, paragraph 1. Scope of application 1. Self-employment. In its previous comments, the Committee noted that, according to section 21(2) of the Employment Act, any person, of or above the age of 15 years, might enter into a contract of employment, defined as a contract of service, apprenticeship or traineeship, whether it was oral or in writing. It observed that the Employment Act therefore appeared to exclude work performed outside the framework of a contract of employment, such as self-employment, from its scope of application. The Committee requested the Government to indicate which provisions of the national legislation, if any exist, set forth the prohibition upon persons under 15 years of age from performing any work outside the framework of an employment contract. In this regard, the Committee notes the Government’s indication that this question has been taken into consideration in the draft Employment Act. It expresses the hope that the draft Employment Act will be adopted shortly so that full effect can be given to this provision of the Convention.

2. Agricultural sector, domestic work and family undertakings. The Committee had previously noted that, pursuant to section 2 of the Employment Act, domestic employment, agricultural undertakings and family undertakings were not included in the definition “undertaking” and therefore not covered by the minimum age provisions of section 97. The Committee requested the Government to indicate whether other provisions of the national legislation applicable to these categories of workers prohibited the employment or work of such workers under 15 years of age. The Committee notes the Government’s indication that the concerns raised by the Committee in this regard will be taken into consideration when reviewing the draft Employment Act. The Government also indicates that it is hoped that the minimum age for admission to employment will be applicable to workers employed in agriculture and family undertakings as well as domestic workers. The Committee expresses the hope that the Government will take the necessary steps to include this matter in the draft Employment Act.

3. Work done by children below the age of 15 years in undertakings other than industrial undertakings. The Committee had previously noted that, according to information available at the Office, the Government of Swaziland and UNICEF estimated that 11.3 per cent of children aged 5–14 years were estimated to be economically active in some way or another in 2000. It had also noted that, according to section 97(2) of the Employment Act, only some restrictions (mainly on working hours and night work) applied to work done by children below the age of 15 years in undertakings other than industrial undertakings, such as establishments, businesses or undertakings engaged in the sale and distribution of goods; administrative services; newspaper production and publication; the treatment or care of children, aged or sick persons; the operation of hotels, restaurants and other places of public entertainment and other. Therefore, the Committee observed that the Employment Act seemed to allow the employment of children under the age of 15 in such undertakings without setting a minimum age for admission of such children to work. The Committee notes the Government’s statement that necessary measures will be taken to ensure that the minimum age for admission of children to work is also extended to other places of public entertainment and any other in addition to those specified under section 97 of the Employment Act. It requests the Government to provide information on any steps taken in this regard.

Article 2, paragraph 3. Age of completion of compulsory education. Referring to its previous comments, the Committee takes due note that, according to Article 29(6) of the new Constitution, every Swazi child shall have the right to free education in public schools at least up to the end of primary school within three years after the Constitution comes into force. It also notes that, in its concluding observations on the Government’s initial report in October 2006 (CRC/C/SWZ/CO/1, paragraphs 59 and 60), the Committee on the Rights of the Child welcomed the adoption in 2005 of the Universal Primary Education Plan, which has been implemented in the country, and was encouraged by the significant percentage of the Government’s gross domestic product (GDP) that is allocated to education. Nevertheless, the Committee on the Rights of the Child expressed its concern at the high rates of repetition and dropouts as well as the extremely low completion rates in schools. The Committee, inter alia, recommended that the Government: increase enrolment in primary and secondary education, reducing socio-economic and regional disparities in access to and full enjoyment of the right to education, and take specific measures to reduce the high rates of repetition and drop-outs, as well as to significantly increase the completion rates in school.

The Committee, as did the Committee on the Rights of the Child, welcomes the measures taken by the Government on education, such as the adoption in 2005 of the Universal Primary Education Plan, but expresses its concern about the high rates of repetition and drop-outs, as well as the extremely low completion rates in schools. The Committee is of the view that education contributes to eliminating child labour. Nothing the absence of information in the Government’s report, the Committee requests the Government to take all necessary measures to implement the recommendations made by the Committee on the Rights of the Child. It also requests the Government to provide information concerning education in Swaziland including the age at which primary education starts and the age of its completion, and asks it to supply a copy of the Education Act or any other legislation relating to education in Swaziland. It further encourages the Government to pursue its efforts to provide free and compulsory education as a means to combat and prevent child labour.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work  In its previous comments, the Committee noted that, according to section 98(3) of the Employment Act, no person shall employ a child (defined as a person under the age of 15) or a young person (defined as a person who attained the age of 15 but is under the age of 18) in premises which are wholly or mainly used for the sale of intoxicating drinks for consumption on the premises, work which is likely to cause injury to his morals or conduct, work underground, dangerous or unhealthy work, or such other employment as the Minister may prescribe. The Committee requested the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age.

Nothing the absence of information in the Government’s report, the Committee once again reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. It therefore once again requests the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention, and asks it to supply a copy of such regulations. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that for the year 2000, the ILO estimated that 14,000 children between the ages of 10 and 14 were economically active, of whom 6,000 were girls and 8,000 were boys. This represented 12.3 per cent of children aged 10–14 who were in the labour force. Children below the minimum age were frequently employed in the agricultural sector, particularly in the eastern cotton-growing region and as domestic workers in rural areas. The Committee requested the Government to provide a general appreciation of the manner in which the Convention was applied in practice. The Committee notes the Government’s indication that Swaziland is not yet in a position to provide statistical data on the employment of children. It also notes, according to a technical progress report on the ILO/IPEC TECL project, that a survey on child labour was conducted in the country. The Committee requests the Government to provide information on the results of this survey and to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported, etc., even if such data are in the early stages of compilation.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information on this point. It notes however that a draft Constitution is being considered which contains provisions on the rights of the child. In particular, under draft article 30(1), a child has the right to be protected from engaging in work that constitutes a threat to the health, education or development of that child. The Committee also notes that a new Employment Bill is under consideration, with regard to which the Office has provided its comments. The Committee recalls that, under Article 1 of the Convention, each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee requests the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate child labour. It also asks the Government to keep it informed of the steps taken with a view to the adoption of the draft Constitution and the draft Employment Bill and to provide the texts once they have been adopted. In this regard, the Committee hopes that the Government will take into account the comments from the Office on the draft Employment Bill.

Article 2, paragraph 1. Scope of application. 1. Self-employment. The Committee notes that, according to section 21(2) of the Employment Act, any person, of or above the age of 15 years, may enter into a contract of employment, defined as a contract of service, apprenticeship or traineeship, whether it is oral or in writing. The Employment Act therefore appears to exclude work performed outside the framework of a contract of employment, such as self-employment, from its scope of application. The Committee draws the Government’s attention to the fact that Article 2, paragraph 1, provides that no one under the specified minimum age shall be admitted, not only to employment, but also to any form of work in any occupation. The Committee therefore requests the Government to indicate which provisions of the national legislation, if any exist, set forth the prohibition upon persons under 15 years of age from performing any work outside the framework of an employment contract.

2. Agricultural sector, domestic work and family undertakings. The Committee notes that, pursuant to section 2 of the Employment Act, domestic employment, agricultural undertakings and family undertakings are not included in the definition “undertaking” and therefore not covered by the minimum age provisions of section 97. The Committee reminds the Government that by virtue of Article 2, paragraph 1, of the Convention, the specified minimum age for admission to employment or work shall apply to employment or work in any occupation. No one under that age shall be admitted to employment or work in any occupation, subject to Articles 4-8 of this Convention. It also notes that the Government has not availed itself of the possibilities of exclusion of limited categories of employment or work as envisaged in Article 4. The Committee therefore requests the Government to indicate whether other provisions of the national legislation applicable to these categories of workers prohibit the employment or work of such workers under 15 years of age. If not, it requests the Government to take the necessary measures to ensure that the provisions of the national legislation respecting the minimum age for admission to employment or work are also applicable to workers employed in agricultural and family undertakings as well as domestic workers.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee notes the absence of information on this point in the Government’s report. It notes however that, according to the information available at the Office, primary education in Swaziland starts at the age of 6 and lasts seven years and secondary education lasts five years. Education is neither free nor compulsory. It also notes that, according to article 30(6) of the draft Constitution every Swazi child shall have the right to free education in public schools at least up to the end of primary school within three years after the Constitution comes into force. The Committee further notes that section 97(2) of the Employment Act prohibits the employment of persons under the age of 15 in any undertaking during school hours, defined as school hours prescribed in accordance with the Education Act. The Committee requests the Government to provide information concerning education in Swaziland including the age at which the primary education starts and the age of its completion, and asks it to supply a copy of the Education Act or any other legislation relating to education in Swaziland. It also encourages the Government to pursue its efforts to provide free and compulsory education as a means to combat and prevent child labour.

Article 3, paragraphs 1 and 2. Minimum age for admission to and determination of hazardous work. The Committee notes that, according to section 98(3) of the Employment Act, no person shall employ a child (defined as a person under the age of 15) or a young person (defined as a person who attained the age of 15 but is under the age of 18) in premises which are wholly or mainly used for the sale of intoxicating drinks for consumption on the premises, work which is likely to cause injury to his morals or conduct, work underground, dangerous or unhealthy work, such other employment as the Minister may prescribe. The Committee notes however that the Government’s report contains no information on the existence of any other regulations specifying the types of employment or work, which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons under the age of 18. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention, and asks to supply a copy of such regulations. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 7. Light work. The Committee notes that the Government’s report contains no information regarding permissible light work for young persons aged 13-15. The Committee nonetheless observes that, according to information available at the Office, the Government of Swaziland and UNICEF estimated in 2000 that 11.3 per cent of children aged 5-14 years are economically active in some way or another. Moreover, according to section 97(2) of the Employment Act, only some restrictions (mainly on working hours and night work) apply to work by children below the age of 15 years in undertakings other than industrial undertakings, such as establishments, businesses or undertakings engaged in the sale and distribution of goods; administrative services; the newspaper production and publication; the treatment or care of children, aged or sick persons; the operation of hotels, restaurants and other places of public entertainment and other. Therefore, the Employment Act seems to allow the employment of children under the age of 15 without setting a minimum age for admission of children to work in such undertakings. The Committee recalls that Article 7, paragraph 1, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to take the necessary measures to ensure that only children over 13 years of age are allowed to carry out light work in undertakings other than industrial undertakings as enumerated in section 2 of the Employment Act. It also requests the Government to ensure that work done by children over 13 in such undertakings is only light work in accordance with the conditions set out in Article 7, paragraph 1, of the Convention.

Article 8. Artistic performances. The Committee notes that, according to section 99 of the Employment Act, a child or young person may be employed in the interest of art, science or education, or any form of public entertainment or for the purposes of making cinematographic films, under and in accordance with the conditions of a licence granted by the Minister who may at any time, at his absolute discretion, revoke, vary or suspend the conditions of the licence. No licence shall be granted when, because of the nature of the entertainment, or the circumstances in which it is carried on, or the nature of the cinematographic film or the conditions under which it is made, participation in the entertainment or in the making of the film may be dangerous to the life, health or morals of the child or young person. The period of employment shall not continue after midnight and the child or young person shall be allowed a rest period of at least 14 consecutive hours. The Committee requests the Government to provide information on the procedures relating to grant of licences pursuant to section 99 of the Employment Act, as well as the number and nature of permits granted to children under 15.

Article 9, paragraph 1. Penalties. The Committee notes that, according to section 109 of the Employment Act, as amended in 1997, any person who employs a child or a young person in contravention of this Act shall be guilty of an offence and liable on conviction to a fine not exceeding 3,000 emalangeni (approximately US$480) or to a term of imprisonment not exceeding one year or both. The Committee asks the Government to provide information on the application of these penalties in practice.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that Swaziland is not yet in a position to provide statistical data on the nature, extent and trends of the work done by children and that it hopes to collect and compile the relevant statistics in the near future. It notes however that for the year 2000 the ILO estimated that 14,000 children between the ages of 10 and 14 were economically active, of whom 6,000 were girls and 8,000 were boys. This represents 12.3 per cent of children aged 10-14 who were in the labour force. Children below the minimum age are frequently employed in the agricultural sector, particularly in the eastern cotton-growing region and as domestic workers in rural areas. According to the 1997 Population and Housing Census in Swaziland, 4,521 children between the ages of 12 and 17 years were working in traditional or subsistence agriculture, while 403 worked on commercial farms. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported etc, even if such data are in the early stages of compilation.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s first report. It also notes with interest that Swaziland ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 23 October 2002. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that the Government’s report does not contain any information on this point. It notes however that a draft Constitution is being considered which contains provisions on the rights of the child. In particular, under draft article 30(1), a child has the right to be protected from engaging in work that constitutes a threat to the health, education or development of that child. The Committee also notes that a new Employment Bill is under consideration, with regard to which the Office has provided its comments. The Committee recalls that, under Article 1 of the Convention, each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee requests the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate child labour. It also asks the Government to keep it informed of the steps taken with a view to the adoption of the draft Constitution and the draft Employment Bill and to provide the texts once they have been adopted. In this regard, the Committee hopes that the Government will take into account the comments from the Office on the draft Employment Bill.

Article 2, paragraph 1. Scope of application. 1. Self-employment. The Committee notes that, according to section 21(2) of the Employment Act, any person, of or above the age of 15 years, may enter into a contract of employment, defined as a contract of service, apprenticeship or traineeship, whether it is oral or in writing. The Employment Act therefore appears to exclude work performed outside the framework of a contract of employment, such as self-employment, from its scope of application. The Committee draws the Government’s attention to the fact that Article 2, paragraph 1, provides that no one under the specified minimum age shall be admitted, not only to employment, but also to any form of work in any occupation. The Committee therefore requests the Government to indicate which provisions of the national legislation, if any exist, set forth the prohibition upon persons under 15 years of age from performing any work outside the framework of an employment contract.

2. Agricultural sector, domestic work and family undertakings. The Committee notes that, pursuant to section 2 of the Employment Act, domestic employment, agricultural undertakings and family undertakings are not included in the definition "undertaking" and therefore not covered by the minimum age provisions of section 97. The Committee reminds the Government that by virtue of Article 2, paragraph 1, of the Convention, the specified minimum age for admission to employment or work shall apply to employment or work in any occupation. No one under that age shall be admitted to employment or work in any occupation, subject to Articles 4-8 of this Convention. It also notes that the Government has not availed itself of the possibilities of exclusion of limited categories of employment or work as envisaged in Article 4. The Committee therefore requests the Government to indicate whether other provisions of the national legislation applicable to these categories of workers prohibit the employment or work of such workers under 15 years of age. If not, it requests the Government to take the necessary measures to ensure that the provisions of the national legislation respecting the minimum age for admission to employment or work are also applicable to workers employed in agricultural and family undertakings as well as domestic workers.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee notes the absence of information on this point in the Government’s report. It notes however that, according to the information available at the Office, primary education in Swaziland starts at the age of 6 and lasts seven years and secondary education lasts five years. Education is neither free nor compulsory. It also notes that, according to article 30(6) of the draft Constitution every Swazi child shall have the right to free education in public schools at least up to the end of primary school within three years after the Constitution comes into force. The Committee further notes that section 97(2) of the Employment Act prohibits the employment of persons under the age of 15 in any undertaking during school hours, defined as school hours prescribed in accordance with the Education Act. The Committee requests the Government to provide information concerning education in Swaziland including the age at which the primary education starts and the age of its completion, and asks it to supply a copy of the Education Act or any other legislation relating to education in Swaziland. It also encourages the Government to pursue its efforts to provide free and compulsory education as a means to combat and prevent child labour.

Article 3, paragraphs 1 and 2. Minimum age for admission to and determination of hazardous work. The Committee notes that, according to section 98(3) of the Employment Act, no person shall employ a child (defined as a person under the age of 15) or a young person (defined as a person who attained the age of 15 but is under the age of 18) in premises which are wholly or mainly used for the sale of intoxicating drinks for consumption on the premises, work which is likely to cause injury to his morals or conduct, work underground, dangerous or unhealthy work, such other employment as the Minister may prescribe. The Committee notes however that the Government’s report contains no information on the existence of any other regulations specifying the types of employment or work, which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons under the age of 18. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention, and asks to supply a copy of such regulations. It also requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 6. Vocational training and apprenticeship. The Committee notes that, according to section 18 of the Industrial and Vocational Training Act, in order to bind oneself as an apprentice or trainee, one must have reached the age of 15 years; completed any period of compulsory education required by law; have the qualifications required for a specific trade or occupation; and certified as medically fit for the work. Section 27(b) of this Act holds as null and void any term of a contract of apprenticeship or traineeship, which requires an apprentice or trainee to work overtime. It also notes that, pursuant to section 30 of the Industrial and Vocational Training Act, the Minister may make schemes for regulating the training of apprentices or trainees in an industry, trade or occupation. Such schemes may specify, among other things, working hours, minimum wages and conditions of employment, which shall apply to apprentices and trainees. The Committee requests the Government to indicate whether such schemes have been made by the Minister pursuant to section 30 of the Industrial and Vocational Training Act.

Article 7. Light work. The Committee notes that the Government’s report contains no information regarding permissible light work for young persons aged 13-15. The Committee nonetheless observes that, according to information available at the Office, the Government of Swaziland and UNICEF estimated in 2000 that 11.3 per cent of children aged 5-14 years are economically active in some way or another. Moreover, according to section 97(2) of the Employment Act, only some restrictions (mainly on working hours and night work) apply to work by children below the age of 15 years in undertakings other than industrial undertakings, such as establishments, businesses or undertakings engaged in the sale and distribution of goods; administrative services; the newspaper production and publication; the treatment or care of children, aged or sick persons; the operation of hotels, restaurants and other places of public entertainment and other. Therefore, the Employment Act seems to allow the employment of children under the age of 15 without setting a minimum age for admission of children to work in such undertakings. The Committee recalls that Article 7, paragraph 1, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to take the necessary measures to ensure that only children over 13 years of age are allowed to carry out light work in undertakings other than industrial undertakings as enumerated in section 2 of the Employment Act. It also requests the Government to ensure that work done by children over 13 in such undertakings is only light work in accordance with the conditions set out in Article 7, paragraph 1, of the Convention.

Article 8. Artistic performances. The Committee notes that, according to section 99 of the Employment Act, a child or young person may be employed in the interest of art, science or education, or any form of public entertainment or for the purposes of making cinematographic films, under and in accordance with the conditions of a licence granted by the Minister who may at any time, at his absolute discretion, revoke, vary or suspend the conditions of the licence. No licence shall be granted when, because of the nature of the entertainment, or the circumstances in which it is carried on, or the nature of the cinematographic film or the conditions under which it is made, participation in the entertainment or in the making of the film may be dangerous to the life, health or morals of the child or young person. The period of employment shall not continue after midnight and the child or young person shall be allowed a rest period of at least 14 consecutive hours. The Committee requests the Government to provide information on the procedures relating to grant of licences pursuant to section 99 of the Employment Act, as well as the number and nature of permits granted to children under 15.

Article 9, paragraph 1. Penalties. The Committee notes that, according to section 109 of the Employment Act, as amended in 1997, any person who employs a child or a young person in contravention of this Act shall be guilty of an offence and liable on conviction to a fine not exceeding 3,000 emalangeni (approximately US$480) or to a term of imprisonment not exceeding one year or both. The Committee asks the Government to provide information on the application of these penalties in practice.

Article 9, paragraph 3. Registers of employment. The Committee notes that section 151 of the Employment Act requires every employer to keep a register of all young persons and children containing names, addresses, dates of birth and other information, and, in addition, in the case of young persons employed in an industrial undertaking, the date and results of the medical examination. According to section 155(2) of the Employment Act, any employer who fails to keep any register or record shall be guilty of an offence. It also notes that section 26 of the Industrial and Vocational Training Act requires every employer who employs an apprentice or trainee to keep such records and other particulars as may be prescribed and shall retain such records for a period of three years after the date on which the contract came to an end. The Committee takes note of this information and asks the Government to provide a model of the register in question, if such exists.

Part III of the report form. The Committee notes that, according to section 7 of the Employment Act, the Labour Commissioner shall be responsible for the application, enforcement and administration of this Act. It also notes that section 5 of the Industrial and Vocational Training Act provides for the appointment of a director and such other officers as may be necessary for the purposes of this Act. The Committee requests the Government to provide further information on the functioning of the Labour Commissioner and any other mechanisms established for the effective enforcement of the labour legislation.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that Swaziland is not yet in a position to provide statistical data on the nature, extent and trends of the work done by children and that it hopes to collect and compile the relevant statistics in the near future. It notes however that for the year 2000 the ILO estimated that 14,000 children between the ages of 10 and 14 were economically active, of whom 6,000 were girls and 8,000 were boys. This represents 12.3 per cent of children aged 10-14 who were in the labour force. Children below the minimum age are frequently employed in the agricultural sector, particularly in the eastern cotton-growing region and as domestic workers in rural areas. According to the 1997 Population and Housing Census in Swaziland, 4,521 children between the ages of 12 and 17 years were working in traditional or subsistence agriculture, while 403 worked on commercial farms. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported etc, even if such data are in the early stages of compilation.