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

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

Article 5 of the Convention. Monitoring mechanisms. Secretariat and Task Force on Prevention of People Trafficking and People Smuggling. Following its previous comments, the Committee notes the Government’s information according to which the Secretariat for the Prevention of People Trafficking and People Smuggling (Secretariat), established within the Prime Minister’s Office, has provided trainings on trafficking to judicial officers, the police, labour inspectorate, prosecutors, immigration officers and social workers. The Committee further notes the indication from the Government that the Task Force for the Prevention of People Trafficking and People Smuggling was re-established in January 2017. The Committee requests the Government to continue providing information on the measures taken by the Secretariat and Task Force to prevent trafficking in persons, in particular of children under the age of 18 years. It also once again requests the Government to provide concrete information on the number of cases of trafficking of children under the age of 18 years that have been identified by the Task Force.

Article 6 and application of the Convention in practice. National Action Plan. The Committee notes that the Action Programme on Combating Child Labour in Eswatini (APCCL) was adopted in September 2021, and that a multi-sectoral Task Team was appointed for its implementation. It notes that the overall objective of the APCCL is firstly to reduce the incidence of the worst forms of child labour to the barest minimum. The Government indicates that information in this regard will be contained in the next report to be submitted on the application on the Convention to the Committee. The Committee requests the Government to provide information on the application in practice of the APCCL and on the results achieved in terms of the number of children protected from the worst forms of child labour, in particular hazardous work.

Articles 6 and 7(2). National plan of action and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the Government’s detailed information regarding the measures taken for the prevention of child trafficking and for the protection and rehabilitation of child victims. In particular, it notes that the Government formally launched the National Strategic Framework and Action Plan to Combat People Trafficking 2019–2023, with the support of UNODC, which addresses among other priorities, the current gaps in the victim protection measures, by advocating for a victim-centred approach as one of the guiding principles. The Committee further notes the Government’s information that the Secretariat has conducted advocacy and communications campaigns to prevent trafficking, as well as awareness-raising along the borders. It also launched an awareness campaign to combat trafficking in persons in collaboration with the IOM, which aims to build the capacity of communities to identify and report trafficking cases to the authorities. Moreover, the Government indicates that a Protection Officers Portfolio has been established within the Secretariat and is responsible for coordination of victim care, protection and assistance, and that it has established formal procedures to identify trafficking victims and refer them to care. The Government further indicates that it owns one facility that provides short-term care for victims of crime, including trafficking, and has a second training facility with a residential component that could house victims. The Government indicates that, in 2020 and 2021, it identified and referred six and four victims of trafficking, respectively, to care. All identified victims were girls, including three from Eswatini and one from Mozambique. The Government first referred identified victims to a Government facility for initial food, clothing, toiletries, psychosocial support, and medical care. It then reunified the three Swati victims with their families. The Committee welcomes the measures taken by the Government and requests it to continue providing information on the measures taken to prevent children from becoming victims of trafficking and withdrawing child victims of trafficking and rehabilitating and socially integrating them, as well as on the results achieved.

Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s detailed information regarding the measures taken to improve the education system. In this regard, the Government indicates that the availability of education has improved through various initiatives, including the strengthening of the enabling policy environment, institutional capacity and monitoring and evaluation functions at the central level, and implementation capacity at a school and regional level. In particular, the Government has developed an action plan to facilitate the implementation of the Education Sector Strategic Plan (ESSP) 2010–2022 and the Education Sector Policy, 2011 revised in 2018 as well as the National Education and Training Improvement Programme (NETIP). These reforms in the education system have sought to improve the availability of, and access to pre-primary, primary and secondary schools. Furthermore, as the ESSP and NETIP come to an end, various studies have and will be undertaken, including an analysis on the education sector, to further help inform the development of the next ESSP.

The Committee notes that, according to the 2018 Report on Out of School Children in Eswatini, published by the Ministry of Education and Training and UNICEF, repetition and dropout appear to be serious problems throughout the Swati school system, and even more so as children become older. In this regard, the report reveals that, among other issues, there is an acute problem of inadequate availability of well-trained teachers in the country, which represents a major cause of concern. The Committee also notes the concern expressed by the United Nations Committee on the Rights of the Child, in its concluding observations of 22 October 2021, about high dropout rates, low enrolment rates in secondary education, the large number of unqualified teachers and the hidden costs related to education (CRC/C/SWZ/CO/2-4, para. 62). Similarly, UNICEF noted that school dropouts were caused by poverty and the inability to pay top-up fees at primary levels and the high cost of secondary education (A/HRC/WG.6/39/SWZ/2, para. 46). Considering that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue taking measures to improve the functioning of the education system, in particular to reduce school repetition and dropout rates at the secondary level. It requests the Government to provide updated statistical information on the school enrolment and attendance rates as well as drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s information that, according to 2021 UNAIDS estimates, the number of orphans due to HIV/AIDS has increased to 58,000, as opposed to the 47,000 noted by the Committee in 2015–2016. The Committee notes that, in the framework of APCCL, the high prevalence of HIV and AIDS in the country has been identified as one of the root causes of child labour, making addressing this issue one of its objectives. The Committee indicates that, with the appointment of the Task Team to drive the effective implementation of the APCCL, it is anticipated that detailed information on the measures taken to protect child orphans due to HIV/AIDS from the worst forms of child labour will be contained in the next report submitted by the Government on the application of the Convention. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect these children from the worst forms of child labour. It once again requests the Government to provide concrete information on the results achieved through these efforts, in terms of the number of OVCs who have effectively been prevented from becoming engaged in the worst forms of child labour or removed from these worst forms.

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

Article 3 of the Convention. Worst forms of child labour. Following its previous comments, the Committee notes that section 10 of the Employment Bill prohibits the worst forms of child labour. Recognizing that the Employment Bill has been subjected to a thorough process of consultations, including with the ILO, the Government indicates that it hopes that the remaining legislative process will be undertaken without further needless delays. The Committee therefore urges the Government to take the necessary measures to ensure that the draft Employment Bill is adopted without delay. It once again requests the Government to supply a copy thereof, once it has been adopted.

Clause (a). Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information, in its report, regarding investigations, prosecutions and convictions conducted under the People Trafficking and Smuggling (Prohibition) Act No. 11 of 2010. In particular, the Government investigated 14 suspected trafficking cases in 2018-19 – eight cases of forced labour, two sex trafficking cases, and three cases of an unknown type of exploitation – compared with 19 the previous year (2017). During the same year 2018–19 the Government initiated prosecutions of three alleged traffickers compared with one during the year 2017–18. The Committee further notes the Government’s information that two cases of trafficking went to prosecution in 2020/2021, one internal and one transnational. One of the cases concerned the offences of kidnapping and sex trafficking of a girl from 2017 to 2019, for which the perpetrator was convicted to 55 years of imprisonment. The Committee notes, however, the Government’s indication that resource constraints, both within the Government and NGOs providing prevention and protection services, have limited the levels of implementation of trafficking laws, investigations and prosecutions. The Committee encourages the Government to strengthen its efforts to ensure the effective application of the People Trafficking and Smuggling (Prohibition) Act, and to provide information on the progress made in this regard. It requests the Government to continue to provide information on the application in practice of the Act, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for the sale and trafficking of children under 18 years of age.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes with satisfaction that the Sexual Offences and Domestic Violence Act (SODV Act) was adopted in 2018, which prohibits and penalizes sexual offences including, but not limited to: (i) commercial sexual exploitation, including of children (section 13); (ii) the procurement of or benefit from prostitution, including that of children (sections 15 and 16); (iii) the use of children for pornography (section 24); and (iv) the production of, benefit from, and distribution and possession of child pornography (sections 25 to 28). The Committee notes, however, that the United Nations Committee on the Rights of the Child, in its concluding observations of 22 October 2021, remained seriously concerned at the high prevalence of sexual exploitation and abuse of children and that few cases were reported, even though the perpetrators are often known to the victims (CRC/C/SWZ/CO/2-4, para. 40). The Committee requests the Government to provide information on the application in practice of the sections mentioned above of the SODV Act, indicating the number of prosecutions, convictions and penal sanctions applied for the offences related to prostitution and pornography involving children.

Article 4(1). Determination of hazardous types of work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Application of the Convention in practice. Following its previous comments, the Committee takes due note that the National Employment Statistics Unit has generated the 2021 Integrated Labour Survey, which covers issues of child employment. According to the Survey, the prevalence of child labour in the country is estimated to be at 8.2 per cent. Moreover, according to the document of the Action Programme on Combating Child Labour in Eswatini (APPCL), critical areas of child labour include domestic work, children engaged in subsistence and commercial agriculture, street children working as traders and hawkers, children working in the public and private transport sector, children engaged in scavenging and recycling, children working in formal and informal bars, children working in factories, children working in informal tourism industry and children working in the construction industry. Many of the children engaged in these forms of child labour carry out work that is hazardous and falls under the category of worst forms of child labour. Examples include livestock herding, street work and factory work under hazardous conditions. Noting the prevalence of child labour, including in various types of hazardous work, in Eswatini, the Committee urges the Government to strengthen its efforts to eliminate hazardous child labour. The Committee also requests the Government to continue providing information on the nature, extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by age and gender.

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

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

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

The Committee notes the Government’s information in its report that there are no available statistics on the information pertaining to the sale and trafficking of children under 18 years of age. The Committee once again requests the Government to provide information on the application in practice of this Act, particularly by providing statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed, with regard to the sale and trafficking of children under 18 years of age.

Article 5. Monitoring mechanisms. Task Force on Prevention of People Trafficking and People Smuggling. The Committee previously noted the Government’s information that a Task Force on Prevention of People Trafficking and People Smuggling (Task Force) was formed in March 2010, with a mandate to prevent trafficking in persons through public awareness and protection of victims of trafficking, as well as research on trafficking patterns in southern Africa. The Committee also noted the Government’s information that the Office of the Prime Minister established a specific department to deal with issues related to human trafficking and smuggling (secretariat).

The Committee notes the Government’s statement that there is no available information on cases of trafficking of children under the age of 18 years. The Committee once again requests the Government to provide information on the measures taken by the Task Force and its secretariat to prevent trafficking in persons, especially children under the age of 18 years. It also once again requests the Government to provide concrete information on the number of cases of trafficking of children under the age of 18 years that have been identified by the Task Force.

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

The Committee takes due note of the Government’s indication that the Free Primary Education Act of 2013 was promulgated as a measure to ensure that all children have free access to basic education at the primary level. The Government also cancelled the top-up fees which used to be demanded by schools from parents over and above the fees paid by the Government for each pupil. The Annual Education Census shows that in 2013 a total number of 239,019 children were enrolled in primary school, while only 3,705 (1.5 per cent) among them dropped out. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue taking measures to improve the functioning of the education system. It requests the Government to provide updated statistical information on the school enrolment and attendance rates as well as drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted the Government’s indication that the Children Protection and Welfare Act was adopted in 2012, which outlines the measures and steps to be taken to remove children from the worst forms of child labour and to provide for their social reintegration.

The Committee notes the Government’s information that, despite the cases of child abuse discovered under the Act, no cases of the worst forms of child labour have been reported. The Committee once again requests the Government to provide information on the measures taken pursuant to the Children Protection and Welfare Act to remove children from the worst forms of child labour and ensure their rehabilitation and social integration, and on the results obtained.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS. In its previous comments, the Committee noted with deep concern that the number of children under the age of 17 years orphaned due to HIV/AIDS increased from 69,000 in 2009 to 78,000 in 2012, according to the Joint United Nations Programme on HIV and AIDS (UNAIDS) estimates. The Committee also noted that the National Multi-sectoral Strategic Framework 2009–14 was implemented, while challenges remained over the lack of a holistic programme to address the concerns and needs of orphans and vulnerable children (OVCs). In addition, the Committee noted that children at special risk, once identified, were placed in residential childcare facilities, where they received care and assistance.

The Committee notes that the number of children under age of 17 years orphaned due to HIV/AIDS has decreased to 47,000, according to the UNAIDS estimates for 2015. The Committee notes that, according to the 2014 United Nations General Assembly Special Session (UNGASS) country report, 30 per cent of total AIDS expenditure was spent on OVCs. The Committee also notes that the development of the extended National Strategic Framework for HIV and AIDS (eNSF) was adopted on 1 April 2014 and covers the period from 2014 to 2018. The Committee further notes that, according to the National Report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21 of 8 March 2016 (A/HRC/WG.6/25/SWZ/1, paragraph 31), even though secondary school education is still not free, the Government supports vulnerable children by paying their fees through the OVC grant under the Deputy Prime Minister’s portfolio. However, the Committee notes the Government’s statement that there is no available concrete information on the results achieved regarding the prevention of children, particularly OVCs, from becoming engaged in the worst forms of child labour. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue strengthening its efforts to protect such children from the worst forms of child labour. It once again requests the Government to provide concrete information on the results achieved through these efforts, in terms of the number of OVCs who have effectively been prevented from becoming engaged in the worst forms of child labour or removed from these worst forms.

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

Article 3 of the Convention. Worst forms of child labour. The Committee previously noted that section 10(1) of the draft Employment Bill prohibits the worst forms of child labour as laid down under Article 3 of the Convention, and that section 149(1) of the draft Employment Bill provides for penalties for the contravention of the provisions under section 10(1). The Committee noted the Government’s indication that the redrafting of the proposed Employment Bill was finalized by the Labour Advisory Board (LAB) and that it would soon be submitted to the Cabinet for adoption and publication. The Government also indicated that the LAB accepted and included the draft provisions on the prohibition of the worst forms of child labour, including the penalties.

The Committee notes the Government’s information in its report that the Employment Bill has not been adopted, and that the adoption of the Bill is likely to be delayed due to the lack of legal drafters. The Committee recalls that since 2009, its comments have indicated the need to adopt the Employment Bill to address the worst forms of child labour in accordance with the Convention. The Committee notes with concern that the process of adoption is significantly delayed. The Committee therefore urges the Government to take the necessary measures to ensure that the draft Employment Bill is adopted without delay. It once again requests the Government to supply a copy thereof, once it has been adopted.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously expressed the firm hope that the Sexual Offences and Domestic Violence Bill (SODV Bill) would be adopted in the near future. The Committee also noted the Government’s indication that the SODV Bill, which sought to protect children against commercial sexual exploitation, would soon be promulgated into law.

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

Article 4(1). Determination of hazardous types of work. The Committee previously noted that according to section 10(2) of the draft Employment Bill, the Minister may, after consultation with the LAB and by notice in the Gazette, specify particular types of hazardous work prohibited to children and young persons. The Committee noted the Government’s indication that the necessary measures would be taken as envisaged by section 10(2) of the draft Employment Bill. The Committee also noted the Government’s indication, in its report submitted under the Minimum Age Convention, 1973 (No. 138), that the multi-stakeholder Child Labour Committee initiated talks to determine the list of hazardous work and that this list would be sent to the LAB for consideration before being transmitted to the Minister of Labour and Social Security.

The Committee notes the Government’s information that, the Employment Bill has not been adopted. The Committee therefore urges the Government to take the necessary measures to ensure that the types of hazardous work prohibited to children under 18 years of age are determined as a matter of urgency, and that the list is adopted without delay. It requests the Government to provide information on the progress achieved in this regard and to supply a copy of the list of types of hazardous work, once adopted.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan on the Elimination of the Worst Forms of Child Labour. The Committee previously noted the Government’s indication that the National Action Programme on the Elimination of the Worst Forms of Child Labour (NAP–WFCL) was submitted to the LAB for consideration and that the NAP–WFCL was reviewed in 2012 with technical assistance from the ILO, and that the redrafted version would soon be submitted to the Cabinet for approval and adoption.

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

Application of the Convention in practice. The Committee previously noted that children were employed to pick cotton and harvest sugar cane, and were also engaged in herding in remote locations, and in domestic service. Children working in agriculture performed physically arduous tasks and risk occupational injury and disease from exposure to dangerous tools, insecticides and herbicides. Children also worked as porters, transporting heavy loads in self-made carts, collecting fees and calling out routes while climbing in and out of moving vehicles. The Committee also noted that, according to the International Trade Union Confederation (ITUC) Report for the World Trade Organization General Council Review of Trade Policies, in 2009, two brothels in central Swaziland were discovered where underage girls worked just to obtain food. The Committee noted the Government’s statement that it would provide statistics and data on the prevalence of the worst forms of child labour in Swaziland once these are available.

The Committee notes the Government’s indication that there is no information available in this regard and that the Labour Force Survey of 2014 did not capture such information. The Committee once again urges the Government to take the necessary measures to collect and compile data on children involved in the worst forms of child labour. Accordingly, it once again requests the Government to provide statistical information on the nature, extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 3 of the Convention. Worst forms of child labour. The Committee previously noted that section 10(1) of the draft Employment Bill prohibits the worst forms of child labour as laid down under Article 3 of the Convention. The Committee notes that section 149(1) of the draft Employment Bill provides for penalties for the contravention of the provisions under section 10(1). The Committee notes the Government’s indication in its report under the Minimum Age Convention, 1973 (No. 138), that the draft Employment Bill which was tabled in the Parliament was withdrawn as the social partners felt it necessary to incorporate further issues that were 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. It requests the Government to supply a copy thereof along with its next report, once it has been adopted.

Clause (a). Sale and trafficking of children. The Committee previously noted with interest the Government’s statement that a draft bill entitled “People Trafficking and Smuggling (Prohibition) Bill No. 11 of 2009” which sought to provide for the offences of human trafficking, including the prohibition on trafficking of children under 18 years for sexual and labour exploitation had been prepared. The Committee notes the Government’s indication that the People Trafficking and Smuggling (Prohibition) Act No. 11 of 2010 which was adopted and came into force on 1 March 2010, is attached to the Government’s report. Noting that this Act is not attached to the Government’s report, the Committee requests the Government to supply a copy of the People Trafficking and Smuggling (Prohibition) Act No. 11 of 2010 along with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted the Government’s indication that a new Sexual Offences and Domestic Violence Bill which deals with the issues related to child prostitution and child pornography was under preparation. The Committee notes the Government’s information that the Sexual Offences and Domestic Violence Bill has been tabled in Parliament. The Committee expresses the firm hope that the Sexual Offences and Domestic Violence Bill will be adopted in the near future. It requests the Government to supply a copy thereof once it has been adopted.

Article 4(1). Determination of hazardous types of work. The Committee previously noted that according to section 10(2) of the draft Employment Bill, the Minister may, after consultation with the Labour Advisory Board and by notice in the Gazette, specify particular types of hazardous work prohibited to children and young persons. The Committee notes the Government’s indication that the necessary measures will be taken as envisaged by section 10(2) of the draft Employment Bill. 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 5. Monitoring mechanisms. Task force on Prevention of People Trafficking and People Smuggling. The Committee notes the Government’s information that a Task Force on Prevention of People Trafficking and People Smuggling (Task Force) was formed in March 2010. The mandate of this Task Force is to prevent trafficking in persons through public awareness, protection of victims of trafficking as well as research on trafficking patterns in Southern Africa. The Committee notes the Government’s indication that 25 cases of human trafficking have been identified by the Task Force and subsequently reported to the police. These cases are currently being investigated. The Committee requests the Government to continue providing information on the measures taken by the Task Force to prevent trafficking in persons, especially children under the age of 18 years, as well as the number of cases of trafficking of children under the age of 18 years that have been identified by the Task Force.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan on the Elimination of the Worst Forms of Child Labour. The Committee previously noted the Government’s indication that a National Action Plan on the Elimination of the Worst Forms of Child Labour has been finalised. The Committee notes the Government’s information that this National Action Plan has been submitted to the Labour Advisory Board for consideration and thereafter will be submitted to the Cabinet for adoption. The Committee expresses the firm hope that the National Action Plan on the Elimination of the Worst Forms of Child Labour will be adopted soon and requests the Government to provide information on progress made in this regard in its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that since 2009, the Government has been able to provide the Free Education Programme (FEP) from grades 1 to 4 and that it is expected to extend the FEP to an additional grade every year so that by 2015 all grades are covered and thereby would be able to realize universal access. It notes the Government’s statement that the FEP has increased the net enrolment rates at the primary level to 91 per cent in 2010. It also notes the Government’s indication that the Free Primary Education Act was enacted in 2010 which compel parents to send their children to school or face prosecution. The Committee further notes the Government’s information that it has adopted programmes aimed at improving access to secondary education such as the introduction of a book rental scheme, the building of new schools and classrooms as well as the implementation of a feeding scheme. The Committee notes that according to the National Report of Swaziland to the United Nations Human Rights Council of 19 July 2011, (A/HRC/WG.6/12/SWZ/1, paragraph 38), (Report to the United Nations Human Rights Council), the gross enrolment rate at the lower secondary level has increased from 75 per cent (78 per cent male and 72 per cent female) in 2009 to 78 per cent (81 per cent male and 75.5 per cent female) in 2010. At the senior secondary level, the gross enrolment rate has increased from 34 per cent in 2009 to 57 per cent in 2010. The Committee notes, however, that according to the World Data on Education-Swaziland, 7th edition, 2010–11 compiled and published by UNESCO, of those who enter the education system, only about half of them complete the 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 grade 1 pupils have dropped out. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the education system. In this regard, the Committee requests the Government to take the necessary measures to improve access to free basic education to children at the primary level, and decrease the drop-out rates. It requests the Government to continue providing information on the measures taken in this regard and to provide updated statistical information on the school enrolment and attendance rates as well as drop-out rates in its next report.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that according to a report entitled “2011 Trafficking in Persons Report-Swaziland” (Trafficking report) available on the website of the United Nations High Commissioner for Refugees, the Government assisted multi-purpose shelters run by NGOs by providing professional services, including health care and counselling services to victims of trafficking. It also notes from the Trafficking report that the Task Force established and trained emergency response teams in Swaziland’s four regions, and organized three workshops for the emergency response teams focussing on identifying and working with victims of trafficking, investigating and prosecuting trafficking cases and trial preparation. The Committee requests the Government to provide information on the number of cases of trafficking of children that have been dealt with by the emergency response teams. It also requests the Government to provide information on the number of child victims of trafficking who have been provided with assistance in the shelters run by the NGOs.

Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s information that a number of measures for the protection of the most vulnerable children have been established, such as the Orphaned and Vulnerable Children’s (OVC) Educational Fund which provides for school fees for orphaned and vulnerable children up to secondary level and the Child Support Grants that are allocated to orphans in the country. The Committee notes that according to the Report to the United Nations Human Rights Council, funding for OVCs has increased from 16 million Emalangeni (E) in 2002 to E123 million in 2010. The Report to the United Nations Human Rights Council further indicates that as per the Education Management Information System survey report, in 2009 a total of 85,530 OVCs benefited from the schemes in primary school. The Committee also notes that according to the Swaziland Country Report of March 2010 to the United Nations General Assembly Special Session on AIDS, (UNGASS report), the country has developed a National Plan of Action for OVCs which includes programmes such as establishment of the Neighbourhood Care Points and KaGogo centres which provide basic services such as food, care and health services, educational support, psychosocial support and shelter for OVCs. It further notes that according to the UNGASS report, 90 per cent of orphans were in school. However, the Committee notes that according to the Epidemiological Fact Sheet on HIV and AIDS of 2009-Swaziland (UNAIDS), over 69,000 children under the age of 17 years are orphans due to AIDS. Moreover, as per the UNGASS report, the 2009 HIV Estimates and Projections indicate that the number of orphans and vulnerable children will reach over 102,300 by 2015. While appreciating the measures taken by the Government to protect orphans and other vulnerable children, the Committee express its deep concern at the increasing number of children orphaned in Swaziland as a result of HIV/AIDS. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect such children from the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that there is no information in the Government’s report on the prevalence of the worst forms of child labour in the country. However, the Committee notes from a report of the United Nations Development Programme (UNDP) that Swaziland has adopted a Poverty Reduction Strategy and Action Programme (PRSAP) as a mechanism for attaining the Millennium Development Goals which include among others, eradication of extreme poverty and hunger and achieving universal primary education. The Committee notes, however, 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. Children working in agriculture perform physically arduous tasks and risk occupational injury and disease from exposure to dangerous tools, insecticides and herbicides. 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. It also notes that according to the International Trade Union Confederation (ITUC) Report for the World Trade Organization General Council Review of Trade Policies, in 2009 two brothels in central Swaziland were discovered where underage girls worked just to obtain food. The Committee expresses its deep concern at the situation of children involved in hazardous work in Swaziland and requests the Government to strengthen its efforts to remove and rehabilitate children from the worst forms of child labour. The Committee further requests the Government to take the necessary measures to collect and compile data on children involved in the worst forms of child labour. Accordingly, it requests the Government to provide, in its next report, statistical information on the nature, extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). 
1. Sale and trafficking of children. The Committee had previously requested the Government to provide information on the measures taken or envisaged to prohibit the sale and trafficking of children below the age of 18 years for the purpose of sexual or labour exploitation. The Committee notes with interest the Government’s statement that a draft bill entitled “People Trafficking and Smuggling (Prohibition) Bill No. 11 of 2009” which seeks to provide for the offences of human trafficking, including the prohibition on trafficking of children under 18 years for sexual and labour exploitation has been prepared. The Committee also notes that the draft Employment Bill under section 10(1) prohibits the worst forms of child labour as laid down under Article 3 of the Convention. The Committee expresses the firm hope that the People Trafficking and Smuggling (Prohibition) Bill will be adopted in the very near future. It requests the Government to provide information on any progress made in this regard.

2. Forced or compulsory labour. The Committee had previously noted that section 145 of the Employment Act, 1980 prohibits forced labour. It had also noted, however, that sections 28(1)(p), (q) and (u) of Swazi Administration Order No. 6, 1998, provide for orders requiring compulsory cultivation, anti-soil erosion works and the making, maintenance and protection of roads, enforceable with penalties for non-compliance. The Committee notes the Government’s indication that section 28 of the Swazi Administration Order has not yet been reviewed; however, measures will be taken to harmonize it with the provisions of the Convention. The Committee hopes that measures to harmonize the provisions of Swazi Administration Order will be taken without delay. It requests the Government to provide information on any progress made in this regard.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s information that in Swaziland there is no law regulating enlistment in military services and recruitment in armed forces. The Government further states that though such practices do not exist in Swaziland, the Government will take measures in the near future to consider a law regulating enlistment and recruitment in armed forces. The Committee notes, however, that according to a report entitled “Child Soldiers Global Report
2008 – Swaziland”, available at the web site of the United Nations High Commissioner for Refugees (UNHCR) (www.unhcr.org), national recruitment in Swaziland is regulated by the 1977 Umbutfo Swaziland Defence Force Act, which sets the minimum age for conscription and voluntary recruitment into the armed forces at 18 years. The Committee also notes that section 10(1) of the draft Employment Bill which provides for the prohibition of the worst forms of child labour includes a prohibition on the forced or compulsory recruitment of children and young persons for use in armed conflict. The Committee requests the Government to indicate whether the Umbutfo Swaziland Defence Force Act is still in force and if so, to provide a copy along with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee had requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for prostitution, for the production of pornography or for pornographic performances, as well as the sanctions envisaged. The Committee notes the Government’s indication that a new Sexual Offences and Domestic Violence Bill which deals with the issues related to child prostitution and child pornography is currently under preparation. The Committee expresses the firm hope that the Sexual Offences and Domestic Violence Bill will be adopted in the near future. It requests the Government to provide a copy once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the Government’s statement that the rapid assessment study conducted by the ILO–IPEC during the project on the elimination of the worst forms of child labour indicated that some children are being used by adults to commit crimes. It also notes that according to the draft report on the National Strategy and Action Programme Towards the Elimination of Child Labour in Swaziland (APEC, April 2008), children are being engaged by adults in car‑breaking, house-breaking, selling drugs and selling stolen goods. The Committee observes that section 10(1) of the draft Employment Bill which provides for the prohibition of the worst forms of child labour includes a prohibition on the use, procuring or offering of a child or young person for illicit activities, in particular for the production and trafficking of drugs. The Committee expresses the firm hope that the draft Employment Bill will be adopted in the near future and requests it to supply a copy once it has been adopted.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work and determination of hazardous work. 1. General prohibition. The Committee had previously 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 has 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. Recalling the provisions of Article 3(d) of the Convention, it had requested the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consideration with the types of work enumerated in Paragraph 3 of Recommendation No. 190.

The Committee notes that according to the provisions of section 10 of the draft Employment Bill, in addition to the prohibition on the worst forms of child labour as laid down under Article 3(a)–(c) of the Convention, clauses (d)–(g) of subsection (1) of section 10 prohibit the employment of a child or a young person in the following activities: work in any premises or part of any premises used for the sale or consumption of liquor; in any underground work; in any dangerous or unhealthy work; or in 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 includes those works enumerated in Paragraph 3 of Recommendation 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.

2. Self-employed workers. 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 requested the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. The Committee notes that under Part III of the draft Employment Bill which deals with the prohibition of child labour and the employment of young persons, the meaning of “employment” includes engaging or permitting a child (under the age of 15 years) to take part or assist in any business carried out for profit whether or not the child is paid or not, or is engaged under a contract of service, a contract for services or any other arrangements. The Committee requests the Government to indicate whether the above provisions cover young persons under the age of 18 years.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously noted that, according to the ILO–IPEC document entitled “Supporting the Time-bound Programme to eliminate the worst forms of child labour in South Africa’s Child Labour Action Programme and laying the basis for concerted action against worst forms of child labour in Botswana, Lesotho, Namibia and Swaziland” (18 September 2003, page 11), a rapid assessment conducted by UNICEF on child labour in Swaziland concluded that children who work in commercial agriculture were exposed to health hazards and tended to work long hours. Working conditions for child domestic workers were also found to be generally poor in terms of workload and hours of work. Drawing the Government’s attention to Article 4(2) of the Convention, the Committee had requested the Government to provide information on the measures taken to identify where the types of hazardous work exist, taking into consideration the conclusions of the rapid assessment study by UNICEF on hazardous work in commercial agriculture and the domestic sector. The Committee notes the absence of information in the Government’s report. It therefore once again requests the Government to take the necessary measures to identify where the types of hazardous work exist.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the Government’s statement that inspections were conducted and that there has never been any violation detected concerning children and young persons. The Committee also notes the Government’s indication that a Sexual Offence Unit to deal with offences related to children has been established under the Royal Swaziland Police. It further notes that the People Trafficking and Smuggling (Prohibition) Bill provides for the establishment of a task force for combating human trafficking. The Committee requests the Government to provide further information with regard to the functioning of the Sexual Offence Unit and the task force in combating sexual offences against children and trafficking in children. It also requests the Government to provide information on the extent and nature of violations detected by the labour inspectorate, sexual offence unit and the task force concerning children and young persons involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted the several programmes and initiatives undertaken by the Government to eradicate poverty and combat HIV/AIDS. The Committee notes the Government’s statement that the Poverty Reduction Strategy Paper (PRSP) endeavours to reduce inequalities and disparities among citizens and improve the lives of the poor, and further helps in operationalizing the National Development Strategy and attaining the Millennium Development Goals and the Vision 2022, which was launched in 2006. The Committee further notes the Government’s information that under the Protracted Relief and Recovery Operation (PRRO) which targets vulnerable children, school feeding schemes have been implemented in almost all primary schools in the rural areas, which would gradually spread to the cities. Moreover, the neighbourhood care points targeting children under the age of 10 who are extremely vulnerable have been established all over the country and is closely monitored by the NGO Save the Children Swaziland.

The Committee also notes the Government’s indication that it has finalized, though not yet adopted, a National Action Programme on the Elimination of Child Labour (APEC) through the ILO–IPEC Time-bound Programme entitled “Towards the Elimination of the Worst Forms of Child Labour” (TECL project), which recommends specific action steps for the elimination of child labour and its worst forms. According to the Government report, the preparation of this draft action programme underwent a three-stream process such as: building the knowledge on worst forms of child labour, through research on commercial sexual exploitation, children used by adults to commit crimes and child trafficking; the publication of a discussion document on child labour; and the formulation of an action programme after consultation with stakeholders and government ministries. The Committee notes, that according to the draft APEC, 13 priority types of work were identified to be addressed under this action programme, which include: commercial sexual exploitation of children; child trafficking; children used by adults to commit crime; children working in commercial and subsistence agriculture; child domestic workers; children involved in household chores; children working in illegal bars; tourism industry; transport industry; streets; textile factories; and scavenging. The Committee requests the Government to provide information on the progress made in the adoption of the APEC. It also requests the Government to provide information on the implementation of the APEC and its impact on the elimination of the worst forms of child labour, in particular in the sectors addressed by it. The Committee further requests the Government to provide information on the implementation of the strategies developed under the PRSP and the PRRO and their impact on eliminating the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted that education is neither free nor compulsory in Swaziland and that primary education starts at the age of 6 and lasts seven years while secondary education lasts for five years. It had also noted that according to article 29(6) of the Constitution, 2005, every Swazi child has the right to free education in public schools at least up to the end of primary school. The Committee had further noted that the school enrolment rate, which was 85 per cent in the early 1990s, went down to 67 per cent in 2000 because of HIV/AIDS and poverty (National Report of the Kingdom of Swaziland presented at the 47th Session of the International Conference on Education in 2004 (page 8)). The Committee notes the Government’s indication in its report under Convention No. 138 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 it has started offering free textbooks to primary school children. The Committee further notes that according to a report entitled “2008 Findings on the Worst Forms of Child Labour-Swaziland”, available at the web site of the UNHCR (www.unhcr.org), the net primary enrolment rate was 78 per cent in 2005. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to increase its efforts to provide free and compulsory education, ensure that children attend school regularly and reduce school drop-out rates. The Committee requests the Government to provide statistical information on the school enrolment rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Following its previous comments, the Committee notes the Government’s indication that the proposed action under the draft APEC, include the enactment of laws (People Trafficking and Smuggling (Prohibition) Act, and Sexual Offences and Domestic Violence Bill) prohibiting trafficking in children and the commercial sexual exploitation of children. The Committee also notes the Government’s statement that measures will be taken to ensure the rehabilitation and social integration of victims of trafficking. The Committee requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of child victims of trafficking and commercial sexual exploitation.

Clause (c). Ensure access to free basic education and vocational training of all children removed from the worst forms of child labour. The Committee notes the Government’s statement that it is envisaged that measures will be taken to ensure access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes that the draft APEC has envisaged the following interventions in the education sector: enhancing education opportunities including access, retention and equity in formal, non-formal and vocational education; better management of the OVC educational programme; accelerating the enactment of a revised Education Act to ensure an early introduction of free compulsory primary education; strengthening and developing new education programmes targeting out-of-school children; creating a safe, healthy and child friendly environment in schools; and popularizing vocational education. The Committee requests the Government to provide information on the implementation of the proposed interventions in the educational sector within the APEC.

Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS. The Committee had previously noted that, according to the Swaziland Humanitarian Situation Report, issued in 2004 by the Emergency Response Unit, United Nations Resident Coordinator’s Office, one of the most complex problems the country is currently facing is the HIV/AIDS epidemic which is exacerbating poverty and creating pockets of extreme vulnerability in rural and urban areas across the country. The report estimated that the HIV prevalence in the country had increased to 34.7 per cent in a ten-year time period and an estimated 50 Swazis were dying every day from AIDS and 55 new infections were occurring daily, mostly among young people. The Committee notes that the proposed action programmes within the draft APEC include the following strategies for child victims of HIV/AIDS: to conduct research to determine the impact of HIV/AIDS on child labour; to open community registers of child-headed households; and to ensure better management of the education of orphans and vulnerable children (OVC). However, the Committee notes with concern the estimate given by the Epidemiological Factsheet on HIV/AIDS, 2008, that more than 56,000 children aged below 17 years are HIV/AIDS orphans in Swaziland. The Committee recalls that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore encourages the Government to pursue its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour. The Committee requests the Government to provide information on the concrete measures taken within the APEC to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, and the results achieved.

Clause (e). Take account of the special situation of girls. The Committee notes the Government’s statement that specific measures for the girl child have been proposed under the APEC. The Committee requests the Government to provide information on the specific measures taken within the framework of the APEC to protect the girl child from the worst forms of child labour, and the results achieved.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that the existence of the worst forms of child labour in Swaziland was unknown until the studies conducted during the ILO–IPEC TECL project. It notes the Government’s indication that children involved in child labour are relatively low in Swaziland while compared to other developing countries. The Committee also notes the Government’s statement that laws and policies to guide law enforcement are not strong and therefore need to be reviewed. More awareness-raising programmes and campaigns should be carried out to make the public aware of the negative consequences of child labour. The Government further states that it has developed several plans and implemented various programmes and initiatives such as the Millennium Development Goal compliance with the 25 years National Development Strategy; draft PRSP; draft Universal Primary Education Plan of Action, 2005, with a focus on getting children back to school; the National Multi‑Sectoral HIV/AIDS policy and the National Strategic Plan on HIV/AIDS; the draft National Policy on Children including Orphans and Vulnerable Groups; and the draft National Action Programme for the Elimination of Child Labour. While noting the above initiatives, the Committee strongly encourages the Government to adopt and effectively implement the draft PRSP, draft Universal Education Plan, draft National Policy on Children and the draft National Action Programme for the Elimination of Child Labour, as a matter of urgency. It also requests the Government to provide information on the application of the Convention in practice, including for example, statistics on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of infringements reported and penalties applied.

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

The Committee notes that the Government’s report contains no reply to its 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 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes the absence of information in the Government’s report on the existence of legislation prohibiting the sale and trafficking of children. The Committee recalls that, by virtue of Article 3(a) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the sale and trafficking of children below the age of 18 years for the purpose of sexual or labour exploitation. It also requests the Government to supply a copy of relevant legislation.

2. Forced or compulsory labour. The Committee notes that section 145 of the Employment Act, 1980, prohibits forced labour. According to section 146 of the Employment Act, no concession granted to any person shall involve any form of forced labour. It notes however that section 28(1)(p), (q) and (u) of Swazi Administration Order No. 6, 1998, provides for orders requiring compulsory cultivation, anti-soil erosion works and making, maintenance and protection of roads, enforceable with penalties for non-compliance. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the involvement of children under the age of 18 in forced or compulsory labour, in particular in the types of compulsory labour indicated in the Swazi Administration Order.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the absence of information in the Government’s report on the forced recruitment of children for armed conflict. The Committee asks the Government to provide information on legislation regulating the enlisting in military service and recruitment in armed conflict. It also requests the Government to supply a copy of relevant legislation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this point. It reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for prostitution, for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for prostitution, for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on legislation prohibiting the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee requests the Government to identify and provide the text of any legislation, existing or envisaged, to prohibit the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.

Article 3, clause (d), and Article 4, paragraph 1. 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 has 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 harm the health, safety or morals of young persons under the age of 18. The Committee also notes that, according to section 98(1) of the Employment Act, no person shall employ a young person in any undertaking other than an agricultural undertaking between 6 p.m. and 7 a.m. It further notes that, pursuant to section 2 of the Employment Act, family undertakings and domestic employment are not included in the definition “undertaking” and therefore are not covered either by section 98(1) prohibiting night work of young persons.

In this respect, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the employer’s premises. Consequently, the Committee asks the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4(1) of the Convention. In determining the types of hazardous work the Committee encourages the Government to take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Self-employed workers. 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 requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information in this regard. The Committee nevertheless notes that, according to the ILO/IPEC document entitled “Supporting the Time-Bound Programme to eliminate the worst forms of child labour in South Africa’s Child Labour Action Programme and laying the basis for concerted action against worst forms of child labour in Botswana, Lesotho, Namibia and Swaziland” (18 September 2003, page 11), a rapid assessment conducted by UNICEF on child labour in Swaziland concluded that children who work in commercial agriculture are exposed to health hazards and tend to work long hours. Working conditions for child domestic workers were also found to be generally poor in terms of workload and hours of work. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist. In this regard, the Committee trusts that the Government will take into consideration the conclusions of the rapid assessment study by UNICEF on hazardous work in commercial agriculture and the domestic sector.

Article 5. Monitoring mechanisms. The Committee notes that, the Labour Commissioner is responsible for the application, enforcement and administration of the Employment Act, 1980, and has all the powers of an inspector under the Act. According to section 9 of the Employment Act, inspectors shall: make periodic inspections of places of employment; ensure that all laws relating to conditions of employment and the protection of employees in their occupations are being fully applied; where necessary providing information and advice as to the means of complying with such laws, including a time limit by which such compliance shall be effective; bring to the notice of the Labour Commissioner any difficulty or abuse relating to employment which is not covered by existing laws; make studies and collect data relating to employment. The Committee 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, to be inspectors of training who exercise similar powers as the inspectors under the Employment Act. It further notes that, according to the 2003 Annual Report of the Labour Department, a total of 4,396 establishments were liable to inspection for the year. The Committee requests the Government to provide further information on the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour. It also asks the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information on this point. It notes however that, according to the Swaziland Humanitarian Situation Report, issued in 2004 by the Emergency Response Unit, United Nations Resident Coordinator’s Office, the following programmes and initiatives to eradicate poverty and combat HIV/AIDS are being undertaken by the Government of Swaziland:

–      Poverty Reduction Strategy Paper developed by the Ministry of Economic Planning and Development with the assistance of other development partners, which adopts a three-pronged approach to poverty reduction;

–      Millennium Development Goal Report launched in 2004 by the UN Country Team and the Ministry of Economic Planning and Development, which sets eight goals to be achieved by 2015 and aims to eradicate extreme poverty and hunger, achieve universal primary education, and to combat HIV/AIDS, malaria and other diseases;

–      Joint UN Support Project to Develop Regional Capacity to Combat HIV/AIDS Among Adolescents carried out by the UN Country Team, which includes issues of peer education, orphans and vulnerable children, sexual and reproductive health, support to people living with HIV/AIDS;

–      Protracted Relief and Recovery Operation (PRRO), which aims to help vulnerable people especially those affected by HIV/AIDS and includes such issues as school feeding and neighbourhood care points targeting children under the age of 10 who are extremely vulnerable.

The Committee requests the Government to provide more detailed information on the achievements of these programmes and their impact on eliminating the worst forms of child labour. It also asks the Government to provide further information on steps taken or envisaged to develop programmes of action to eliminate specifically the worst forms of child labour, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that sections 109 and 145 of the Employment Act provide for penalties of fine or imprisonment for employment of children and young persons in contravention of this Act and for breach of the provisions prohibiting forced labour. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that ILO/IPEC has initiated a child labour project on the elimination of the worst forms of child labour under its Time-bound Programme (TBP) entitled “Supporting the Time-bound Programme to eliminate the worst forms of child labour in South Africa’s Child Labour Action Programme and laying the basis for concerted action against worst forms of child labour in Botswana, Lesotho, Namibia and Swaziland (BLNS)”. This project will contribute to the elimination of the worst forms of child labour in the South African Customs Union (SACU) region by supporting the National Plan of Action in South Africa (CLAP) and enhancing the capacity to address this issue in BLNS. The project is currently in its initial stages. It is expected that data collection and rapid assessments of different sectors of child labour will commence by mid-2005.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes 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, according to the National Report of the Kingdom of Swaziland presented at the 47th Session of the International Conference on Education in 2004 (page 8), in the early 1990s the school enrolment rate in Swaziland was about 85 per cent. In the 2000s the rate went down to 67 per cent because of HIV/AIDS and poverty. There are a lot of drop‑outs and only a fraction reaches a higher level of education. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will increase its efforts to provide free and compulsory education and ensure that children attend school regularly and reduce school dropout rates. It requests the Government to provide information on the impact of the TBP in this regard on preventing the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that, according to the research study on trafficking in women and children in the southern Africa region carried out by the International Organization for Migration (IOM), southern Africa hosts a diverse range of human trafficking activities. The region’s young women and children are especially vulnerable to the recruitment tactics of traffickers because civil unrest and economic deprivation leave them with few opportunities at home, and makes migration to South Africa or Europe a natural and common solution. The absence of domestic anti-trafficking legislation offers law enforcement little incentive to pursue the criminal syndicates responsible for this activity. Southern Africa also offers little in the way of rehabilitation support for trafficking victims and the illegal status of most victims gives them little motivation to seek it. The Committee requests the Government to provide information on the impact of the TBP with regard to removing children from trafficking and providing for their rehabilitation and social integration.

Clause (c). Ensure access to free basic education and vocational training of all children removed from the worst forms of child labour. The Committee requests the Government to indicate the effective and time-bound measures taken to ensure access to free basic education or vocational training of the girls and boys targeted by the TBP.

Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS. The Committee notes that, according to the Swaziland Humanitarian Situation Report, issued in 2004 by the Emergency Response Unit, United Nations Resident Coordinator’s Office, one of the most complex problems the country is currently facing is the HIV/AIDS epidemic which is exacerbating poverty and creating pockets of extreme vulnerability in rural and urban areas across the country. The report estimates that the HIV prevalence in the country has increased to 34.7 per cent in a ten-year time period and an estimated 50 Swazis are dying every day from AIDS and 55 new infections are occurring daily, mostly among young people. Swaziland’s orphan population is estimated to have reached 60,000 in 2004 and will double by the year 2010. According to information from UNICEF, conditions in southern Africa such as, inter alia, the HIV/AIDS epidemic, have resulted in the deterioration of conditions for all families. Many children are dropping out of school and engaging in hazardous work to support their families. The crisis has left children and women vulnerable to sexual exploitation to meet their basic needs. The Committee also notes that UNFPA in collaboration with the World Food Programme (WFP) have embarked on a project to address the gender dimensions of HIV/AIDS. The project aims to train 358 women in the Lowveld and Middleveld as community counsellors for a range of health and safety issues, specifically HIV/AIDS, sexual abuse and exploitation. It further notes that the aims of the agreement of 2001-05 between the Government of Swaziland and UNICEF on HIV/AIDS include the mitigation of adverse impacts on orphans and vulnerable children, infection prevention among young people, prevention of parent to child transmission, care and support of affected children and their families and “breaking the silence” (advocacy and communication). Considering that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour, the Committee asks the Government to provide further information on effective and time-bound measures taken to address the situation of these children.

Clause (e). Take account of the special situation of girls. The Committee asks the Government to provide information on the manner in which the TBP will take account of the special situation of girls.

Article 8. International cooperation and assistance. The Committee notes that Swaziland is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that Swaziland ratified the Convention on the Rights of the Child in 1995. It further notes that Swaziland signed in 2001 but has not yet ratified the Supplementary Protocols to the UN Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons and on Smuggling of Migrants. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reports, investigations, prosecutions, convictions and penalties applied.

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

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes the absence of information in the Government’s report on the existence of legislation prohibiting the sale and trafficking of children. The Committee recalls that, by virtue of Article 3(a) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the sale and trafficking of children below the age of 18 years for the purpose of sexual or labour exploitation. It also requests the Government to supply a copy of relevant legislation.

2. Forced or compulsory labour. The Committee notes that section 145 of the Employment Act, 1980, prohibits forced labour. According to section 146 of the Employment Act, no concession granted to any person shall involve any form of forced labour. It notes however that section 28(1)(p), (q) and (u) of the Swazi Administration Order No. 6, 1998, provides for orders requiring compulsory cultivation, anti-soil erosion works and making, maintenance and protection of roads, enforceable with penalties for non-compliance. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the involvement of children under the age of 18 in forced or compulsory labour, in particular in the types of compulsory labour indicated in the Swazi Administration Order.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes the absence of information in the Government’s report on the forced recruitment of children for armed conflict. The Committee asks the Government to provide information on legislation regulating the enlisting in military service and recruitment in armed conflict. It also requests the Government to supply a copy of relevant legislation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this point. It reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for prostitution, for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for prostitution, for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on legislation prohibiting the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee requests the Government to identify and provide the text of any legislation, existing or envisaged, to prohibit the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.

Article 3, clause (d), and Article 4, paragraph 1. 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 has 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 harm the health, safety or morals of young persons under the age of 18. The Committee also notes that, according to section 98(1) of the Employment Act, no person shall employ a young person in any undertaking other than an agricultural undertaking between 6 p.m. and 7 a.m. It further notes that, pursuant to section 2 of the Employment Act, family undertakings and domestic employment are not included in the definition "undertaking" and therefore are not covered either by section 98(1) prohibiting night work of young persons.

In this respect, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Consequently, the Committee asks the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4(1) of the Convention. In determining the types of hazardous work the Committee encourages the Government to take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Self-employed workers. 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 requests the Government to provide information on the measures taken or envisaged to ensure that self-employed workers under 18 years of age are protected against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information in this regard. The Committee nevertheless notes that, according to the ILO/IPEC document entitled "Supporting the Time-Bound Programme to eliminate the worst forms of child labour in South Africa’s Child Labour Action Programme and laying the basis for concerted action against worst forms of child labour in Botswana, Lesotho, Namibia and Swaziland" (18 September 2003, page 11), a rapid assessment conducted by UNICEF on child labour in Swaziland concluded that children who work in commercial agriculture are exposed to health hazards and tend to work long hours. Working conditions for child domestic workers were also found to be generally poor in terms of workload and hours of work. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist. In this regard, the Committee trusts that the Government will take into consideration the conclusions of the rapid assessment study by UNICEF on hazardous work in commercial agriculture and the domestic sector.

Article 5. Monitoring mechanisms. The Committee notes that, the Labour Commissioner is responsible for the application, enforcement and administration of the Employment Act, 1980, and has all the powers of an inspector under the Act. According to section 9 of the Employment Act, inspectors shall: make periodic inspections of places of employment; ensure that all laws relating to conditions of employment and the protection of employees in their occupations are being fully applied; where necessary providing information and advice as to the means of complying with such laws, including a time limit by which such compliance shall be effective; bring to the notice of the Labour Commissioner any difficulty or abuse relating to employment which is not covered by existing laws; make studies and collect data relating to employment. The Committee 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, to be inspectors of training who exercise similar powers as the inspectors under the Employment Act. It further notes that, according to the 2003 Annual Report of the Labour Department, a total of 4,396 establishments were liable to inspection for the year. The Committee requests the Government to provide further information on the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour. It also asks the Government to provide information on the other mechanisms established to monitor the implementation of the penal provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the absence of information on this point. It notes however that, according to the Swaziland Humanitarian Situation Report, issued in 2004 by the Emergency Response Unit, United Nations Resident Coordinator’s Office, the following programmes and initiatives to eradicate poverty and combat HIV/AIDS are being undertaken by the Government of Swaziland:

-  Poverty Reduction Strategy Paper developed by the Ministry of Economic Planning and Development with the assistance of other development partners, which adopts a three-pronged approach to poverty reduction;

-  Millennium Development Goal Report launched in 2004 by the UN Country Team and the Ministry of Economic Planning and Development, which sets eight goals to be achieved by 2015 and aims to eradicate extreme poverty and hunger, achieve universal primary education, and to combat HIV/AIDS, malaria and other diseases;

-  Joint UN Support Project to Develop Regional Capacity to Combat HIV/AIDS Among Adolescents carried out by the UN Country Team, which includes issues of peer education, orphans and vulnerable children, sexual and reproductive health, support to people living with HIV/AIDS;

-  Protracted Relief and Recovery Operation (PRRO), which aims to help vulnerable people especially those affected by HIV/AIDS and includes such issues as school feeding and neighbourhood care points targeting children under the age of 10 who are extremely vulnerable.

The Committee requests the Government to provide more detailed information on the achievements of these programmes and their impact on eliminating the worst forms of child labour. It also asks the Government to provide further information on steps taken or envisaged to develop programmes of action to eliminate specifically the worst forms of child labour, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that sections 109 and 145 of the Employment Act provide for penalties of fine or imprisonment for employment of children and young persons in contravention of this Act and for breach of the provisions prohibiting forced labour. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that ILO/IPEC has initiated a child labour project on the elimination of the worst forms of child labour under its Time-Bound Programme (TBP) entitled "Supporting the Time-Bound Programme to eliminate the worst forms of child labour in South Africa’s Child Labour Action Programme and laying the basis for concerted action against worst forms of child labour in Botswana, Lesotho, Namibia and Swaziland (BLNS)". This project will contribute to the elimination of the worst forms of child labour in the South African Customs Union (SACU) region by supporting the National Plan of Action in South Africa (CLAP) and enhancing the capacity to address this issue in BLNS. The project is currently in its initial stages. It is expected that data collection and rapid assessments of different sectors of child labour will commence by mid-2005.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes 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, according to the National Report of the Kingdom of Swaziland presented at the 47th Session of the International Conference on Education in 2004 (page 8), in the early 1990s the school enrolment rate in Swaziland was about 85 per cent. In the 2000s the rate went down to 67 per cent because of HIV/AIDS and poverty. There are a lot of dropouts and only a fraction reaches a higher level of education. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will increase its efforts to provide free and compulsory education and ensure that children attend school regularly and reduce school dropout rates. It requests the Government to provide information on the impact of the TBP in this regard on preventing the engagement of children in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that, according to the research study on trafficking in women and children in the southern Africa region carried out by the International Organization for Migration (IOM), southern Africa hosts a diverse range of human trafficking activities. The region’s young women and children are especially vulnerable to the recruitment tactics of traffickers because civil unrest and economic deprivation leave them with few opportunities at home, and makes migration to South Africa or Europe a natural and common solution. The absence of domestic anti-trafficking legislation offers law enforcement little incentive to pursue the criminal syndicates responsible for this activity. Southern Africa also offers little in the way of rehabilitation support for trafficking victims and the illegal status of most victims gives them little motivation to seek it. The Committee requests the Government to provide information on the impact of the TBP with regard to removing children from trafficking and providing for their rehabilitation and social integration.

Clause (c). Ensure access to free basic education and vocational training of all children removed from the worst forms of child labour. The Committee requests the Government to indicate the effective and time-bound measures taken to ensure access to free basic education or vocational training of the girls and boys targeted by the TBP.

Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS. The Committee notes that, according to the Swaziland Humanitarian Situation Report, issued in 2004 by the Emergency Response Unit, United Nations Resident Coordinator’s Office, one of the most complex problems the country is currently facing is the HIV/AIDS epidemic which is exacerbating poverty and creating pockets of extreme vulnerability in rural and urban areas across the country. The report estimates that the HIV prevalence in the country has increased to 34.7 per cent in a ten-year time period and an estimated 50 Swazis are dying every day from AIDS and 55 new infections are occurring daily, mostly among young people. Swaziland’s orphan population is estimated to have reached 60,000 in 2004 and will double by the year 2010. According to information from UNICEF, conditions in southern Africa such as, inter alia, the HIV/AIDS epidemic, have resulted in the deterioration of conditions for all families. Many children are dropping out of school and engaging in hazardous work to support their families. The crisis has left children and women vulnerable to sexual exploitation to meet their basic needs. The Committee also notes that UNFPA in collaboration with the World Food Programme (WFP) have embarked on a project to address the gender dimensions of HIV/AIDS. The project aims to train 358 women in the Lowveld and Middleveld as community counsellors for a range of health and safety issues, specifically HIV/AIDS, sexual abuse and exploitation. It further notes that the aims of the agreement of 2001-05 between the Government of Swaziland and UNICEF on HIV/AIDS include the mitigation of adverse impacts on orphans and vulnerable children, infection prevention among young people, prevention of parent to child transmission, care and support of affected children and their families and "breaking the silence" (advocacy and communication). Considering that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour, the Committee asks the Government to provide further information on effective and time-bound measures taken to address the situation of these children.

Clause (e). Take account of the special situation of girls. The Committee asks the Government to provide information on the manner in which the TBP will take account of the special situation of girls.

Article 8. International cooperation and assistance. The Committee notes that Swaziland is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that Swaziland ratified the Convention on the Rights of the Child in 1995. It further notes that Swaziland signed in 2001 but has not yet ratified the Supplementary Protocols to the UN Convention against Transnational Organized Crime to Prevent, Suppress and Punish Trafficking in Persons and on Smuggling of Migrants. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to provisions of the Convention through enhanced international cooperation and assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the absence of information in this regard. It encourages the Government to supply any court decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Parts IV and V of the report form.  Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s report. It therefore requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply copies of extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reports, investigations, prosecutions, convictions and penalties applied.