Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Eswatini (Ratificación : 2002)

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.