Country profile SWZ
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2010 | 5-14 | 6.493 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2010 | 5-14 | 5.703 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2010 | 5-14 | 6.11 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2010 | 5-14 | 8.401 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2010 | 5-14 | 7.107 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2010 | 5-14 | 7.774 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | No information | C182 | No information | [{"link_name":"No information","source_link":"-"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | No information |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2018-06-28 | C182 | Sexual Offences and Domestic Violence Act (SODV Act) - Sections 13, 15, 16, 24, 25-28 | [{"link_name":"-SODV Act","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/108709/SWZ108709%20Eng.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4297060,103336"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | In its CEACR Observation on C182 of 2022, 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). |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1977 | C182 | Umbutfo Swaziland Defense Force Order - Section 5 (1) and Section 17 (3) | [{"link_name":"Umbutfo Swaziland Defense Force Order","source_link":"https://eswatinilii.org/akn/sz/act/order-in-council/1977/10/eng@1998-12-01/source"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | While Section 5 (1) of the Text states that the Permanent Force shall consist of persons of the ages of 18 to 35 years, recruited on a voluntary basis, Section 17 (3) adds that, no recruiting officer shall recruit a person under the apparent age of 18 years without the written consent to the enlistment of his father or guardian, or if his father or guardian is dead or unknown, by the District Commissioner or by the Chief of the District or area in which such person resides. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | No information | C182 | No information | [{"link_name":"No information","source_link":"-"}] | No | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | No information |
| List of hazardous activities prohibited for children | 2022 | C138 & C182 | Employment Bill | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4297066,103336:NO"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In its CEACR Observation on C138 of 2022, the Committee notes with interest that the Employment Bill, 2022, in section 9, provides a list of types of hazardous work that are prohibited to children and young persons under 18. |
| Minimum age for hazardous work | 2022 | C138 & C182 | Employment Bill | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4297066,103336:NO"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | In its CEACR Observation on C138 of 2022, the Committee notes with interest that the Employment Bill, 2022, in section 9, provides a list of types of hazardous work that are prohibited to children and young persons under 18. |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"No information","source_link":"No information"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | No information |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2010 | C138 | Free Primary Education Act | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4297066,103336"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Under the Free Primary Education Act of 2010, education is free and compulsory only in the case of primary education, which normally ends when the child is 12 years of age which is below the minimum age for admission to work set to 15 years. However, it is worth noting that, in its CEACR observation on C138 of 2022, the Committee urges the Government to take the necessary steps to make education compulsory (and not only free) for students at the primary and lower secondary levels, up until the minimum age for admission to employment, which is 15 years in the Kingdom of Eswatini. |
| Light work - Determination of types and conditions of activities | 2022 | C138 | Employment Bill - Section 10 | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4297066,103336"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | According to subsections 1 and 3 of the Employment Bill, a child (meaning a person under 15 years of age) may perform work in a family business carried on only by a parent or guardian of the child. This type of work may not be performed during school hours, during the night between 6 p.m. and 7 a.m., for more than six hours per day or for more than 33 hours per week. In its CEACR Observation 2022 on C138, the Committee requests the Government to take the necessary measures to ensure that Section 10 of the Employment Bill, 2022 is modified to set a minimum age of 13 years for the performance of work in a family business carried on only by a parent or guardian of the child, and to reduce the number of hours per week that children between the ages of 13 and 15 are permitted to work in these circumstances in order to ensure that such work is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school. |
| Minimum age for light work | 2022 | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4297066,103336"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | According to section 10 of the Employment Bill, 2022, children under the minimum age of 15 years can work in certain exceptional circumstances. There is no minimum age set for light work in family undertakings under Section 10 of the Employment Bill, 2022 which allows children of any age to work for up to 6 hours per day or 33 hours per week. In its Observation 2022 on C138, the Committee requests the Government to take the necessary measures to ensure that Section 10 of the Employment Bill, 2022 is modified to set a minimum age of 13 years for the performance of work in a family business carried on only by a parent or guardian of the child, and to reduce the number of hours per week that children between the ages of 13 and 15 are permitted to work in these circumstances in order to ensure that such work is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school. In this regard, the Committee suggests that examples could be taken from the Labour Force Survey of 2021 and a maximum number of 14 hours per week established as a threshold. The Committee requests the Government to provide information on the progress made in this regard. |
| Minimum age for admission to work | 2022 | C138 | Employment Bill | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4297066,103336"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | According to CEACR Observation 2022 on C138, the Employment Bill 2022 sets a minimum age of 15 for employment or work for all workers, including those working in the informal economy. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 23-OCT-2002 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 23-OCT-2002 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| In its Direct Request adopted in 2022 on C138, the Committee notes with interest the adoption of the Action Programme on Combating Child Labour in Eswatini 2021-26 (APCCL). The main objective of the APCCL is to address the issues that have been identified as the main drivers of child labour, mainly poverty, the high prevalence of HIV/Aids, the low quality of education, employers’ preference for child labour, and the lack of public awareness. One of the overall goals of the APCCL is to lay strong social, policy and institutional foundations for eliminating all forms of child labour in the long term, through the pursuit of specific objectives, including the improvement of legislation and its enforcement, the empowerment of vulnerable households, improvement of education and training, and strengthening of institutional capacities. | [{"link_name":"APCCL","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4297069,103336:NO"}] | 2021-26 | Action Programme on Combating Child Labour in Eswatini 2021-26 (APCCL) | Task Team |