Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Eswatini (Ratification: 1981)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee noted from the 1985 Annual Report of the Department of Labour that the gap between the average earnings of women and of men has decreased in the public sector but that it has continued to be very wide in the private sector, particularly as a result of the low number of women employed in that sector. The Committee hopes that the Government will take the necessary measures in order to promote in practice equality of opportunity and treatment between men and women in all sectors of activity, and in the fields of vocational training, access to employment and conditions of service, in accordance with the Convention. The Committee requests the Government to report progress achieved in this respect.

2. The Committee has also examined with interest the programme for the courses of the Swaziland College of Technology (which was transmitted with the report for the period ending 30 June 1986) and the results for the vocational training of apprentices appearing in the Annual Report of the Department of Labour. The Committee requests the Government to supply in its next report information on the number of women admitted to vocational training courses and to the apprenticeship organised by the Department of Labour and on their percentage in relation to men; it also requests the Government to indicate whether the 1982 Vocational Training Act, which, according to the report of the Department of Labour, was delayed, has now come into force. If so, the Committee would appreciate information on the results obtained.

The Committee also requests the Government to indicate the criteria employed in the selection of applicants for student grants and training courses preparing for employment in the public services, under section 51 of the Civil Service Board (General) Regulations, No. 34 of 1963.

3. The Committee noted the Government's statement in its report for the period ending 30 June 1986 that the issue of the discriminatory practices followed by a number of employers with regard to Swazis has been dealt with by the Labour Commissioner, in consultation with the Minister, through discussions with the employers concerned. The Committee requests the Government to supply information on any developments in this field.

4. In its previous comments, the Committee noted the Government's statement that persons employed in the army, the police forces and the prison services, who are excluded from the scope of the 1980 Employment Act, are governed by the Public Service Act; it requested the Government to indicate the measures taken or under consideration to ensure that access to the civil services was not subject to any form of discrimination, in accordance with the Convention. In reply, the Government stated that it was considering whether specific amendments to the General Orders governing the public service should be made. The Committee noted this information and requests the Government to report the progress achieved in this respect.

5. The Committee also noted with interest that the Government intends, through the Labour Advisory Board, to continue consultations with employers and workers on ways to promote effective equality of opportunity and treatment in employment and that more detailed information will be supplied in due course on this question. The Committee also requests the Government to supply information on the situation with regard to equality of opportunity and treatment of a number of particular groups of the population (such as women and ethnic groups other than Swazis).

6. In its previous comments, the Committee requested the Government to indicate the circumstances in which measures could be taken in the fields of employment and occupation against persons suspected of activities prejudicial to the security of the State, and it requested the Government to report any provisions adopted in this respect and the procedures envisaged for their implementation (Article 4 of the Convention). The Government stated in its reply in the report for the period ending 30 June 1986 that it was not aware of any such cases. The Committee noted this statement. It requests the Government to supply information on the way in which effect is given in practice to the provisions of sections 36 and 37 of General Regulation No. 34 of 1963 on the Public Service, under which an official may undergo compulsory retirement for reasons of public interest, and on the effect given in practice to section 14 of Civil Service Order No. 16 of 1973, which provides for officials to be suspended from employment for political reasons. The Committee requests the Government to indicate whether in such cases the persons concerned have the right of appeal to a competent body.