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

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

The Committee notes the Government’s report.

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

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

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

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

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

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

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

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

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