Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 29) sur le travail forcé, 1930 - Eswatini (Ratification: 1978)

Articles 1(1) and 2(1) of the Convention. Legislation concerning compulsory public works or services. The Committee previously noted that the Swazi Administration Order No. 6 of 1998 provided for the duty of Swazis to obey orders requiring participation in compulsory works, such as compulsory cultivation, anti-soil erosion works and the making, maintenance and protection of roads, enforceable with severe penalties for non-compliance. The Government indicated that this Order had been declared null and void by the High Court of Swaziland (Case No. 2823/2000). The Committee noted, however, the 2011 communication of the Swaziland Federation of Trade Unions (SFTU) alleging that the High Court’s nullification of the Order did not assist in halting forced labour practices, as these practices are rooted in the well-established and institutionalized customary law through cultural activities which are largely unregulated. These allegations indicated that the customary practice of Kuhlehla (rendering services to the local chief or king) is still practiced and enforced with punitive measures for refusal to attend.

The Committee notes that the Government reiterates that Swazi Administration Order No. 6 of 1998 is null and void. The Government states that it is not aware of other Swazi legislation that entrench forced labour and, therefore, any person who feels forced to participate in compulsory work can bring the matter to the courts to make a determination on such cases. The Committee requests the Government to indicate whether any cases have been brought before the court in this regard, including any cases relating to the customary practice of Kuhlehla. It also requests the Government to provide information on the measures taken to formally repeal the Swazi Administration Order No. 6 of 1998.