Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(1) and Article 2(1) and (2)(b), (d) and (e) of the Convention. 1. The previous comments of the Committee have referred to the Swaziland Administration Act, No. 79 of 1950, section 10(1)(p), (q) and (u) of which provides for orders requiring compulsory cultivation, anti-soil erosion work and other works of construction and maintenance. In its latest report, the Government refers to the traditional nature of practices based on an African philosophy of communalism only some of which are found in the Swaziland Administration Act. The Government refers to the Ekhaya Policy of return to the rural village, born of concern over distribution of wealth and aimed in part at reducing crime and peri-urban poverty: this was never a national policy, nor was there any forced migration. Food produced as a result of those practices was intended to benefit various needy sections of the population and not solely for times of famine. These issues were not addressed in the tripartite task force, since it was not brought up as a concern by the nationals or any formation of Swazi nationals.

2. The Committee refers to paragraphs 74 to 83 of its 1979 General Survey on the abolition of forced labour, in which it explains the incompatibility of national provisions of this kind with the Convention if they are not restricted in application to the circumstances contemplated in Article 2(2), and the kinds of measures taken in some countries to remedy the situation. It notes the Government's indication that the Act has not yet been amended. The Committee would hope the tripartite task force mentioned by the Government would be able to discuss means whereby desirable outcomes can still be achieved without offending the Convention, and that the Government will take steps to amend section 10(1)(p), (q) and (u) of the Swaziland Administration Act in order to ensure compliance with the Convention. Please include in the next report information on progress made in that respect, as well as on the manner in which the provisions are in the meantime being applied in practice.