Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes a communication received in June 2001 from the Swaziland Federation of Trade Unions (SFTU), which contains observations concerning the application of the Convention by Swaziland. It notes that this communication was sent to the Government in July 2001, for any comments it might wish to make on the matters raised therein. It hopes that the Government’s comments will be supplied in its next report, so as to enable the Committee to examine them at its next session.

2. The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 1(1) and 2(1), and 2(b), (d) and (e) of the Convention. In its earlier comments the Committee referred to the Swaziland Administration Act, No. 79 of 1950, section 10(1)(p), (q) and (u) of which provided for orders requiring compulsory cultivation, anti-soil erosion work and other works of construction and maintenance. It expressed the hope that the necessary measures would be taken to amend these provisions in order to ensure observance of the Convention.

The Committee has noted the observations on the application of the Convention made in June 1999 by the Swaziland Federation of Trade Unions (SFTU). According to the SFTU’s allegations, the new Swazi Administration Order of 1998, which repealed the Swaziland Administrations Act of 1950, legalizes forced labour, slavery and exploitation with gross impunity and gives the chiefs the right to penalize non-compliance with the Order with fines, imprisonment, demolition without compensation, etc. The SFTU refers, inter alia, to sections 6, 27 and 28 of the 1998 Order, which provide for the duty of Swazis to assist the Ngwenyama and chiefs; the duty to attend before Ngwenyama, chiefs and government officers when so directed, under the threat of punishment; and the duty to obey orders requiring participation in compulsory works. The Committee has noted that these observations were transmitted to the Government in June 1999, for such comments as might be judged appropriate, and that no comments have been received from the Government so far.

The Committee has noted that the combination of sections 6, 21, 28(1)(p), (q) and (u) and 34 of the new Swazi Administration Order (No. 6 of 1998) provides for orders requiring compulsory cultivation, anti-soil erosion works and the making, maintenance and protection of roads with severe penalties for non-compliance. With reference to the comments it has been making for a number of years concerning Swaziland Administration Act, No. 79 of 1950, which contained similar provisions, the Committee observes that provisions of this kind are in serious breach of the Convention. They are not restricted in application to the circumstances contemplated in Article 2(2), such as cases of emergency (fire, flood, famine, earthquake, violent epidemic or epizootic diseases, etc.) or minor communal services. The Committee also refers to paragraphs 36, 37 and 74 to 83 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that, in order to be compatible with the Convention, such provisions should be limited in scope to cases of a calamity or threatened calamity endangering the existence or well-being of the population, or (in case of compulsory cultivation) to circumstances of famine or a deficiency of food supplies and always on the condition that the food or produce shall remain the property of the individuals or the community producing it, or (to fall under the exemption made for minor communal services) to cases where work is limited to minor maintenance and its duration is substantially reduced.

The Committee requests the Government to take the necessary measures to amend section 28(1)(p), (q) and (u) of the Swazi Administration Order, 1998 so as to ensure compliance with the Convention. It asks the Government to indicate the progress made in that respect and, in the meantime, to supply full information on the manner in which these provisions are being applied in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.