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

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls the adoption of the Sexual Offenses and Domestic Violence (SODV) Act No. 15 of 2018, which provides for a general definition of sexual harassment and penalties, and the Government’s previous indication that a policy on sexual harassment at the workplace was being developed. It also notes that the Employment Bill - that refers to sexual harassment as being included in “gender-based violence and harassment” - provides that the employer shall ensure a safe workplace with clearly defined policies that prohibit harassment and violence in the workplace, including gender-based violence and harassment.

In light of its previous comments regarding the concerns expressed by the United Nations Human Rights Council (UNHRC) at reports of widespread violence against women and at the fact that relevant officials lack specific training on gender-based violence, the Committee notes the detailed information provided by the Government on gender-based violence (GBV), such as for example: the development of a National Gender Based Violence Information Management System (GBVIMS) and the collection of data through the National Surveillance system on Violence (NSSV) ; the roll out of the One Stop Centres; review of the National Strategy and Action Plan to End Violence; the establishment of coordination structures; and the difficulties due to the COVID-19 pandemic. The Committee further notes the Government’s indication that the 2021 national surveillance report indicates that reported violence incidences are increasing in Eswatini. While welcoming this information, the Committee observes that sexual harassment at work is not only a specific form of harassment but also a serious manifestation of sex discrimination and its elimination in employment and occupation requires specific action from the Government and the employers. In this regard, the Committee refers to paragraphs 111 to 117 of its 2023 General Survey “Achieving Gender Equality at Work” and recalls that “[i]n order to tackle and put an end to all forms of sexual harassment in employment and occupation, clear and comprehensive legal provisions aimed at preventing, prohibiting and addressing sexual harassment need to protect all workers, men and women, and cover harassment perpetrated by a person in a position of authority, a colleague, a subordinate or by a person with whom workers have contact as part of their job (a client, supplier, etc.) […], with respect to all spheres of employment and occupation, including vocational education and training, internships, access to employment and conditions of employment.” The Committee asks the Government to consider the possibility of adopting specific legal measures to prevent, address and eliminate both quid pro quo and hostile environment sexual harassment in employment and occupation and to provide information on any measures adopted in this regard, including any specific policy on sexual harassment adopted by the employer at the workplace. It also asks the Government to provide information on: (i) the development of a national policy on sexual harassment at the workplace; (ii) the application in practice of the SODV Act of 2018 regarding sexual harassment (number and nature of judicial cases, penalties imposed and remedies granted); and (iii) any measures taken to increase public awareness regarding sexual harassment, as well as the procedures and mechanisms available for an aggrieved party to seek redress.

Article 1(1)(b). Discrimination based on additional grounds. Disability. The Committee notes the Government’s reference to the Eswatini - United Nations Partnership on the Rights of Persons with Disabilities Programme (UNPRPD) to operationalize the Persons with Disabilities Act No. 16 of 2018 and conduct advocacy and capacity-building initiatives. It also notes that, in its 2022 initial report to the United Nations Committee on the Rights on Persons with Disabilities (CRPD), the Government indicates that : (1) according to the 2017 Eswatini Population and Housing Census, the proportion of females with disability proportion in Eswatini population stands at 15.5 per cent compared to their male counterparts at 11.2 per cent; (2) the country has made progress in many of its initiatives with regard to equal protection and enjoyment of all rights by persons with disabilities, however, there still exist some weaknesses such as the monitoring of the impact of disability programmes, the low progress on the implementation of the Persons with Disabilities Act, the lack of information management system, the lack of affirmative action measures aimed at preventing multiple intersecting forms of discrimination for women and girls with disabilities and the lack of empowerment and capacity development of women and girls with disabilities; and (3) between 2019 and July 2022, the Commission on Human Rights and Public Administration (CHRPA) received 8 cases pertaining to discrimination (3 cases on access to employment, 1 case on access to public spaces and 4 cases on access to education) (see 2022 initial report to the CRPD, paragraphs 44, 46, 53, 59 and 62). The Committee asks the Government to provide information on: (i) any measures taken to address the weaknesses it has identified with regard to equal protection and employment rights of persons with disabilities and promote vocational training and education and employment; and (ii) the employment rate of workers with disabilities, disaggregated by sex and sector of the economy.

Articles 2 and 3. Equal opportunity and treatment. Public service. The Committee notes that, according to the statistical data of March 2022 transmitted by the Government, there were a total of 24,369 male public servants and 20,240 female public servants. With reference to the concern expressed previously by the UNHRC regarding the lack of representation of women in decision-making positions in the public sector, the Committee requests the Government to provide information on any measures taken to promote gender equality and the recruitment and/or promotion of women at higher level positions. Noting that the report does not contain any information in reply to its previous request, the Committee encourages the Government to take steps to raise awareness of the antidiscrimination provisions of the new Public Service Act No. 5/2018 among employees and their organizations and to promote equal employment opportunities and treatment in the public service regardless of gender, marital status, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age, disability or HIV and AIDS status.

Equality of opportunity and treatment between women and men. Private sector. The Committee notes the Government’s indication that: (1) women’s economic empowerment and financial inclusion in Eswatini is key as it is the key pillar of the National Financial Inclusion Strategy; (2) women work mainly in wholesale (46 per cent) and agriculture (21 per cent); and (3) only 27 percent of the women entrepreneurs own high growth micro, small and medium enterprises. It further notes from the latest Labour Force Survey (2016) that the labour force participation rate was 55.9 per cent for men and 47.1 per cent for women, of which 63 per cent work in the informal economy. It further notes the information in the new Decent Work Country Programme for Eswatini (2022–25) that social and structural inequalities, including patriarchal traditions and customs, have constrained women’s access to productive economic resources and other opportunities, including education and employment. The Committee asks the Government to provide information on the measures adopted or envisaged, in cooperation with workers’ and employers’ organizations, to improve equality of opportunity and treatment between men and women in employment and occupation in the formal economy and at all levels, in particular measures: (i) effectively enhancing women’s economic empowerment, through financial support, access to higher education and to productive resources and otherwise; (ii) increasing and diversifying training and employment opportunities for men and women; (iii) addressing and eliminating gender stereotypes. It also asks the Government to: (i) provide information on the implementation of the National Gender Policy 2019-2030 (reviewed) and the National Financial Inclusion Strategy; and (ii) indicate if such results are regularly monitored. The Committee also encourages the Government to take steps to ensure that the information on loans for enterprise creation and development and on the implementation of various incentive to promote women’s employment is disaggregated by sex, with a view to assess the progress made towards gender equality in this regard.

Equality of opportunity and treatment irrespective of HIV status. The Committee notes the Government’s indication regarding : (1) the Employment Bill currently under examination that covers real or perceived HIV/AIDS status as an unlawful discrimination ground; and (2) several initiatives to address HIV/AIDS issues. It also notes that the Government refers in its report to the adoption of the National Wellness Workplace Policy by the tripartite Labour Advisory Board (LAB) on 20 May 2022 that is a framework for systematic coordination of the implementation of strategies encompassing the physical, psychological, environmental, social, intellectual, occupational, spiritual and cultural aspects of all workers. The Committee notes however that the Government’s report does not contain information on measures taken to prevent and address specifically discrimination based on HIV/AIDS status at work. Therefore, referring to its previous comments and trusting the Employment Bill will be soon adopted, the Committee asks the Government to provide information on the practical steps taken, and the results achieved, to prevent and address HIV related stigma and discrimination in employment and occupation, in particular in the framework of the National Multi-Sectoral Strategic Framework for HIV and AIDS (NSF) 2018–23 and the new National Wellness Workplace Policy.

Enforcement. The Committee notes that two cases of unfair discrimination were received by the Conciliation, Mediation and Arbitration Commission (CMAC) in 2019–20 and none in 2020–21. In view of the future legislative developments and to ensure effective access to remedies, the Committee asks the Government to: (i) take appropriate measures to raise awareness among workers, employers and their respective organizations, as well as enforcement officials of the procedures and remedies available in case of discrimination in employment and occupation; and (ii) provide information on any activities undertaken to this end. It further asks the Government to continue to provide information on any cases referred to the Conciliation, Mediation and Arbitration Commission and complaints concerning discrimination, dealt with by labour inspectors, the CMAC, the courts or any other competent authorities, as well as their outcome.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. Protection against discrimination. Private sector. Legislation. Employment Bill. The Committee takes note of the “Code of Good Practice: Employment Discrimination” that applies both to the public and the private sectors and provides that “every employer should take steps to eliminate discrimination in any employment policy or practice and must promote equal opportunity at the workplace”. The Committee further notes from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that the National Gender Policy (reviewed) 2019–30 provides for the following definition of “discrimination”: “any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by any person, of human rights and fundamental freedoms in the political, economic, social, civil and any other field”. It notes from the Government’s report under the Convention that, according to the Attorney General’s Office, the Employment Bill was at its final vetting stage in September 2022. It further notes that, according to information communicated to the ILO Office in Pretoria, the Bill is not adopted yet. The Committee nevertheless welcomes the inclusion in the Employment Bill, as approved by the Attorney General in November 2022, of provisions: (1) protecting not only employees but also explicitly part-time, casual and migrant workers against discrimination at all stages of employment, including recruitment; (2) prohibiting discrimination based “on any one or more grounds, including but not limited to colour, gender, race, religion, marital status or family responsibility, ethnic or social origin, pregnancy or intended pregnancy, sexual orientation, sex, tribal or clan extraction, political affiliation or opinion, culture, language, trade union, staff association or organization affiliation, social origin or status, health status, real or perceived HIV/AIDS status, age or disability, conscience, belief” (section 16(1)); and (3) defining and prohibiting “violence and harassment in the world of work”, including “gender-based violence” the definition of which indicates that it includes sexual harassment (sections 2 and 17(1)). The Committee observes however that the Employment Bill: (1) does not provide for a definition of “direct and indirect discrimination” nor an explicit reference to “national extraction” as a prohibited ground of discrimination (whereas “national origin” was mentioned in the 1980 Employment Act); (2) does not refer anymore to the ground of “sexual orientation” unlike the draft reproduced in the Government’s report; and (3) does not cover the Royal Eswatini Police Force, the Umbutfo Eswatini Defence Force and His Majesty’s Correctional Services. The Committee asks once again the Government to take steps without further delay towards the adoption of the Employment Bill. It trusts that this opportunity will be taken to: (i) include a definition of direct and indirect discrimination in line with Article 1 of the Convention; and (ii) add “national extraction” to the list of prohibited grounds of discrimination. It also asks the Government to: (i) provide information on the legislative developments regarding the adoption of the Employment Bill and a copy of the text once adopted; and (ii) indicate how it is ensured that employees excluded from the scope of the Employment Bill are protected against discrimination in law and in practice. Finally, the Committee asks the Government: (i) to provide information on the steps taken by employers to eliminate discrimination in any employment policy or practice and promote equal opportunity at the workplace, pursuant to the above Code of Good Practice; and (ii) to indicate whether such steps have been initiated or discussed with the Labour Inspectorate.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes with interest the adoption of the Sexual Offenses and Domestic Violence (SODV) Act No. 15 of 2018 which entered into force on 1 August 2018, which aims to address gender-based violence and to protect against sexual harassment with penalties of a fine up to 25,000 eSwatini lilangeni (SZL) (US$1,800) or ten years’ imprisonment or both. It further notes the Government’s indication that a policy on sexual harassment at the workplace is being developed, as a result of the 2010 National Gender Policy (NGP), but that due to resource constraints it has not yet been finalized. The Committee notes that, in its 2017 concluding observations, the United Nations Human Rights Council (UNHRC) expressed concern at reports of widespread violence against women and at the fact that relevant officials lack specific training on gender-based violence and recommended that the Government ensure that all cases of sexual and gender-based violence are thoroughly investigated, that perpetrators are prosecuted and, if convicted, are punished with appropriate sanctions, and that victims receive full reparation (CCPR/C/SWZ/CO/1, 23 August 2017, paragraph 26). The Committee hopes that the SODV Act will have a positive impact in fighting against sexual harassment in the workplace. The Committee asks the Government to provide information on: (i) any measures taken, following the adoption of the SODV Act to prevent and address all forms of sexual harassment (quid pro quo and hostile working environment sexual harassment) in education institutions and at workplaces, including in the informal economy, and to increase public awareness regarding sexual harassment, as well as the procedures and mechanisms available for an aggrieved party to seek redress, including in the framework of the 2010 NGP or otherwise; and (ii) the number of complaints concerning cases of sexual harassment lodged, penalties imposed and compensation awarded.

Article 1(1)(b). Discrimination based on additional grounds. Disability. The Committee welcomes the adoption of the Persons with Disabilities Act No. 16 of 2018, entered into force on 1 August 2018, which protects the rights of persons with disabilities, including their access to education and employment. Noting that according to the last available census (2011), 83.7 per cent of persons with disabilities were economically inactive, it welcomes the fact that the National Disability Plan of Action (NDPA) for 2015–20 set as a specific objective to ensure equal participation in the economic development of persons with disabilities through vocational training and skills development and access to the labour market. The Committee asks the Government to provide information on the application of the Persons with Disabilities Act in practice. It further asks the Government to provide information on the measures taken to promote vocational training and education, as well as employment of persons with disabilities, including in the framework of the NDPA for 2015–20 or otherwise, and the results achieved. The Committee asks the Government to provide updated statistical information on the employment rate of workers with disabilities, disaggregated by sex.

Articles 2 and 3. Public service. The Committee notes the adoption on 22 February 2018 of the new Public Service Act No. 5/2018, and more particularly of section 4 which provides that the administration and operation of the public service shall be governed by the public service values, which are attached to the main Act and include: “to be a non-discriminatory employer, that makes employment decisions on the basis of merit and recognizes the aims and aspirations of its employees, regardless of gender, marital status, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age, disability or HIV and AIDS status” (subparagraph (f) of the first schedule). The Committee however observes that no explicit reference is made to discrimination in the sections of the main Act that deal with appointment, mobility or termination of employment of public officers. It further notes that, in its last concluding observations, the UNHRC expressed concern at the lack of equal representation of women in the public sector, particularly in decision-making positions (CCPR/C/SWZ/CO/1, 23 August 2017, paragraph 24). The Committee asks the Government to provide information on the application of section 4 of the Public Service Act No. 5/2018, in practice, as well as on any activities undertaken to raise awareness of this provision, and on any case of discrimination, direct or indirect, in the public sector brought before the competent authorities. It further asks the Government to provide information on any steps taken to promote equal employment opportunities in the public service and their impact, including by providing updated statistical information on the number of public officers, disaggregated by sex, category and position.

Equality of opportunity and treatment between women and men. The Committee notes the Government’s indication that several policy measures have been adopted to promote gender equality and afford women increased opportunities, in particular in the framework of the Poverty Reduction Strategy and Action Plan (PRSAP) of 2006, as well as the draft Strategy for Sustainable Development and Inclusive Growth of 2016. The Committee notes that the 2010 National Gender Policy (NGP) acknowledges that the society is characterized by inequality between women and men in different areas mainly as a result of cultural practices, and sets as objectives: (i) to ensure that girls and boys have equitable access to education; (ii) to prevent and eliminate practices that contribute to early dropout from school, especially for girls mainly as a result of teenage pregnancy; (iii) to provide the same training opportunities for men and women; (iv) to ensure that women and girls have equitable opportunities and access to, and control over, productive resources such as land and credit, and opportunities for self-employment; and (v) to promote the full participation of women in all socio-economic activities. It notes that the NGP also provides for commitments to sensitize communities on gender issues that may inhibit women from occupying leadership positions, with the objective of increasing women’s participation in decision-making positions. The Government adds that some measures have been elaborated in this framework but that due to resource constraints they are still at their early stages. The Committee notes that, according to the United Nations Development Programme (UNDP), in 2017, the participation rate of women in the labour market remained substantially lower than that of men (42.7 per cent compared to 67.2 per cent, respectively) with a gender inequality index value of 0.569, ranking Eswatini 141 out of 160 countries. The Committee notes with concern that according to the Labour Force Survey (LFS) 2013–14 forwarded by the Government, 54.7 per cent of women are concentrated in the three lowest paid occupational categories, while only 3.4 per cent of them are employed in management positions. The LFS also indicates that gender occupational segregation is evident from the value of 0.25 for Duncan’s Index of dissimilarity, and that the majority of women are unemployed or employed in the informal economy. The Committee further notes that in its 2017 concluding observations, the Human Rights Committee (HRC) expressed concern about domestic and customary laws as well as cultural practices which perpetuate inequality between men and women, as well as at the lack of equal representation of women in the public and private sectors, particularly in decision-making positions (CCPR/C/SWZ/CO/1, 23 August 2017, paragraph 24). In light of the lack of legislation that fully reflects the principles of the Convention, the Committee urges the Government to strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations, to raise awareness, to monitor, and to promote and enforce the application of the Convention. While noting the resource constraints, it asks the Government to take measures to improve equality of opportunity and treatment between men and women in employment and occupation by effectively enhancing women’s economic empowerment and access to decision-making positions, as well as by encouraging girls and women to choose non-traditional fields of study and professions while reducing early dropout from school for girls. The Committee asks the Government to provide information on the specific measures effectively implemented to this end, including in the framework of the National Gender Policy and the Poverty Reduction Strategy and Action Plan, as well as through the adoption and implementation of the draft Strategy for Sustainable Development and Inclusive Growth. It asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Equality of opportunity and treatment irrespective of HIV status. In its previous comments, the Committee requested the Government to provide information on the measures taken to mandate labour inspectors to promote the establishment of workplace-wellness policies, as well as information on the follow-up to the pilot inspection. The Committee notes the Government’s statement, in its report, that when conducting inspections, labour inspectors are required to inquire on whether the inspected workplace has incorporated a workplace wellness policy for its employees and, if necessary, advice and assist employers to this end. The Government adds that other employees’ wellness programmes are also implemented, in particular in the public sector. The Committee notes the adoption of the new National Multi-Sectoral Strategic Framework for HIV and AIDS (NSF) 2018–23, which aims in particular to address HIV related stigma and discrimination. It notes in its last concluding observations that the UNHRC remained concerned at the persistence of stigma and discrimination against persons living with HIV and AIDS, as well at the absence of laws prohibiting discrimination against such persons (CCPR/C/SWZ/CO/1, 23 August 2017, paragraph 20). Noting the Government’s statement that section 16 of the Employment Bill would prohibit discrimination “against real or perceived HIV/AIDS status”, the Committee reiterates its request that the Government provide information on the progress of this Bill and to provide information on any new legislation adopted. It asks the Government to provide information on the steps taken to address HIV related discrimination in employment and occupation, including in the framework of workplace-wellness policies and the NSF 2018–23, as well as on their impact.

Enforcement. The Committee notes the Government’s indication that, between 2010 and 2015, no case of discrimination was reported to the Conciliation, Mediation and Arbitration Commission (CMAC). It notes, however, that during this period, according to the information provided by the Government, among the cases received by the CMAC, more than 60 per cent referred to unfair dismissal, more than 10 per cent referred to unfair terms and conditions of employment and more than 5 per cent referred to unpaid wages, which are cases that could relate to discrimination in employment and occupation. Recalling that no society is free from discrimination and that constant efforts are needed to take action against it, the Committee wishes to stress that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in, or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). Consequently, the Committee asks the Government to take appropriate measures to raise public awareness on the provisions of the Convention, as well as on the procedures and remedies available, and provide information on any activities undertaken to this end. It further asks the Government to provide detailed information on any cases referred to the Conciliation, Mediation and Arbitration Commission, including complaints concerning discrimination, detected by or reported to labour inspectors, the CMAC, the courts or any other competent authorities, as well as any decision issued in this regard, disaggregated by the sex of the victims.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Legislative developments. The Committee recalls that the Government over a period of ten years has repeatedly indicated that a Bill was being prepared in order to fully reflect the principles set out in the Convention. The Committee notes the Government’s indication in its report that section 16 of the Employment Bill will complement section 29 of the Employment Act of 1980, by providing for additional grounds of discrimination, such as gender, family responsibilities, ethnic origin, pregnancy or intended pregnancy, sexual orientation, political opinion, social origin, health status, real or perceived HIV/AIDS status, age or disability, conscience and belief. The Committee asks the Government to take steps without further delay towards the adoption of the Employment Bill. It trusts that the Government will seize this opportunity to prohibit direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention, concerning all stages of the employment process, while also ensuring that the additional grounds already enumerated in the Employment Act of 1980 are preserved in the new legislation.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislative developments. The Committee notes the Government’s indication that the review of the Employment Bill by the Labour Advisory Board (LAB) is now finalized and that it is currently before the Attorney General’s Office for alignment, and that the LAB has also taken into account the provisions of the HIV and AIDS Recommendation, 2010 (No. 200). Recalling that the process of revising the Employment Act of 1980 has been ongoing for many years, the Committee hopes that the new legislation will contain a prohibition of direct and indirect discrimination based on at least all the grounds set out in the Convention concerning all stages of the employment process (education, vocational guidance and training; access to employment and particular occupations; and terms and conditions of employment), while also ensuring that the additional grounds already enumerated in the Employment Act of 1980 are preserved in the new legislation. The Committee also hopes that the new legislation will explicitly define and prohibit quid pro quo and hostile environment sexual harassment in employment and occupation, in accordance with the Committee’s 2002 general observation. The Committee requests the Government to continue providing information on the process leading to the adoption of the Employment Bill and to provide a copy of the text finally adopted by Parliament.

Article 1 of the Convention. Scope of protection. In its report, the Government reiterates that the Employment Bill, as well as the Industrial Relations Act of 2000 seek to protect all employees, irrespective of whether they are citizens or non-citizens, as indicated in the ruling of the Industrial Court of Swaziland, Case No. 97/2002, Thomas Maphosa USA Distillers v. Kenneth Joseph English and William De Kock (deceased) IC. The Committee notes that statement.

Article 2. Equality of opportunity and treatment between women and men. The Committee recalls the Government’s acknowledgment in its previous report of the need to improve existing policies with regard to the employment rate of women. In this regard, it notes the Government’s indication that information is not available on the measures taken under the Smart Programme on Economic Empowerment and Development (SPEED), the National Development Strategy (NDS, 1997–2022) and the Poverty Reduction Strategy and Action Plan (PRSAP) to promote equality of opportunity between women and men, nor are statistics available on the number of women enrolled in education and vocational training. The Committee also notes the Government’s indication that campaigns are ongoing to address cultural barriers limiting women’s access to high-ranking positions in the public and private sectors, but notes that no specific examples have been provided. Noting that a national gender policy is in the process of being published, the Committee requests the Government to provide more information on its adoption, and on the measures taken or envisaged to implement this policy, in particular with respect to training, economic empowerment and women’s access to high-ranking positions in the public and private sectors. Please provide a copy of the published version of the National Gender Policy. Noting that there is no information available on the measures taken or envisaged to implement programmes formulated by the Government, such as SPEED, NDS and the PRSAP to promote equality of opportunity between women and men, including improving women’s access to employment and occupation, education, vocational training and occupational guidance, nor statistical data, the Committee expresses the firm hope that in its next report the Government will be in a position to provide this information, including the position paper issued by the Swaziland Committee on Gender and Women’s Affairs.

Equality of opportunity and treatment, irrespective of HIV status. The Committee notes the Government’s indication that measures have been taken to address this issue, such as instructing labour inspectors to promote the establishment of workplace-wellness policies with employers in consultation with workers’ representatives. It also notes from the Government’s report that a pilot inspection has been conducted to assess whether employers take the initiative to establish policies and procedures to deal with wellness issues, with the conclusion being that a number of employers do not take such initiatives. Finally, the Committee notes the initiatives already taken by the Government in collaboration with the ILO to implement the HIV and AIDS Recommendation 2010 (No. 200), such national workplace-wellness policies developed at the ministerial level by the Public Sector HIV and AIDS Coordinating Committee (PSHACC). The Committee asks the Government to provide more information on the formal measures taken to mandate labour inspectors to promote the establishment of workplace-wellness policies, as well as information on the follow-up to the pilot inspection. It also asks the Government to provide more information on measures taken in the public sector to address discrimination based on real or perceived HIV status in employment and occupation, including information on the implementation of national workplace-wellness policies at the ministerial level.

Enforcement. The Committee notes the Government’s indication that no reported cases of discrimination have been filed with the labour inspectorate unit of the Ministry of Labour and Social Security. The Committee recalls that, for the purpose of achieving the objectives of the Convention, it is essential to acknowledge that no society is free from discrimination and that continuous action is therefore required to address it, and that the absence of complaints concerning discrimination is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in, or the absence of, practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). In this regard, the Committee asks the Government to provide information on the measures envisaged to ensure effective enforcement of the non-discrimination provisions in the Employment Act, for example by allowing the inspectorate unit of the Ministry of Labour and Social Security to monitor, remedy and sanction instances of discrimination in the workplace, as well as the training of labour inspectors on the application of the principles of equality and non-discrimination at work so that they can carry out their primary functions in this important area.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes 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 comments.

Repetition
Legislative developments. The Committee notes from the information provided by the Government on the Equal Remuneration Convention, 1951 (No. 100), that the Employment Bill is still under review, and that the HIV and AIDS Recommendation, 2010 (No. 200), and the decent work for domestic workers discussions during the International Labour Conference will be taken into consideration in the context of the review. The Committee hopes that the new legislation will be adopted in the near future and will contain a prohibition of direct and indirect discrimination based on at least all the grounds set out in the Convention and the additional grounds already enumerated in the Employment Act, 1980, concerning all stages of the employment process. The Committee also asks the Government to provide information regarding the possible inclusion of a prohibition of discrimination based on real or perceived HIV and AIDS status, in keeping with Recommendation No. 200. The Committee also asks the Government to take the opportunity of the revision of the Employment Act to include provisions expressly defining and prohibiting quid pro quo and hostile environment sexual harassment in employment and occupation, in accordance with its 2002 general observation. Please provide information on any achievements in this regard.
Article 1 of the Convention. Scope of protection. The Committee notes the Government’s indication that employees whether citizens or non-citizens are protected against any form of discrimination and that they are equally covered by the same labour laws. The Committee also notes the decision of the Industrial Court of Swaziland in Case No. 97/2002, in which the Court relied on the definition of the term “employee” set forth in section 2 of the Employment Act of 1980 and section 2 of the Industrial Relations Act, 2000, for the purpose of determining unfair termination of a non-citizen’s employment contract. The Committee hopes that the new Employment Act will clearly protect all workers, whether citizens or non-citizens, including migrant workers, against discrimination in employment and occupation, and asks the Government to provide information in this regard. The Committee also asks the Government to provide information on measures taken or envisaged, including policies and programmes, to ensure that in practice non-citizens are protected against discrimination in employment and occupation on all the grounds set out in the Convention.
Equality of opportunity and treatment between women and men. The Committee notes the Government’s acknowledgment that there is a need to improve the existing policies with regard to the situation of women. Indeed, the Committee notes from the information contained in the Decent Work Country Programme (DWCP) of 2010–14 the high unemployment amongst women (31.2 per cent) in comparison to men (25.7 per cent), and the fact that only 31.9 per cent of women were employed (43.9 per cent of men), and that 29.6 per cent of women were self-employed compared to 16 per cent of men. In order to address the situation, the Committee also notes from the DWCP that some initiatives have been taken: the Smart Programme on Economic Empowerment and Development (SPEED), which addresses poverty alleviation through employment creation and the achievement of the Millennium Development Goals as some of the key areas of development requiring major attention; the National Development Strategy (NDS, 1997–2022), the aim of which is to emphasize good governance, economic growth and social and human development; and the Poverty Reduction Strategy and Action Plan (PRSAP) undertaken to operationalize the implementation of the NDS with the objective of empowering the poor, youth and women in particular. The Committee further notes from the Government’s report that some measures have been taken to raise awareness of gender equality, including in education and training. The Committee requests the Government to provide information on the following:
(i) the concrete measures taken or envisaged under the SPEED, the NDS and the PRSAP to promote equality of opportunity between women and men, including improving women’s access to employment and occupation, education, vocational training and occupational guidance;
(ii) the measures taken or envisaged to address cultural barriers limiting women’s access to certain types of employment;
(iii) the concrete measures taken to raise awareness of equality of opportunity between women and men;
(iv) the involvement of the social partners in the implementation of the national employment policies and related programmes of action;
(v) updated statistics on the number of women enrolled in education and vocational training, including training courses offered by the Swaziland Institute of Management and Public Administration (SIMPA), and programmes at the University of Swaziland; and
(vi) forward a copy of the position paper issued by the Swaziland Committee on Gender and Women’s Affairs (SCOGWA), once available.
Equality of opportunity and treatment, irrespective of HIV/AIDS status. The Committee notes from the DWCP that the SPEED identifies among the national priorities, the fight against HIV and AIDS; and that the PRSAP contains concrete projects and programmes, which are designed to combat the HIV/AIDS pandemic. The Committee requests the Government to indicate whether the SPEED and the PRSAP include measures aimed at addressing discrimination based on real or perceived HIV/AIDS status in employment and occupation, and to provide information on any other programmes undertaken or envisaged by the Government in this regard. It further requests the Government to provide information on any steps taken or envisaged to raise awareness of employers, workers and their organizations about discriminatory practices relating to HIV and AIDS in the workplace, and to promote the adoption of workplace policies and procedures to prevent and address discrimination based on real or perceived HIV/AIDS status.
Equality of opportunity and treatment of ethnic minorities. The Committee recalls the need to take concrete measures to ensure that all workers, including those belonging to ethnic minorities, are protected against discrimination in employment and occupation. Noting from the Government’s report that reference continues to be made to the equal treatment provision embodied in the Constitution and that no concrete information has been provided regarding the employment situation of ethnic minorities, the Committee recalls that under the Convention the Government has the obligation to declare and pursue a national equality policy in employment and occupation with a view to eliminating any discrimination on the grounds set out in the Convention (Article 2 of the Convention). The Committee further recalls that the national policy must be clearly expressed, programmes must be established to promote the essential conditions for all workers to benefit in practice from equality in employment and occupation, and the policy must be also applied (see Special Survey of 1996 on equality in employment and occupation, paragraph 279). The Committee therefore urges the Government to take the necessary steps to pursue a national equality policy with a view to eliminating discrimination in employment and occupation, including with respect to those belonging to ethnic minorities, and to provide information on any achievements in this regard. The Committee also asks the Government to make every effort to collect and provide specific information on the employment situation of ethnic minorities existing in the country, which is important in identifying possible discrimination in practice and in monitoring the effect of policies and programmes to address such discrimination.
Enforcement. The Committee notes the Government’s indication that the inspectorate unit of the Ministry of Labour and Social Security monitors discrimination cases in all the workplaces that are liable for inspection. The Committee asks the Government to provide information on the activities of the labour inspectorate concerning cases of discrimination, including any sanctions imposed or remedies provided.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislative developments. The Committee notes from the information provided by the Government on the Equal Remuneration Convention, 1951 (No. 100), that the Employment Bill is still under review, and that the HIV and AIDS Recommendation, 2010 (No. 200), and the decent work for domestic workers discussions during the International Labour Conference will be taken into consideration in the context of the review. The Committee hopes that the new legislation will be adopted in the near future and will contain a prohibition of direct and indirect discrimination based on at least all the grounds set out in the Convention and the additional grounds already enumerated in the Employment Act, 1980, concerning all stages of the employment process. The Committee also asks the Government to provide information regarding the possible inclusion of a prohibition of discrimination based on real or perceived HIV and AIDS status, in keeping with Recommendation No. 200. The Committee also asks the Government to take the opportunity of the revision of the Employment Act to include provisions expressly defining and prohibiting quid pro quo and hostile environment sexual harassment in employment and occupation, in accordance with its 2002 general observation. Please provide information on any achievements in this regard.

Article 1 of the Convention. Scope of protection. The Committee notes the Government’s indication that employees whether citizens or non-citizens are protected against any form of discrimination and that they are equally covered by the same labour laws. The Committee also notes the decision of the Industrial Court of Swaziland in Case No. 97/2002, in which the Court relied on the definition of the term “employee” set forth in section 2 of the Employment Act of 1980 and section 2 of the Industrial Relations Act, 2000, for the purpose of determining unfair termination of a non-citizen’s employment contract. The Committee hopes that the new Employment Act will clearly protect all workers, whether citizens or non-citizens, including migrant workers, against discrimination in employment and occupation, and asks the Government to provide information in this regard. The Committee also asks the Government to provide information on measures taken or envisaged, including policies and programmes, to ensure that in practice non-citizens are protected against discrimination in employment and occupation on all the grounds set out in the Convention.

Equality of opportunity and treatment between women and men. The Committee notes the Government’s acknowledgment that there is a need to improve the existing policies with regard to the situation of women. Indeed, the Committee notes from the information contained in the Decent Work Country Programme (DWCP) of 2010–14 the high unemployment amongst women (31.2 per cent) in comparison to men (25.7 per cent), and the fact that only 31.9 per cent of women were employed (43.9 per cent of men), and that 29.6 per cent of women were self-employed compared to 16 per cent of men. In order to address the situation, the Committee also notes from the DWCP that some initiatives have been taken: the Smart Programme on Economic Empowerment and Development (SPEED), which addresses poverty alleviation through employment creation and the achievement of the Millennium Development Goals as some of the key areas of development requiring major attention; the National Development Strategy (NDS, 1997–2022), the aim of which is to emphasize good governance, economic growth and social and human development; and the Poverty Reduction Strategy and Action Plan (PRSAP) undertaken to operationalize the implementation of the NDS with the objective of empowering the poor, youth and women in particular. The Committee further notes from the Government’s report that some measures have been taken to raise awareness of gender equality, including in education and training. The Committee requests the Government to provide information on the following:

(i) the concrete measures taken or envisaged under the SPEED, the NDS and the PRSAP to promote equality of opportunity between women and men, including improving women’s access to employment and occupation, education, vocational training and occupational guidance;
(ii) the measures taken or envisaged to address cultural barriers limiting women’s access to certain types of employment;
(iii) the concrete measures taken to raise awareness of equality of opportunity between women and men;
(iv) the involvement of the social partners in the implementation of the national employment policies and related programmes of action;
(v) updated statistics on the number of women enrolled in education and vocational training, including training courses offered by the Swaziland Institute of Management and Public Administration (SIMPA), and programmes at the University of Swaziland; and
(vi) forward a copy of the position paper issued by the Swaziland Committee on Gender and Women’s Affairs (SCOGWA), once available.

Equality of opportunity and treatment, irrespective of HIV/AIDS status. The Committee notes from the DWCP that the SPEED identifies among the national priorities, the fight against HIV and AIDS; and that the PRSAP contains concrete projects and programmes, which are designed to combat the HIV/AIDS pandemic. The Committee requests the Government to indicate whether the SPEED and the PRSAP include measures aimed at addressing discrimination based on real or perceived HIV/AIDS status in employment and occupation, and to provide information on any other programmes undertaken or envisaged by the Government in this regard. It further requests the Government to provide information on any steps taken or envisaged to raise awareness of employers, workers and their organizations about discriminatory practices relating to HIV and AIDS in the workplace, and to promote the adoption of workplace policies and procedures to prevent and address discrimination based on real or perceived HIV/AIDS status.

Equality of opportunity and treatment of ethnic minorities. The Committee recalls the need to take concrete measures to ensure that all workers, including those belonging to ethnic minorities, are protected against discrimination in employment and occupation. Noting from the Government’s report that reference continues to be made to the equal treatment provision embodied in the Constitution and that no concrete information has been provided regarding the employment situation of ethnic minorities, the Committee recalls that under the Convention the Government has the obligation to declare and pursue a national equality policy in employment and occupation with a view to eliminating any discrimination on the grounds set out in the Convention (Article 2 of the Convention). The Committee further recalls that the national policy must be clearly expressed, programmes must be established to promote the essential conditions for all workers to benefit in practice from equality in employment and occupation, and the policy must be also applied (see Special Survey of 1996 on equality in employment and occupation, paragraph 279). The Committee therefore urges the Government to take the necessary steps to pursue a national equality policy with a view to eliminating discrimination in employment and occupation, including with respect to those belonging to ethnic minorities, and to provide information on any achievements in this regard. The Committee also asks the Government to make every effort to collect and provide specific information on the employment situation of ethnic minorities existing in the country, which is important in identifying possible discrimination in practice and in monitoring the effect of policies and programmes to address such discrimination.

Enforcement. The Committee notes the Government’s indication that the inspectorate unit of the Ministry of Labour and Social Security monitors discrimination cases in all the workplaces that are liable for inspection. The Committee asks the Government to provide information on the activities of the labour inspectorate concerning cases of discrimination, including any sanctions imposed or remedies provided.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Scope of protection. The Committee notes the Government’s response to its previous comments regarding the Constitution of 2005, the scope of protection of which appears to be limited to citizens (article 2(2)), indicating that qualified expatriate employees can be granted work permits. The Committee also notes that pursuant to article 20 of the Constitution, “a person shall not be discriminated against on the ground of gender, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age or disability”. Article 23 of the Constitution also contains further protection of freedom of conscience and religion. The Committee recalls that pursuant to the Convention, both citizens and non-citizens should be protected against discrimination on all the grounds set out in the Convention, including race, colour and national extraction. The Committee, therefore, requests the Government to indicate the concrete measures taken to ensure that in practice both citizens and non-citizens are protected against discrimination in employment and occupation on all the grounds set out in Article 1(1)(a) of the Convention, and in particular on the grounds of race, colour and national extraction.

Prohibition of discrimination. Legislative developments. The Committee notes the Government’s indication that the Employment Act has been tabled in Parliament and is to be debated. The Government had indicated previously that the Act would prohibit sex discrimination and was likely to include a specific prohibition of sexual harassment. The Committee asks the Government to provide information on the status of the Employment Act. The Committee hopes that the Act will prohibit discrimination, both direct and indirect, at all stages of the employment process, and will also define and prohibit quid pro quo sexual harassment and hostile environment sexual harassment in the workplace, and asks the Government to provide information in this regard. The Committee also requests the Government to provide information on specific measures taken to prevent and address sexual harassment in the workplace. Noting the Government’s indication that the Civil Service Bill has been passed, the Committee asks that the Government forward a copy to the Office.

Articles 2 and 3. Equality of opportunity between women and men. The Committee previously noted the Ministry of Education’s advocacy programme to dispel gender stereotypes in respect of occupational guidance and counselling, and that studies had been undertaken on the cultural barriers preventing women’s access to certain types of employment. The Committee also notes the statistics provided by the Government on the number of men and women enrolled in training courses offered by the Swaziland Institute of Management and Public Administration (SIMPA) for 2007 and 2008. The statistics indicate a low percentage of women in the courses on supervisory management skills, and a high proportion in word processing courses. The statistics also show a large increase from 2007 to 2008 in the proportion of women taking courses in financial management and accounting, notably in public procurement. Noting the Government’s indication that it will forward a copy of the position paper issued by the Swaziland Committee on Gender and Women’s Affairs (SCOGWA), the Committee hopes that a copy will be included with the Government’s next report. The Committee also requests the Government to provide information on the measures taken or envisaged to secure women’s equal access to vocational training and occupational guidance, and to the range of courses offered by SIMPA, including those in which men are the majority. The Committee requests the Government to continue to provide statistics on the number of men and women enrolled in SIMPA courses, as well as other training courses if available. Please also provide information on the measures taken or envisaged to address cultural barriers limiting women’s access to certain types of employment, and to ensure women’s access to a wider range of jobs and occupations, including decision-making positions.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Equality of opportunity and treatment of ethnic minorities. In its previous observation, the Committee had reiterated its earlier request for specific information on the employment situation of those belonging to certain ethnic minority communities, namely the Zulu and the Tonga. The Committee regrets that the Government again merely refers to the Constitution and states that no discrimination of such people takes place. The Committee draws the Government’s attention once again to the importance under the Convention, not only of the absence of discriminatory legal provisions, but also of declaring and implementing a national policy on equality of opportunity and treatment with respect to all the grounds covered in Article 1(1)(a) of the Convention and taking concrete measures to implement the policy in accordance with Article 3. The Committee urges the Government to ensure that in the context of the national equality policy, concrete measures are taken to ensure that workers from ethnic minorities, in particular the Zulu and the Tonga, are protected against discrimination in employment and occupation, and requests the Government to provide information in this regard. The Committee also asks the Government to provide specific information on the employment situation of ethnic minorities in the country.

The Committee is raising other points in a request addressed directly to the Government.

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

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes the Government’s statement that the Employment Bill is still under consideration and that protection against sex discrimination will be covered in one of the first chapters of the Bill. The Government also adds that in drafting the Bill consideration has been given to the comments of the Committee of Experts. The Committee reminds the Government that a prohibition of discrimination should cover all the grounds listed in the Convention and provide protection against discrimination at all stages of the employment process, and hopes that the new legislation will be drafted accordingly.

2. Article 1(1)(a). Discrimination on the grounds of sex. Further to the above, the Committee understands from the Government’s report that the Employment Bill, which will prohibit sex discrimination, is likely to include a prohibition of sexual harassment. The Committee hopes that the draft legislation will include a provision defining and prohibiting quid pro quo and hostile environment harassment in the workplace. It asks the Government to provide information in its next report on any other measures it is taking to address the issue of sexual harassment in the workplace, including awareness raising of and cooperation with the employers’ and workers’ organizations on this issue.

3. Article 2. Equality of opportunity between men and women. The Committee notes the Government’s statement that the Ministry of Education is not ready to provide information on the impact of its advocacy programme seeking to dispel gender stereotypes in respect of occupational guidance and counselling. Recalling the Government’s obligation under Article 3(e) of the Convention to ensure the national policy of equality in vocational training and guidance under the direction of a national authority, the Committee trusts that the Government’s next report will contain detailed information on how it is securing equal access of women to vocational training and occupational guidance.

4. With reference to its previous comments, the Committee notes the absence in the Government’s report of information on the measures taken to address cultural barriers preventing women from attaining decisions-making positions following research commissioned by the Ministry of Justice and Constitutional Affairs and of the gender unit of the Ministry of Home Affairs regarding Swazi tradition and custom. The Committee asks the Government to provide information on the outcome of the studies undertaken on the cultural barriers preventing women’s access to certain types of employment, and the measures envisaged to address discrimination against women and to promote equality in employment and occupation. Please also provide a copy of the Gender and Women’s Issues Position Paper, issued by the Swaziland Committee on Gender and Women’s Affairs (SCOGWA).

5. Article 3(d). Application in the public sector. The Committee notes the Government’s statement that the proposed Civil Servants Bill has not yet been passed. The Government also states that it will provide the statistics respecting the number of men and women trainees enrolled in each of the Swaziland Institute of Management and Public Administration’s different occupational training categories in its next report. The Committee hopes that the new legislation will promote the principles of the Convention and asks the Government to provide a copy of the new legislation on civil servants once it has been enacted. It looks forward to receiving the requested statistics on the enrolment of men and women in the training courses of the Swaziland Institute of Management and Public Administration.

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

Article 2 of the Convention. Equality of opportunity and treatment on the basis of race, colour and national extraction. For a number of years, the Committee has been asking the Government to provide information on the labour market and employment situation of certain ethnic minorities in Swaziland, in particular the Zulu from the former KwaZula-Natal and the Tonga. The Committee regrets to note that the Government has once again failed to provide the requested information and merely refers to the provisions relating to citizenship in the Constitution of Swaziland, namely that all Swazi born in or outside Swaziland are citizens of the country and cannot be discriminated against on the basis of race, colour and national extraction. The Committee reminds the Government that the Convention protects both citizens and non-citizens against discrimination on the basis of all the grounds enumerated in the Convention, including race, colour and national extraction. The Government is obliged under the Convention to declare and pursue a national policy on equality of opportunity and treatment with respect to all the grounds covered by Article 1(1)(a) of the Convention, and to take active measures to implement that policy in accordance with Article 3 of the Convention. The Committee urges the Government to provide full particulars in its next report on the following:

(a) the employment situation of the ethnic minorities in the country, particularly the Zulu from the former KwaZula-Natal and the Tonga;

(b) the concrete measures taken or envisaged to protect citizens and non-citizens in law and in practice against discrimination based on race, colour and national extraction in employment and occupation.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes that a new Employment Bill is currently under preparation and hopes that the new legislation will contain a prohibition of discrimination in employment and occupation in accordance with the Convention. Such prohibition should cover all grounds of discrimination listed in the Convention and provide protection from discrimination at all stages of the employment process, including recruitment.

2. Article 1(1)(a). Discrimination on grounds of sex. The Committee notes the Government’s statement that appropriate measures will be taken to prohibit sexual harassment in employment and occupation as suggested in the Committee’s general observation of 2002. The Committee asks the Government to keep it informed on the measures taken to address the issue of sexual harassment in the workplace.

3. Article 2. Equality of opportunity and treatment of men and women. Recalling the Government’s statement that the Ministry of Education runs an advocacy programme seeking to dispel existing stereotypes in respect of occupational guidance and counselling, the Committee reiterates its request to provide more detailed information on this programme, including results secured in promoting women’s equal access to vocational training and occupational guidance.

4. The Committee recalls the Government’s statement that, to address any cultural barriers preventing women from attaining positions of decision-making, the Ministry of Justice and Constitutional Affairs has commissioned a research study that may ultimately result in the codification of Swazi law and custom. Further, the gender unit of the Ministry of Home Affairs had similarly commissioned a research study on Swazi tradition and custom. The Committee reiterates its request to the Government to indicate in its next report what specific measures have been taken or envisaged, on the basis of the study’s findings, to eliminate discrimination and to implement the principle of equality in employment. Please also provide a copy of the Gender and Women’s Issues Position Paper, issued by the Swaziland Committee on Gender and Women’s Affairs (SCOGWA).

5. Article 2. Equality of opportunity and treatment on the basis of race, colour and national extraction. The Committee notes once again that the Government does not reply to its previous request for information, including statistical data, on the labour market and employment situation of ethnic minorities in Swaziland, particularly the Zulu from the former KwaZulu-Natal and the Tonga. It urges the Government to make every effort to supply such information in its next report.

6. Article 3(d). Application in the public sector. The Committee recalls the Government’s previous statement concerning the preparation of new public service legislation. The Committee trusts that the legislation will promote the application of the Convention and requests the Government to provide a copy of the said legislation when it has been enacted. Further, the Committee reiterates its request to the Government to provide statistical information respecting the number of women and men trainees enrolled in each of the Swaziland Institute of Management and Public Administration’s (SIMPA) different occupational training categories.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

2. Article 1(1)(a). Discrimination on grounds of sex. The Committee notes the Government’s statement that appropriate measures will be taken to prohibit sexual harassment in employment and occupation as suggested in the Committee’s general observation of 2002. The Committee asks the Government to keep it informed on the measures taken to address the issue of sexual harassment in the workplace.

5. Article 2. Equality of opportunity and treatment on the basis of race, colour and national extraction. The Committee notes once again that the Government does not reply to its previous request for information, including statistical data, on the labour market and employment situation of ethnic minorities in Swaziland, particularly the Zulu from the former KwaZulu-Natal and the Tonga. It urges the Government to make every effort to supply such information in its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s statement that the Ministry of Education runs an advocacy programme to dispel any stereotypes that exist in respect of occupational guidance and counselling. It asks the Government to provide more detailed information on this programme, including copies of publications and educational materials produced under its auspices. Referring to its previous comments on the extremely low participation of girls and women in technical and vocational training institutes, the Committee requests the Government to also keep it informed of the results secured by the said advocacy programme in promoting women’s equal access to vocational training and occupational guidance, including access to non-traditional occupations.

2. The Committee notes the Government’s statement that entry into pre-service training for the public sector is non-discriminatory. It notes as well the information provided regarding the number of women and men enrolled in these courses; the figures supplied indicate that, of the trainees for the year 1999 at the Swaziland Institute of Management and Public Administration (SIMPA), 450 were men and 479 were women. It asks the Government to provide statistical information respecting the number of women and men trainees enrolled in each of SIMPA’s different occupational training categories. Further, with reference to its previous request, the Committee asks the Government to supply a copy of the report outlining pre-service training for the public sector.

3. The Committee notes the Government’s statement that the draft public service legislation was expected to have been completed by 2001. It trusts the legislation will promote application of the Convention and requests the Government to provide a copy of the said legislation when it has been enacted.

4. The Committee notes the Government’s statement that, to address any cultural barriers preventing women from attaining positions of decision-making, the Ministry of Justice and Constitutional Affairs has commissioned a research study that may ultimately result in the codification of Swazi law and custom. It notes that the Gender Unit of the Ministry of Home Affairs has similarly commissioned a research study on Swazi tradition and custom. The Committee would be grateful if the Government would indicate in its next report what specific measures have been taken or envisaged, on the basis of the studies’ findings, to eliminate discrimination and to implement the principle of equality in employment.

5. The Committee notes the Government’s statement that there has been an ongoing sensitization of various sectors of society through workshops on gender issues. It asks the Government to indicate the progress achieved by this initiative in promoting the principle of non-discrimination contained in the Convention. Further, the Committee notes that a copy of the Gender and Women’s Issues Position Paper, issued by the Swaziland Committee on Gender and Women’s Affairs (SCOGWA), has not been received as previously requested. In this regard, the Committee again asks the Government to provide a copy of the said document.

6. The Committee notes the Government’s statement that all the people in Swaziland are Swazis and the country therefore experiences no ethnicity problems at all. The Committee points out, however, that this statement contradicts the comments of the Committee on the Elimination of Racial Discrimination concerning new forms of racism against ethnic minorities in Swaziland (CERD/C/SR.1209), which the Committee had noted in its previous comments. The Committee expresses its hope that the Government would engage in meaningful dialogue on this point of the application of the Convention. It therefore repeats its request to the Government to supply information, including statistical data, on the labour market and employment situation of ethnic minorities in Swaziland, particularly the Zulu from the former KwaZulu-Natal and the Tonga.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It asks the Government to provide further information in its next report, on the following points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report, including the 1997 education statistics.

1. The Committee notes the Government’s statement that education and training opportunities in Swaziland are open to both sexes. The figures supplied indicate that, in 1996, 46 per cent of the students at the University of Swaziland were women. The Committee notes, however, that the participation of girls and women is extremely low in technical and vocational training institutes, particularly in non-traditional occupations. It notes that, in 1997, only three out of 106, or 0.03 per cent, of the students at the Vocational and Commercial Institute Matsapa (Voctim) were women. Women made up 23 per cent of the student body at the Swaziland College of Technology in the 1997-98 academic year, and were concentrated predominantly in secretarial and educational courses. The Committee requests the Government to provide specific information on the measures taken or envisaged to ensure women’s equal access to vocational training and occupational guidance, including promoting women’s access to non-traditional jobs and occupations.

2. Referring to its previous comments, the Committee once again requests that the Government provide information on the specific measures taken or envisaged to encourage girls and women to obtain their "O" level qualifications, a prerequisite for application for student grants and training courses for public sector employment. The Committee again expresses its hope that the report outlining pre-service training for the public sector will be available in the near future and that the Government will provide information in its next report on the number of men and women admitted to these courses. Further, with reference to its previous request, the Committee asks the Government to supply information on the follow-up given to the draft public service legislation to the extent that it relates to the principle of non-discrimination contained in the Convention.

3. The Committee notes the information contained in the Government’s report regarding the Swaziland Committee on Gender and Women’s Affairs (SCOGWA). The Committee requests the Government to supply a copy of SCOGWA’s Gender and Women’s Issues Position Paper which served as the Swaziland Platform for Equality, Development and Peace. The Committee further notes the formation of a gender issues taskforce and the establishment of a gender unit within the Ministry of Home Affairs whose main objectives include the introduction of gender mainstreaming throughout all sectors of national development. The Committee would be grateful if the Government would continue to keep it informed concerning the activities of the above agencies, as well as concerning other practical measures adopted or under consideration to implement the Convention.

4. The Committee reminds the Government that its reporting obligation under the Convention extends to all grounds of discrimination covered in Article 1(1)(a) of the Convention. It notes the comments of the Committee on the Elimination of Racial Discrimination concerning new forms of racism against ethnic minorities in Swaziland and stressing the need to implement education programmes geared to combating racism (CERD/C/SR.1209). In this connection, the Committee would be grateful if the Government would supply information, including statistical data, on the situation of ethnic minorities in Swaziland, particularly the Zulu from the former KwaZulu-Natal and the Tonga.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report, including the 1997 education statistics.

1. The Committee notes the Government's statement that education and training opportunities in Swaziland are open to both sexes. The figures supplied indicate that, in 1996, 46 per cent of the students at the University of Swaziland were women. The Committee notes, however, that the participation of girls and women is extremely low in technical and vocational training institutes, particularly in non-traditional occupations. It notes that, in 1997, only three out of 106, or 0.03 per cent, of the students at the Vocational and Commercial Institute Matsapa (Voctim) were women. Women made up 23 per cent of the student body at the Swaziland College of Technology in the 1997-98 academic year, and were concentrated predominantly in secretarial and educational courses. The Committee requests the Government to provide specific information on the measures taken or envisaged to ensure women's equal access to vocational training and occupational guidance, including promoting women's access to non-traditional jobs and occupations.

3. The Committee notes the information contained in the Government's report regarding the Swaziland Committee on Gender and Women's Affairs (SCOGWA). The Committee requests the Government to supply a copy of SCOGWA's Gender and Women's Issues Position Paper which served as the Swaziland Platform for Equality, Development and Peace. The Committee further notes the formation of a gender issues taskforce and the establishment of a gender unit within the Ministry of Home Affairs whose main objectives include the introduction of gender mainstreaming throughout all sectors of national development. The Committee would be grateful if the Government would continue to keep it informed concerning the activities of the above agencies, as well as concerning other practical measures adopted or under consideration to implement the Convention.

4. The Committee reminds the Government that its reporting obligation under the Convention extends to all grounds of discrimination covered in Article 1(1)(a) of the Convention. It notes the comments of the Committee on the Elimination of Racial Discrimination concerning new forms of racism against ethnic minorities in Swaziland and stressing the need to implement education programmes geared to combating racism (CERD/C/SR.1209). In this connection, the Committee would be grateful if the Government would supply information, including statistical data, on the situation of ethnic minorities in Swaziland, particularly the Zulu from the former KwaZulu-Natal and the Tonga.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes 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 notes the adoption in 1996 of the new Industrial Relations Act. Recalling that the Employment Bill is awaiting debate in the tripartite committee before being tabled in Parliament, the Committee requests the Government to keep it informed of the adoption of this latter text. Noting that the Technical Memorandum sent by the ILO to the Government on the review of the Swazi labour legislation also contained draft texts concerning the public service, the Committee would like to receive information on the follow up given to the draft public service legislation, in so far as it relates to the principle of equality embodied in the Convention.

2. The Committee notes, however, 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, in part, as follows:

(i) The Committee notes that, in 1990, approximately 150 women, as opposed to 450 men, were admitted to vocational training courses but that the intake of women was to double once adequate facilities have been provided, and again asks the Government to indicate the particular courses to which women have been admitted or are being encouraged to undertake, and to provide details of the measures being taken by the responsible authority to increase women's participation in training courses under its direction.

(ii) The Committee again requests the Government to provide information on the measures taken or under consideration to encourage girls and women to pass the "O" level examination which is a requisite for application for student grants and training courses for employment in the public services. The Committee hopes that the report outlining pre-service training for public sector employment, which is in the process of being prepared, will be available in the near future and that the Government will also supply details on the number of men and women accepted for these courses.

(iii) With regard to application of the Convention in the private sector and the procedure whereby collective agreements are monitored prior to registration by the Industrial Court, the Committee recalls that sections 29 and 35 of the Employment Act of 1980 prohibit discrimination in and termination of any contract of service, apprenticeship or traineeship. It would be grateful if the Government would provide information on the practical measures adopted or contemplated in the context of the Bill which is currently being discussed to eliminate discrimination and promote equality of opportunity and employment for particular groups of the population (such as women and ethnic groups) in all areas of the private sector, including those not covered by collective agreements.

(iv) The Committee notes that consideration is still being given to the means of involving employers' and workers' organizations in efforts to promote equality, and trusts that the Government will shortly be able to indicate that a tripartite programme of action has been determined and implemented.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes that the Government's brief report states that it is currently considering reviewing the Industrial Relations Act, using the text already prepared with ILO assistance as a working document, and that the Committee of Experts' comments will be taken into consideration during discussion of the final draft. Recalling that its previous direct request had specifically requested details on any legislative amendments taken following the Office's technical assistance of 1992 and information on provisions applying to public servants (excluded from the protection of the Employment Act, 1980), the Committee asks the Government to inform it of progress towards the adoption of labour legislation guaranteeing the principle of non-discrimination in employment and occupation on the grounds listed in Article 1, paragraph 1(a), of the Convention for private and public sector employees.

2. Noting that the report contains no reply to the other points, the Committee hopes that the next report will include full information on these matters raised in its previous direct request, which read as follows:

1. The Committee again requests the Government to supply information on progress in promoting equality of opportunity and treatment between men and women in respect of vocational training, access to employment and terms and conditions of employment in all sectors of activity.

(ii) The Committee again requests the Government to provide information on the measures taken or under consideration to encourage girls and women to pass the "O" level examination which is a requisite for application for student grants and training courses for employment in the public services. The Committee hopes that the report outlining pre-service training for public sector employment, which is in the process of being prepared, will be available in the near future and that the Government will also supply details or the numbers of men and women accepted for these courses.

(iii) With regard to application of the Convention in the private sector and the procedure whereby collective agreements are monitored prior to registration by the Industrial Court, the Committee recalls that sections 29 and 35 of the Employment Act of 1980 prohibit discrimination in and termination of any contract of service, apprenticeship or traineeship. It would be grateful if the Government would provide information on the practical measures and programmes adopted or contemplated in the context of the Bill which is currently being discussed to eliminate discrimination and promote equality of opportunity and employment for particular groups of the population (such as women and ethnic groups) in all areas of the private sector, including those not covered by collective agreements.

The Committee asks the Government to keep it informed of provisions applying to public officials (who are excluded from the scope of the 1980 Employment Act) designed to ensure observance of the principle of non-discrimination in access to vocational training, access to employment and terms and conditions of employment, including dismissal, complusory retirement, suspension or transfer.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes from the Government's report that the Industrial Relations Bill, 1995, has passed debate in the House of Assembly of Parliament and is now before the Senate, and that the Committee's comments have from time to time been taken into consideration. The Committee also notes that the Employment Bill, 1995, is awaiting debate in the tripartite committee before being tabled in Parliament. It asks the Government to inform it in its next report of the adoption of both these texts and to supply copies of them, as indicated in the reports.

2. The Committee notes, however, that the Government's report contains no reply to the remainder of its comments. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

(iii) With regard to application of the Convention in the private sector and the procedure whereby collective agreements are monitored prior to registration by the Industrial Court, the Committee recalls that sections 29 and 35 of the Employment Act of 1980 prohibit discrimination in and termination of any contract of service, apprenticeship or traineeship. It would be grateful if the Government would provide information on the practical measures and programmes adopted or contemplated in the context of the Bill which is currently being discussed to eliminate discrimination and promote equality of opportunity and employment for particular groups of the population (such as women and ethnic groups) in all areas of the private sector, including those not covered by collective agreements.

2. The Committee asks the Government to keep it informed of provisions applying to public officials (who are excluded from the scope of the 1980 Employment Act) designed to ensure observance of the principle of non-discrimination in access to vocational training, access to employment and terms and conditions of employment, including dismissal, compulsory retirement, suspension or transfer.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the Government's statement that there has been no change in the application of the Convention, but that the Committee's previous comments will be taken into consideration in the discussion of the draft of the Industrial Relations Act which has already been submitted to the Labour Advisory Board for review and comments.

The Committee notes that the International Labour Office has sent a technical memorandum to the Government on the review of Swazi labour legislation, and asks the Government to inform it of any amendments to the legislation.

It also asks the Government for specific replies on the following points:

(ii) The Committee again requests the Government to provide information on the measures taken or under consideration to encourage girls and women to pass the "0" level examination which is a requisite for application for student grants and training courses for employment in the public services. The Committee hopes that the report outlining pre-service training for public sector employment, which is in the process of being prepared, will be available in the near future and that the Government will also supply details or the numbers of men and women accepted for these courses.

(iii) With regard to application of the Convention in the private sector and the procedure whereby collective agreements are monitored prior to registration by the Industrial Court, the Committee recalls that sections 29 and 35 of the Employment Act of 1980 prohibit discrimination in and termination of any contract of service, apprenticeship or traineeship. It would be grateful if the Government would provide information on the practical measures and programmes adopted or contemplated in the context of the Bill which is currently being discussed to eliminate discrimination and promote equality of opportunity and employment for particular groups of the population (such as women and ethnic groups) in all areas of the private sector, including those not covered by collective agreements.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. In its previous comments, the Committee sought information concerning progress in promoting equality of opportunity and treatment between men and women in respect of vocational training and access to and conditions of service in employment in all sectors of activity.

(i) The Committee notes from the Government's report that while about 150 women, as compared to 450 men, have been admitted to vocational training courses, it is expected that the intake of women will double in coming years, once adequate facilities have been provided. The Committee would be grateful if the Government would indicate the particular courses for which women have been accepted or are being encouraged to undertake and provide details on the measures being taken by the responsible authority to increase women's participation in training courses under its direction. The Committee would also request the Government to continue to provide information on any progress in this area.

(ii) The Committee further notes that in order to qualify for student grants and training courses for employment in the public services, a candidate must have passed the "O" level examination. The Committee requests the Government to provide information on the measures taken or contemplated to encourage girls and women to attain this educational qualification. The Committee hopes that the report outlining pre-service training for public sector employment, which is in the course of preparation, will be available in the near future and that the Government will also supply details concerning the numbers of men and women accepted for these courses.

(iii) As concerns the application of the Convention in the private sector, the Committee notes the Government's reference to the procedure whereby collective agreements are monitored prior to registration by the Industrial Court. Recalling that sections 29 and 35 of the Employment Act, 1980 prohibit discrimination in and termination of any contract of service, apprenticeship or traineeship, the Committee would be grateful if the Government would provide information on the practical measures and programmes adopted or contemplated to eliminate discrimination and promote equality of opportunity and employment for particular groups of the population (such as women and ethnic groups) in all areas of the private sector, including those not covered by collective agreements.

(iv) The Committee notes that consideration is still being given to the means of involving employers' and workers' organisations in efforts to promote equality. It hopes that the Government will soon be able to indicate that a tripartite programme of action has been determined and implemented.

2. Referring to its previous comments which sought information concerning the protection afforded to officials excluded from the scope of the 1980 Employment Act and the practical application of provisions governing disciplinary measures against public officers, the Committee notes that ILO assistance has been sought to prepare and/or amend legislation with a view to ensuring, among other objectives, that the provisions of national laws are in harmony with the requirements of international labour standards in force for Swaziland. The Committee hopes that any legislation enacted pursuant to the assistance now being provided will ensure adequate protection against discrimination in accordance with the Convention. In particular, the Committee hopes that the Government will give consideration to affording such protection against discrimination to all employees in the civil service as concerns access to employment, and to vocational training and in all terms and conditions of service. As concerns disciplinary action against public officials, the Committee would emphasise the necessity of ensuring not only that those employees be protected against discrimination in regard to dismissal, compulsory retirement (for reasons of public interest or otherwise) suspension or transfer but also that persons affected by such action have the right of appeal to a body separate from administrative or governmental authority which offers a guarantee of objectivity and independence. (The Committee has noted in this connection that the Civil Service Board both dismisses civil servants - after a recommendation from the appropriate ministry - and hears appeals against dismissal.) In particular, reference should be made concerning this matter to paragraphs 134 to 138 of the Committee's 1988 General Survey on Equality in Employment and Occupation, which point to the strict limitations to be placed on the application of Article 4 of the Convention, which exempts from the protection of the Convention, measures affecting an individual who is justifiably suspected of, or engaged in, activities prejudicial to the security of the State.

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

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.