Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (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.