Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Eswatini (Ratificación : 2002)

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Observación

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Article 3 of the Convention. Worst forms of child labour. The Committee previously noted that section 10(1) of the draft Employment Bill prohibits the worst forms of child labour as laid down under Article 3 of the Convention. The Committee notes that section 149(1) of the draft Employment Bill provides for penalties for the contravention of the provisions under section 10(1). The Committee notes the Government’s indication in its report under the Minimum Age Convention, 1973 (No. 138), that the draft Employment Bill which was tabled in the Parliament was withdrawn as the social partners felt it necessary to incorporate further issues that were left out. The Committee requests the Government to take the necessary measures to ensure that the draft Employment Bill will be adopted in the near future. It requests the Government to supply a copy thereof along with its next report, once it has been adopted.

Clause (a). Sale and trafficking of children. The Committee previously noted with interest the Government’s statement that a draft bill entitled “People Trafficking and Smuggling (Prohibition) Bill No. 11 of 2009” which sought to provide for the offences of human trafficking, including the prohibition on trafficking of children under 18 years for sexual and labour exploitation had been prepared. The Committee notes the Government’s indication that the People Trafficking and Smuggling (Prohibition) Act No. 11 of 2010 which was adopted and came into force on 1 March 2010, is attached to the Government’s report. Noting that this Act is not attached to the Government’s report, the Committee requests the Government to supply a copy of the People Trafficking and Smuggling (Prohibition) Act No. 11 of 2010 along with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted the Government’s indication that a new Sexual Offences and Domestic Violence Bill which deals with the issues related to child prostitution and child pornography was under preparation. The Committee notes the Government’s information that the Sexual Offences and Domestic Violence Bill has been tabled in Parliament. The Committee expresses the firm hope that the Sexual Offences and Domestic Violence Bill will be adopted in the near future. It requests the Government to supply a copy thereof once it has been adopted.

Article 4(1). Determination of hazardous types of work. The Committee previously noted that according to section 10(2) of the draft Employment Bill, the Minister may, after consultation with the Labour Advisory Board and by notice in the Gazette, specify particular types of hazardous work prohibited to children and young persons. The Committee notes the Government’s indication that the necessary measures will be taken as envisaged by section 10(2) of the draft Employment Bill. The Committee, therefore, requests the Government to take the necessary measures, without delay, to determine the types of hazardous work prohibited to children under 18 years of age pursuant to section 10(2) of the draft Employment Bill. It requests the Government to provide information on any developments made in this regard.

Article 5. Monitoring mechanisms. Task force on Prevention of People Trafficking and People Smuggling. The Committee notes the Government’s information that a Task Force on Prevention of People Trafficking and People Smuggling (Task Force) was formed in March 2010. The mandate of this Task Force is to prevent trafficking in persons through public awareness, protection of victims of trafficking as well as research on trafficking patterns in Southern Africa. The Committee notes the Government’s indication that 25 cases of human trafficking have been identified by the Task Force and subsequently reported to the police. These cases are currently being investigated. The Committee requests the Government to continue providing information on the measures taken by the Task Force to prevent trafficking in persons, especially children under the age of 18 years, as well as the number of cases of trafficking of children under the age of 18 years that have been identified by the Task Force.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan on the Elimination of the Worst Forms of Child Labour. The Committee previously noted the Government’s indication that a National Action Plan on the Elimination of the Worst Forms of Child Labour has been finalised. The Committee notes the Government’s information that this National Action Plan has been submitted to the Labour Advisory Board for consideration and thereafter will be submitted to the Cabinet for adoption. The Committee expresses the firm hope that the National Action Plan on the Elimination of the Worst Forms of Child Labour will be adopted soon and requests the Government to provide information on progress made in this regard in its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that since 2009, the Government has been able to provide the Free Education Programme (FEP) from grades 1 to 4 and that it is expected to extend the FEP to an additional grade every year so that by 2015 all grades are covered and thereby would be able to realize universal access. It notes the Government’s statement that the FEP has increased the net enrolment rates at the primary level to 91 per cent in 2010. It also notes the Government’s indication that the Free Primary Education Act was enacted in 2010 which compel parents to send their children to school or face prosecution. The Committee further notes the Government’s information that it has adopted programmes aimed at improving access to secondary education such as the introduction of a book rental scheme, the building of new schools and classrooms as well as the implementation of a feeding scheme. The Committee notes that according to the National Report of Swaziland to the United Nations Human Rights Council of 19 July 2011, (A/HRC/WG.6/12/SWZ/1, paragraph 38), (Report to the United Nations Human Rights Council), the gross enrolment rate at the lower secondary level has increased from 75 per cent (78 per cent male and 72 per cent female) in 2009 to 78 per cent (81 per cent male and 75.5 per cent female) in 2010. At the senior secondary level, the gross enrolment rate has increased from 34 per cent in 2009 to 57 per cent in 2010. The Committee notes, however, that according to the World Data on Education-Swaziland, 7th edition, 2010–11 compiled and published by UNESCO, of those who enter the education system, only about half of them complete the primary education, and many take as long as 10 years to do so, due to high repetition rates. Both the repetition and drop-out rates are particularly high in the first four grades, and by fourth grade, nearly 20 per cent of grade 1 pupils have dropped out. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to improve the functioning of the education system. In this regard, the Committee requests the Government to take the necessary measures to improve access to free basic education to children at the primary level, and decrease the drop-out rates. It requests the Government to continue providing information on the measures taken in this regard and to provide updated statistical information on the school enrolment and attendance rates as well as drop-out rates in its next report.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that according to a report entitled “2011 Trafficking in Persons Report-Swaziland” (Trafficking report) available on the website of the United Nations High Commissioner for Refugees, the Government assisted multi-purpose shelters run by NGOs by providing professional services, including health care and counselling services to victims of trafficking. It also notes from the Trafficking report that the Task Force established and trained emergency response teams in Swaziland’s four regions, and organized three workshops for the emergency response teams focussing on identifying and working with victims of trafficking, investigating and prosecuting trafficking cases and trial preparation. The Committee requests the Government to provide information on the number of cases of trafficking of children that have been dealt with by the emergency response teams. It also requests the Government to provide information on the number of child victims of trafficking who have been provided with assistance in the shelters run by the NGOs.

Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS. Following its previous comments, the Committee notes the Government’s information that a number of measures for the protection of the most vulnerable children have been established, such as the Orphaned and Vulnerable Children’s (OVC) Educational Fund which provides for school fees for orphaned and vulnerable children up to secondary level and the Child Support Grants that are allocated to orphans in the country. The Committee notes that according to the Report to the United Nations Human Rights Council, funding for OVCs has increased from 16 million Emalangeni (E) in 2002 to E123 million in 2010. The Report to the United Nations Human Rights Council further indicates that as per the Education Management Information System survey report, in 2009 a total of 85,530 OVCs benefited from the schemes in primary school. The Committee also notes that according to the Swaziland Country Report of March 2010 to the United Nations General Assembly Special Session on AIDS, (UNGASS report), the country has developed a National Plan of Action for OVCs which includes programmes such as establishment of the Neighbourhood Care Points and KaGogo centres which provide basic services such as food, care and health services, educational support, psychosocial support and shelter for OVCs. It further notes that according to the UNGASS report, 90 per cent of orphans were in school. However, the Committee notes that according to the Epidemiological Fact Sheet on HIV and AIDS of 2009-Swaziland (UNAIDS), over 69,000 children under the age of 17 years are orphans due to AIDS. Moreover, as per the UNGASS report, the 2009 HIV Estimates and Projections indicate that the number of orphans and vulnerable children will reach over 102,300 by 2015. While appreciating the measures taken by the Government to protect orphans and other vulnerable children, the Committee express its deep concern at the increasing number of children orphaned in Swaziland as a result of HIV/AIDS. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect such children from the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that there is no information in the Government’s report on the prevalence of the worst forms of child labour in the country. However, the Committee notes from a report of the United Nations Development Programme (UNDP) that Swaziland has adopted a Poverty Reduction Strategy and Action Programme (PRSAP) as a mechanism for attaining the Millennium Development Goals which include among others, eradication of extreme poverty and hunger and achieving universal primary education. The Committee notes, however, that according to a report entitled “2010 Findings on the Worst Forms of Child Labour-Swaziland” available on the website of the United Nations High Commissioner for Refugees, children are employed to pick cotton, harvest sugar cane and are engaged in herding in remote locations and domestic service. Children working in agriculture perform physically arduous tasks and risk occupational injury and disease from exposure to dangerous tools, insecticides and herbicides. This report also indicates that children work as porters, transporting heavy loads in self-made carts, collecting fees and calling out routes while climbing in and out of moving vehicles. It also notes that according to the International Trade Union Confederation (ITUC) Report for the World Trade Organization General Council Review of Trade Policies, in 2009 two brothels in central Swaziland were discovered where underage girls worked just to obtain food. The Committee expresses its deep concern at the situation of children involved in hazardous work in Swaziland and requests the Government to strengthen its efforts to remove and rehabilitate children from the worst forms of child labour. The Committee further requests the Government to take the necessary measures to collect and compile data on children involved in the worst forms of child labour. Accordingly, it requests the Government to provide, in its next report, statistical information on the nature, extent, and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.