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

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

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.