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

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

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.

(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 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.

(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.

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.