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

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

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.