Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Legislative developments. The Committee notes from the information provided by the Government on the Equal Remuneration Convention, 1951 (No. 100), that the Employment Bill is still under review, and that the HIV and AIDS Recommendation, 2010 (No. 200), and the decent work for domestic workers discussions during the International Labour Conference will be taken into consideration in the context of the review. The Committee hopes that the new legislation will be adopted in the near future and will contain a prohibition of direct and indirect discrimination based on at least all the grounds set out in the Convention and the additional grounds already enumerated in the Employment Act, 1980, concerning all stages of the employment process. The Committee also asks the Government to provide information regarding the possible inclusion of a prohibition of discrimination based on real or perceived HIV and AIDS status, in keeping with Recommendation No. 200. The Committee also asks the Government to take the opportunity of the revision of the Employment Act to include provisions expressly defining and prohibiting quid pro quo and hostile environment sexual harassment in employment and occupation, in accordance with its 2002 general observation. Please provide information on any achievements in this regard.

Article 1 of the Convention. Scope of protection. The Committee notes the Government’s indication that employees whether citizens or non-citizens are protected against any form of discrimination and that they are equally covered by the same labour laws. The Committee also notes the decision of the Industrial Court of Swaziland in Case No. 97/2002, in which the Court relied on the definition of the term “employee” set forth in section 2 of the Employment Act of 1980 and section 2 of the Industrial Relations Act, 2000, for the purpose of determining unfair termination of a non-citizen’s employment contract. The Committee hopes that the new Employment Act will clearly protect all workers, whether citizens or non-citizens, including migrant workers, against discrimination in employment and occupation, and asks the Government to provide information in this regard. The Committee also asks the Government to provide information on measures taken or envisaged, including policies and programmes, to ensure that in practice non-citizens are protected against discrimination in employment and occupation on all the grounds set out in the Convention.

Equality of opportunity and treatment between women and men. The Committee notes the Government’s acknowledgment that there is a need to improve the existing policies with regard to the situation of women. Indeed, the Committee notes from the information contained in the Decent Work Country Programme (DWCP) of 2010–14 the high unemployment amongst women (31.2 per cent) in comparison to men (25.7 per cent), and the fact that only 31.9 per cent of women were employed (43.9 per cent of men), and that 29.6 per cent of women were self-employed compared to 16 per cent of men. In order to address the situation, the Committee also notes from the DWCP that some initiatives have been taken: the Smart Programme on Economic Empowerment and Development (SPEED), which addresses poverty alleviation through employment creation and the achievement of the Millennium Development Goals as some of the key areas of development requiring major attention; the National Development Strategy (NDS, 1997–2022), the aim of which is to emphasize good governance, economic growth and social and human development; and the Poverty Reduction Strategy and Action Plan (PRSAP) undertaken to operationalize the implementation of the NDS with the objective of empowering the poor, youth and women in particular. The Committee further notes from the Government’s report that some measures have been taken to raise awareness of gender equality, including in education and training. The Committee requests the Government to provide information on the following:

• (i) the concrete measures taken or envisaged under the SPEED, the NDS and the PRSAP to promote equality of opportunity between women and men, including improving women’s access to employment and occupation, education, vocational training and occupational guidance;
• (ii) the measures taken or envisaged to address cultural barriers limiting women’s access to certain types of employment;
• (iii) the concrete measures taken to raise awareness of equality of opportunity between women and men;
• (iv) the involvement of the social partners in the implementation of the national employment policies and related programmes of action;
• (v) updated statistics on the number of women enrolled in education and vocational training, including training courses offered by the Swaziland Institute of Management and Public Administration (SIMPA), and programmes at the University of Swaziland; and
• (vi) forward a copy of the position paper issued by the Swaziland Committee on Gender and Women’s Affairs (SCOGWA), once available.

Equality of opportunity and treatment, irrespective of HIV/AIDS status. The Committee notes from the DWCP that the SPEED identifies among the national priorities, the fight against HIV and AIDS; and that the PRSAP contains concrete projects and programmes, which are designed to combat the HIV/AIDS pandemic. The Committee requests the Government to indicate whether the SPEED and the PRSAP include measures aimed at addressing discrimination based on real or perceived HIV/AIDS status in employment and occupation, and to provide information on any other programmes undertaken or envisaged by the Government in this regard. It further requests the Government to provide information on any steps taken or envisaged to raise awareness of employers, workers and their organizations about discriminatory practices relating to HIV and AIDS in the workplace, and to promote the adoption of workplace policies and procedures to prevent and address discrimination based on real or perceived HIV/AIDS status.

Equality of opportunity and treatment of ethnic minorities. The Committee recalls the need to take concrete measures to ensure that all workers, including those belonging to ethnic minorities, are protected against discrimination in employment and occupation. Noting from the Government’s report that reference continues to be made to the equal treatment provision embodied in the Constitution and that no concrete information has been provided regarding the employment situation of ethnic minorities, the Committee recalls that under the Convention the Government has the obligation to declare and pursue a national equality policy in employment and occupation with a view to eliminating any discrimination on the grounds set out in the Convention (Article 2 of the Convention). The Committee further recalls that the national policy must be clearly expressed, programmes must be established to promote the essential conditions for all workers to benefit in practice from equality in employment and occupation, and the policy must be also applied (see Special Survey of 1996 on equality in employment and occupation, paragraph 279). The Committee therefore urges the Government to take the necessary steps to pursue a national equality policy with a view to eliminating discrimination in employment and occupation, including with respect to those belonging to ethnic minorities, and to provide information on any achievements in this regard. The Committee also asks the Government to make every effort to collect and provide specific information on the employment situation of ethnic minorities existing in the country, which is important in identifying possible discrimination in practice and in monitoring the effect of policies and programmes to address such discrimination.

Enforcement. The Committee notes the Government’s indication that the inspectorate unit of the Ministry of Labour and Social Security monitors discrimination cases in all the workplaces that are liable for inspection. The Committee asks the Government to provide information on the activities of the labour inspectorate concerning cases of discrimination, including any sanctions imposed or remedies provided.