Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Legislative developments. The Committee notes the Government’s indication that the review of the Employment Bill by the Labour Advisory Board (LAB) is now finalized and that it is currently before the Attorney General’s Office for alignment, and that the LAB has also taken into account the provisions of the HIV and AIDS Recommendation, 2010 (No. 200). Recalling that the process of revising the Employment Act of 1980 has been ongoing for many years, the Committee hopes that the new legislation will contain a prohibition of direct and indirect discrimination based on at least all the grounds set out in the Convention concerning all stages of the employment process (education, vocational guidance and training; access to employment and particular occupations; and terms and conditions of employment), while also ensuring that the additional grounds already enumerated in the Employment Act of 1980 are preserved in the new legislation. The Committee also hopes that the new legislation will explicitly define and prohibit quid pro quo and hostile environment sexual harassment in employment and occupation, in accordance with the Committee’s 2002 general observation. The Committee requests the Government to continue providing information on the process leading to the adoption of the Employment Bill and to provide a copy of the text finally adopted by Parliament.

Article 1 of the Convention. Scope of protection. In its report, the Government reiterates that the Employment Bill, as well as the Industrial Relations Act of 2000 seek to protect all employees, irrespective of whether they are citizens or non-citizens, as indicated in the ruling of the Industrial Court of Swaziland, Case No. 97/2002, Thomas Maphosa USA Distillers v. Kenneth Joseph English and William De Kock (deceased) IC. The Committee notes that statement.

Article 2. Equality of opportunity and treatment between women and men. The Committee recalls the Government’s acknowledgment in its previous report of the need to improve existing policies with regard to the employment rate of women. In this regard, it notes the Government’s indication that information is not available on the measures taken under the Smart Programme on Economic Empowerment and Development (SPEED), the National Development Strategy (NDS, 1997–2022) and the Poverty Reduction Strategy and Action Plan (PRSAP) to promote equality of opportunity between women and men, nor are statistics available on the number of women enrolled in education and vocational training. The Committee also notes the Government’s indication that campaigns are ongoing to address cultural barriers limiting women’s access to high-ranking positions in the public and private sectors, but notes that no specific examples have been provided. Noting that a national gender policy is in the process of being published, the Committee requests the Government to provide more information on its adoption, and on the measures taken or envisaged to implement this policy, in particular with respect to training, economic empowerment and women’s access to high-ranking positions in the public and private sectors. Please provide a copy of the published version of the National Gender Policy. Noting that there is no information available on the measures taken or envisaged to implement programmes formulated by the Government, such as SPEED, 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, nor statistical data, the Committee expresses the firm hope that in its next report the Government will be in a position to provide this information, including the position paper issued by the Swaziland Committee on Gender and Women’s Affairs.

Equality of opportunity and treatment, irrespective of HIV status. The Committee notes the Government’s indication that measures have been taken to address this issue, such as instructing labour inspectors to promote the establishment of workplace-wellness policies with employers in consultation with workers’ representatives. It also notes from the Government’s report that a pilot inspection has been conducted to assess whether employers take the initiative to establish policies and procedures to deal with wellness issues, with the conclusion being that a number of employers do not take such initiatives. Finally, the Committee notes the initiatives already taken by the Government in collaboration with the ILO to implement the HIV and AIDS Recommendation 2010 (No. 200), such national workplace-wellness policies developed at the ministerial level by the Public Sector HIV and AIDS Coordinating Committee (PSHACC). The Committee asks the Government to provide more information on the formal measures taken to mandate labour inspectors to promote the establishment of workplace-wellness policies, as well as information on the follow-up to the pilot inspection. It also asks the Government to provide more information on measures taken in the public sector to address discrimination based on real or perceived HIV status in employment and occupation, including information on the implementation of national workplace-wellness policies at the ministerial level.

Enforcement. The Committee notes the Government’s indication that no reported cases of discrimination have been filed with the labour inspectorate unit of the Ministry of Labour and Social Security. The Committee recalls that, for the purpose of achieving the objectives of the Convention, it is essential to acknowledge that no society is free from discrimination and that continuous action is therefore required to address it, and that the absence of complaints concerning discrimination is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in, or the absence of, practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). In this regard, the Committee asks the Government to provide information on the measures envisaged to ensure effective enforcement of the non-discrimination provisions in the Employment Act, for example by allowing the inspectorate unit of the Ministry of Labour and Social Security to monitor, remedy and sanction instances of discrimination in the workplace, as well as the training of labour inspectors on the application of the principles of equality and non-discrimination at work so that they can carry out their primary functions in this important area.