Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Eswatini (Ratification: 2002)

Article 3 of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted with interest that the People Trafficking and Smuggling (Prohibition) Act No. 11 of 2010 was passed and came into force on 1 March 2010.

The Committee notes the Government’s information in its report that there are no available statistics on the information pertaining to the sale and trafficking of children under 18 years of age. The Committee once again requests the Government to provide information on the application in practice of this Act, particularly by providing statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed, with regard to the sale and trafficking of children under 18 years of age.

Article 5. Monitoring mechanisms. Task Force on Prevention of People Trafficking and People Smuggling. The Committee previously noted the Government’s information that a Task Force on Prevention of People Trafficking and People Smuggling (Task Force) was formed in March 2010, with a mandate to prevent trafficking in persons through public awareness and protection of victims of trafficking, as well as research on trafficking patterns in southern Africa. The Committee also noted the Government’s information that the Office of the Prime Minister established a specific department to deal with issues related to human trafficking and smuggling (secretariat).

The Committee notes the Government’s statement that there is no available information on cases of trafficking of children under the age of 18 years. The Committee once again requests the Government to provide information on the measures taken by the Task Force and its secretariat to prevent trafficking in persons, especially children under the age of 18 years. It also once again requests the Government to provide concrete information on the number of cases of trafficking of children under the age of 18 years that have been identified by the Task Force.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that according to the National Report of Swaziland to the United Nations Human Rights Council of 19 July 2011 (A/HRC/WG.6/12/SWZ/1, paragraph 38), the gross enrolment rate at the lower secondary level increased from 75 per cent in 2009 to 78 per cent in 2010. At the senior secondary level, the gross enrolment rate increased from 34 per cent in 2009 to 57 per cent in 2010. The Committee noted, however, that according to the World Data on Education – Swaziland, seventh edition, 2010–11, compiled and published by the United Nations Educational, Scientific and Cultural Organization (UNESCO), of those who entered the education system, only about half of them completed primary education, and many took as long as ten years to do so, due to high repetition rates. Both the repetition and drop-out rates were particularly high in the first four grades, and by fourth grade, nearly 20 per cent of grade 1 pupils dropped out. The Committee noted the Government’s statement that it was taking the necessary measures to strengthen the education system, improve access to primary education and decrease drop out rates.

The Committee takes due note of the Government’s indication that the Free Primary Education Act of 2013 was promulgated as a measure to ensure that all children have free access to basic education at the primary level. The Government also cancelled the top-up fees which used to be demanded by schools from parents over and above the fees paid by the Government for each pupil. The Annual Education Census shows that in 2013 a total number of 239,019 children were enrolled in primary school, while only 3,705 (1.5 per cent) among them dropped out. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue taking measures to improve the functioning of the education system. It requests the Government to provide updated statistical information on the school enrolment and attendance rates as well as drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted the Government’s indication that the Children Protection and Welfare Act was adopted in 2012, which outlines the measures and steps to be taken to remove children from the worst forms of child labour and to provide for their social reintegration.

The Committee notes the Government’s information that, despite the cases of child abuse discovered under the Act, no cases of the worst forms of child labour have been reported. The Committee once again requests the Government to provide information on the measures taken pursuant to the Children Protection and Welfare Act to remove children from the worst forms of child labour and ensure their rehabilitation and social integration, and on the results obtained.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child orphans of HIV/AIDS. In its previous comments, the Committee noted with deep concern that the number of children under the age of 17 years orphaned due to HIV/AIDS increased from 69,000 in 2009 to 78,000 in 2012, according to the Joint United Nations Programme on HIV and AIDS (UNAIDS) estimates. The Committee also noted that the National Multi-sectoral Strategic Framework 2009–14 was implemented, while challenges remained over the lack of a holistic programme to address the concerns and needs of orphans and vulnerable children (OVCs). In addition, the Committee noted that children at special risk, once identified, were placed in residential childcare facilities, where they received care and assistance.

The Committee notes that the number of children under age of 17 years orphaned due to HIV/AIDS has decreased to 47,000, according to the UNAIDS estimates for 2015. The Committee notes that, according to the 2014 United Nations General Assembly Special Session (UNGASS) country report, 30 per cent of total AIDS expenditure was spent on OVCs. The Committee also notes that the development of the extended National Strategic Framework for HIV and AIDS (eNSF) was adopted on 1 April 2014 and covers the period from 2014 to 2018. The Committee further notes that, according to the National Report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21 of 8 March 2016 (A/HRC/WG.6/25/SWZ/1, paragraph 31), even though secondary school education is still not free, the Government supports vulnerable children by paying their fees through the OVC grant under the Deputy Prime Minister’s portfolio. However, the Committee notes the Government’s statement that there is no available concrete information on the results achieved regarding the prevention of children, particularly OVCs, from becoming engaged in the worst forms of child labour. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue strengthening its efforts to protect such children from the worst forms of child labour. It once again requests the Government to provide concrete information on the results achieved through these efforts, in terms of the number of OVCs who have effectively been prevented from becoming engaged in the worst forms of child labour or removed from these worst forms.