Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Legislative developments. The Committee recalls that the Government over a period of ten years has repeatedly indicated that a Bill was being prepared in order to fully reflect the principles set out in the Convention. The Committee notes the Government’s indication in its report that section 16 of the Employment Bill will complement section 29 of the Employment Act of 1980, by providing for additional grounds of discrimination, such as gender, family responsibilities, ethnic origin, pregnancy or intended pregnancy, sexual orientation, political opinion, social origin, health status, real or perceived HIV/AIDS status, age or disability, conscience and belief. The Committee asks the Government to take steps without further delay towards the adoption of the Employment Bill. It trusts that the Government will seize this opportunity to prohibit direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention, concerning all stages of the employment process, while also ensuring that the additional grounds already enumerated in the Employment Act of 1980 are preserved in the new legislation.

The Committee is raising other matters in a request addressed directly to the Government.