Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Eswatini (Ratification: 1978)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.12 direct request and C.19 direct request.

In order to provide an overview of the issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12 and 19 together.

Convention No. 12. Application of the Convention in practice. The Committee takes note of the information provided by the Government in reply to its previous comments that between 2018 and 2021, the Workmen’s Compensation Unit received 262 work injury cases from the agricultural sector, of which 97 accidents resulted in permanent disability, 14 were fatal cases, 88 cases did not result in any disability and 63 cases were still waiting for the final medical assessment report. The Committee also notes the Government’s information that it is making efforts to strengthen Occupational Health and Safety (OSH) regulation and policy, building on the support of the ILO, which led to the adoption in 2021 of a National OSH Profile that identified several gaps and proposed: (i) the revision of the Occupational Safety and Health Act No. 9 of 2011 and the list of occupational injuries and diseases; (ii) the enactment of specific OSH regulations addressing specific risks and groups of workers; and (iii) capacitation of the labour inspectorate. The Committee also takes due note that the Government availed itself of ILO’s technical assistance to conduct sensitization workshops with tripartite constituents and a gap analysis of the more updated instruments concerning work-related accidents and diseases, particularly Conventions Nos 102 and 121 pursuant to the SRM Tripartite Working Group’s recommendation for ratification of such instruments. In this context, the Committee requests the Government to provide information on: (i) any measures adopted or envisaged to reinforce the resources of the OSH system, in particular of the labour inspection services and ensure their effectiveness; (ii) developments in the review of OSH regulations, such as the Occupational Safety and Health Act No.9 of 2011 and the listthe occupational injuries and diseases; (iii) statistical data concerning work-related accidents and diseases and respective benefits paid in this regard as to agricultural workers.

Convention No. 19. Application of the Convention in practice. The Committee takes note of the information provided by the Government in reply to its previous comments that the Kingdom of Eswatini through the technical and financial support of the ILO has developed a National Social Security Policy (NSSP), approved by Cabinet in November 2021, which establishes the Principle of Non-discrimination and equality of treatment in respect to gender, age, ethnicity, race, origin, or nationality. In addition, the Committee takes note of the information that the NSSP seeks to reform the current Occupational Injury Compensation (workers’ compensation) scheme to ensure less litigation costs and prompt payment, as well as to replace the existing employer-liability system by a social insurance system. In this regard, the Committee takes due note of the information that NSSP addresses the nine minimum Social Security benefits as per Convention No. 102 and that the Government has requested ILO’s technical support towards its ratification.

In this context, the Committee requests the Government to provide information on the tripartite consultations and measures adopted towards the ratification of the more updated instruments in the area of social security, particularly in respect of the Social Security (Minimum Standards) Convention, 1952 (No. 102).

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

Application of the Convention in practice. The Committee notes that, while the national legislation on workers’ compensation equally applies to industrial and agricultural employees as required by the Convention, it observes that, pursuant to a report of the International Trade Union Confederation of October 2016 on “Workers’ rights and land confiscation in Swaziland’s sugar sector”, there are reported cases in which the legislation is not applied in practice, for example, workers not being provided equipment or required to purchase them at their own expense.

In order to enable it to understand better to what extent Convention No. 12 is applied in practice, the Committee asks the Government to review in its next report the procedures by which the industrial accidents are notified and registered by the competent authorities and to provide detailed information and data on:

• - the number of industrial accidents registered in the agricultural sector;
• - the actions taken by the labour inspection services to identify and investigate cases of industrial accidents in agriculture; and
• - the amount of accident compensation benefits paid to agricultural workers.

Conclusions and recommendations of the standards review mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Convention No. 12, to which Swaziland is party is outdated and charging the Office with follow-up work aimed at encouraging States party only to this Convention to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept, inter alia, its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.