Abolition of Forced Labour Convention, 1957 (No. 105) - Eswatini (Ratification: 1979)

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Article 1(a) of the Convention. Sanctions involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that certain provisions of the national legislation provide for penalties of imprisonment, involving compulsory labour (pursuant to section 76 of the Correctional Services Act No. 13, 2017), in circumstances that may fall under the scope of Article 1(a) of the Convention:

• pursuant to sections 3 to 5 of the Sedition and Subversive Activities Act, 1938 (SSA Act), offences related to printing, publication, selling, distribution or possession of “seditious publications” (those which “may excite disaffection against the king” or which “bring into hatred and contempt” the king, his heirs or successors and “promote feelings of ill-will and hostility” between different groups of the population) may incur up to 20 years of imprisonment upon conviction.
• the Public Order Act No. 12, 2017, offences of defacement of national insignia or emblem and offences of incitement of hatred or contempt against cultural and traditional heritage (sections 15(3)(g) and (h)); of sabotage (section 18(1)); and of destruction of statutory documents and national flag or insignia, such as a representation of the king (section 21).
• the Suppression of Terrorism Act, 2008, amended by the Suppression of Terrorism (amendment) Act No. 11, 2017 (STA Act), includes broad definitions of “terrorist act” and “terrorist group” and provides for a substantial number of offences related to terrorism and establishes penalties of imprisonment for up to 25 years (sections 5 to 21 of the Act).

The Committee recalls that the High Court of Swaziland had declared that the above-mentioned provisions of the SSA Act were null and void or invalid, as a result of being inconsistent with articles 23, 24 and 25 of the Constitution which protect freedom of conscience or religion, freedom of expression and freedom of assembly and association. The Committee notes the Government’s information, in its report, that this decision was turned down by a decision of 13 August 2024 of the Supreme Court of Eswatini. The Committee observes in this regard that the Supreme Court has judged, among other things, that section 3(1) of the SSA Act containing the definition of “seditious intention” is to be interpreted as requiring an element of violence and disorder and that sections 3-5 of the Act are not overly broad or vague and thus are valid. The decision also addresses the STA Act and concludes that the definitions of “terrorist act” and “terrorist group” are not overly broad or vague and thus are also valid. The Government states that, in the circumstances and as a result of the reasoning made by the Supreme Court, there is no longer any basis to review any of the above-mentioned provisions.

The Committee notes that, in its 2024 discussion on the application by Eswatini of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Conference Committee on the Application of Standards noted with deep concern the deteriorating state of public order and its negative impact on trade union rights in the country as well as a culture of impunity for the perpetrators of crimes against trade unionists. The Conference Committee urged the Government to repeal any administrative orders or legislative provisions that have the effect of prohibiting or restricting the right to freedom of assembly of trade unions.

Furthermore, the Committee observes that, by resolution on the Situation of Human Rights in the Kingdom of Eswatini of 11 June 2023, the African Commission on Human and Peoples’ Rights (ACHPR) noted the civil unrest that erupted in June 2021 and the disproportionate use of force employed by the Government to quell the protests, as well as the detention of political prisoners including two Members of Parliament, Mduduzi Bacede Mabuza and Mthandeni Dube, and urged the Government to withdraw all politically motivated charges and release these political prisoners. The Committee notes that, in 2024, Mduduzi Bacede Mabuza and Mthandeni Dube were sentenced to 85 years and 58 years, respectively, in July 2024 for various offences, including under the STA Act and SSA Act. The Committee further notes that, in its Press Statement issued at the conclusion of the Promotion Mission of the African Commission on Human and Peoples’ Rights to the Kingdom of Eswatini, conducted from 14 to 20 July 2025, the African Commission expressed concern about the impact of certain provisions of the SSA Act, the STA Act, and the Public Order Act on the enjoyment of the rights to freedom of expression, assembly, and association.

The Committee observes with deepconcern that the laws referred to above have been used to restrict civil liberties that allow individuals to express political views or challenge the established political, economic or social system and, in some cases, to prosecute and sentence political opponents with penalties of imprisonment (involving compulsory labour).

The Committee strongly urges the Government to take the necessary measures to ensure that, both in law and practice, persons who, without recourse to violence, express certain political views or views ideologically opposed to the established political, social or economic system are not subjected to compulsory labour, as a result of a conviction to a penalty of imprisonment. The Committee requests the Government to continue providing information on the application in practice of the above-mentioned provisions of the SSA Act, Public Order Act and STA Act. The Committee also refers to its commentsunder the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(a) of the Convention. Sanctions involving compulsory labour imposed as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. 1. Public Order Act and Sedition and Subversive Activities Act. The Committee notes that several provisions of the national legislation provide for penalties of imprisonment, involving compulsory labour (pursuant to section 76 of the Correctional Services Act No. 13 of 2017), in circumstances that may fall under Article 1(a) of the Convention. It takes note more particularly of:

• –section 5 of the Sedition and Subversive Activities Act of 1938, as amended by Act No. 8 of 1983, on offences related to printing, publication, selling, distribution or possession of “seditious publication”, defined by section 3(1) of the Act as those which “may excite disaffection against the king” or which “bring into hatred and contempt” the king, his heirs or successors and “promote feelings of ill-will and hostility” between different groups of the population;
• –section 15(3)(g) of the Public Order Act, 2017 (Act No. 12 of 2017) on offences of defacement of national insignia or emblem defined in section 2 of the Act, such as the king’s image;
• –section 15(3)(h) of the Public Order Act on offences of incitement of hatred or contempt against “cultural and traditional heritage of the swazi nation”;
• –section 18(1) of the Public Order Act on offence of sabotage, defined as an act with intent to or knowing it to be likely that the act will impair the usefulness or efficiency or prevent or impede the working of any property used or intended to be used, including in the service of the king, the Government or a local authority; and
• –section 21 of the Public Order Act on offence of destruction of statutory documents and national flag or insignia, such as a representation of the king.

The Committee notes that, in a decision handed down on 16 September 2016, the High Court of Swaziland declared that the above-mentioned provisions of the Sedition and Subversive Activities Act were null and void or invalid, as a result of being inconsistent with Articles 23, 24 and 25 of the Constitution which protect freedom of conscience or religion, freedom of expression and freedom of assembly and association (Case No. 2180/2009). The Committee observes that these provisions of the Sedition and Subversive Activities Act do not appear to have been formally repealed or amended. In that regard, it notes that, as recently highlighted in the framework of the Universal Periodic Review (UPR), several United Nations bodies expressed concern about restrictions of the right of peaceful assembly and reports of attacks on journalists, political opponents, human rights defenders and trade unionists. It further notes that, in the framework of the UPR, a number of recommendations formulated by the UN Working Group and noted by Eswatini, referred to the amendment of the Public Order Act and the Sedition and Subversive Activities Act in order to fully protect the rights to freedom of expression and peaceful association and assembly, and allow all people to express their views without fear of reprisals (A/HRC/49/14, 7 January 2022, paragraph 118; A/HRC/49/14/Add.1, 3 March 2022, paragraph 2; A/HRC/WG.6/39/SWZ/2, 23 August 2021, paragraphs 16, 26, 28 and 29; and CCPR/C/SWZ/CO/1, 23 August 2017, paragraphs 44-45).

The Committee observes that the above-referred provisions of the Public Order Act and the Sedition and Subversive Activities Act provide for offences defined in terms broad enough to lend themselves to application as a means of punishment for peacefully expressing political views or views ideologically opposed to the established political social or economic system. In so far as they are enforceable with penal sanctions which involve compulsory labour, as this is the case in Eswatini, they may fall within the scope of the Convention. In that regard, the Committee recalls that under Article 1(a) of the Convention, persons who, without recourse to violence or incitement to violence, hold or express political views or views ideologically opposed to the established political, social or economic system must not be subject to penal sanctions that would require them to work, including compulsory prison labour (2012 General Survey on the fundamental Conventions, paragraph 302). The Committee requests the Government to review the above-mentioned provisions of the Public Order Act and the Sedition and Subversive Activities Act to ensure that, both in law and practice, persons who, without recourse to violence, express certain political views or views ideologically opposed to the established political, social or economic system are not subjected to compulsory labour, as a result of a conviction to a penalty of imprisonment. It requests the Government to provide information on any court rulings handed down on the basis of the above-mentioned provisions, with an indication of the acts giving rise to the convictions and the penalties imposed, in order to assess their scope and the way these legislative provisions are applied in practice.

2. Definition of terrorism. The Committee notes that the Suppression of Terrorism Act, 2008, provides for a substantial number of offences related to terrorism and establishes penalties of imprisonment for up to twenty-five years (sections 5 to 21 of the Act). The Committee notes the adoption of the Suppression of Terrorism (amendment) Act, 2017 (No.11 of 2017) which narrowed the definition of “terrorist act”. It notes however that, as recently highlighted in the framework of the UPR, the Human Rights Committee expressed concern about reports that counter-terrorism laws had been used to counter political opposition and social protests instead of addressing legitimate terrorism threats (A/HRC/WG.6/39/SWZ/2, paragraph 13; and CCPR/C/SWZ/CO/1, paragraph 36). The Committee requests the Government to provide information on the measures taken to ensure that the provisions of the Suppression of Terrorism Act are not used to impose penalties of imprisonment, which involve compulsory prison labour, on persons who peacefully express opposition to the established political, social or economic system. It further requests the Government to indicate how the Suppression of Terrorism Act is applied in practice, including by providing copies of any relevant court decisions defining or illustrating the scope of its provisions.

3. Communication of legislative texts. The Committee requests the Government to provide information on the legislation governing the medias as well as political parties.