Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Eswatini (Ratification: 1978)

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Observation

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Articles 1(1) and 2(1) of the Convention. Legislation concerning compulsory public works or services. The Committee previously noted that the Swazi Administration Order No. 6 of 1998 (which provided for the duty of Swazis to obey orders requiring participation in compulsory works, such as e.g. compulsory cultivation, anti-soil erosion works and the making, maintenance and protection of roads, enforceable with severe penalties for non-compliance), had been declared null and void by the High Court of Swaziland (Case No. 2823/2000). The Committee asked the Government to provide information on the practical consequences of this decision.

The Government indicates in its report that the above Order is null and void, and there have been no reported cases of forced labour. It also states that Swazi citizens and the international community are encouraged to report the incidents of forced labour to the courts.

The Committee notes, however, that in a communication dated 30 August 2011 received from the Swaziland Federation of Trade Unions (SFTU), the SFTU alleges that the High Court’s nullification of the Order has never assisted in any manner in halting forced labour practices, which are rooted in the well established and institutionalized customary law through cultural activities which are largely unregulated. According to the allegations, the customary practice of “Kuhlehla” (rendering services to the local Chief or King) is still practiced and enforced with punitive measures for refusal to attend.

The Committee notes that this communication was sent to the Government, on 26 September 2011, for such comments as it may wish to make on the matters raised therein. The Committee hopes that the Government will supply such comments in its next report, as well as the information on measures taken or envisaged to ensure the observance of the Convention.