Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Eswatini (Ratification: 1981)

Autre commentaire sur C111

Observation

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls the adoption of the Sexual Offenses and Domestic Violence (SODV) Act No. 15 of 2018, which provides for a general definition of sexual harassment and penalties, and the Government’s previous indication that a policy on sexual harassment at the workplace was being developed. It also notes that the Employment Bill - that refers to sexual harassment as being included in “gender-based violence and harassment” - provides that the employer shall ensure a safe workplace with clearly defined policies that prohibit harassment and violence in the workplace, including gender-based violence and harassment.

In light of its previous comments regarding the concerns expressed by the United Nations Human Rights Council (UNHRC) at reports of widespread violence against women and at the fact that relevant officials lack specific training on gender-based violence, the Committee notes the detailed information provided by the Government on gender-based violence (GBV), such as for example: the development of a National Gender Based Violence Information Management System (GBVIMS) and the collection of data through the National Surveillance system on Violence (NSSV) ; the roll out of the One Stop Centres; review of the National Strategy and Action Plan to End Violence; the establishment of coordination structures; and the difficulties due to the COVID-19 pandemic. The Committee further notes the Government’s indication that the 2021 national surveillance report indicates that reported violence incidences are increasing in Eswatini. While welcoming this information, the Committee observes that sexual harassment at work is not only a specific form of harassment but also a serious manifestation of sex discrimination and its elimination in employment and occupation requires specific action from the Government and the employers. In this regard, the Committee refers to paragraphs 111 to 117 of its 2023 General Survey “Achieving Gender Equality at Work” and recalls that “[i]n order to tackle and put an end to all forms of sexual harassment in employment and occupation, clear and comprehensive legal provisions aimed at preventing, prohibiting and addressing sexual harassment need to protect all workers, men and women, and cover harassment perpetrated by a person in a position of authority, a colleague, a subordinate or by a person with whom workers have contact as part of their job (a client, supplier, etc.) […], with respect to all spheres of employment and occupation, including vocational education and training, internships, access to employment and conditions of employment.” The Committee asks the Government to consider the possibility of adopting specific legal measures to prevent, address and eliminate both quid pro quo and hostile environment sexual harassment in employment and occupation and to provide information on any measures adopted in this regard, including any specific policy on sexual harassment adopted by the employer at the workplace. It also asks the Government to provide information on: (i) the development of a national policy on sexual harassment at the workplace; (ii) the application in practice of the SODV Act of 2018 regarding sexual harassment (number and nature of judicial cases, penalties imposed and remedies granted); and (iii) any measures taken to increase public awareness regarding sexual harassment, as well as the procedures and mechanisms available for an aggrieved party to seek redress.

Article 1(1)(b). Discrimination based on additional grounds. Disability. The Committee notes the Government’s reference to the Eswatini - United Nations Partnership on the Rights of Persons with Disabilities Programme (UNPRPD) to operationalize the Persons with Disabilities Act No. 16 of 2018 and conduct advocacy and capacity-building initiatives. It also notes that, in its 2022 initial report to the United Nations Committee on the Rights on Persons with Disabilities (CRPD), the Government indicates that : (1) according to the 2017 Eswatini Population and Housing Census, the proportion of females with disability proportion in Eswatini population stands at 15.5 per cent compared to their male counterparts at 11.2 per cent; (2) the country has made progress in many of its initiatives with regard to equal protection and enjoyment of all rights by persons with disabilities, however, there still exist some weaknesses such as the monitoring of the impact of disability programmes, the low progress on the implementation of the Persons with Disabilities Act, the lack of information management system, the lack of affirmative action measures aimed at preventing multiple intersecting forms of discrimination for women and girls with disabilities and the lack of empowerment and capacity development of women and girls with disabilities; and (3) between 2019 and July 2022, the Commission on Human Rights and Public Administration (CHRPA) received 8 cases pertaining to discrimination (3 cases on access to employment, 1 case on access to public spaces and 4 cases on access to education) (see 2022 initial report to the CRPD, paragraphs 44, 46, 53, 59 and 62). The Committee asks the Government to provide information on: (i) any measures taken to address the weaknesses it has identified with regard to equal protection and employment rights of persons with disabilities and promote vocational training and education and employment; and (ii) the employment rate of workers with disabilities, disaggregated by sex and sector of the economy.

Articles 2 and 3. Equal opportunity and treatment. Public service. The Committee notes that, according to the statistical data of March 2022 transmitted by the Government, there were a total of 24,369 male public servants and 20,240 female public servants. With reference to the concern expressed previously by the UNHRC regarding the lack of representation of women in decision-making positions in the public sector, the Committee requests the Government to provide information on any measures taken to promote gender equality and the recruitment and/or promotion of women at higher level positions. Noting that the report does not contain any information in reply to its previous request, the Committee encourages the Government to take steps to raise awareness of the antidiscrimination provisions of the new Public Service Act No. 5/2018 among employees and their organizations and to promote equal employment opportunities and treatment in the public service regardless of gender, marital status, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion, age, disability or HIV and AIDS status.

Equality of opportunity and treatment between women and men. Private sector. The Committee notes the Government’s indication that: (1) women’s economic empowerment and financial inclusion in Eswatini is key as it is the key pillar of the National Financial Inclusion Strategy; (2) women work mainly in wholesale (46 per cent) and agriculture (21 per cent); and (3) only 27 percent of the women entrepreneurs own high growth micro, small and medium enterprises. It further notes from the latest Labour Force Survey (2016) that the labour force participation rate was 55.9 per cent for men and 47.1 per cent for women, of which 63 per cent work in the informal economy. It further notes the information in the new Decent Work Country Programme for Eswatini (2022–25) that social and structural inequalities, including patriarchal traditions and customs, have constrained women’s access to productive economic resources and other opportunities, including education and employment. The Committee asks the Government to provide information on the measures adopted or envisaged, in cooperation with workers’ and employers’ organizations, to improve equality of opportunity and treatment between men and women in employment and occupation in the formal economy and at all levels, in particular measures: (i) effectively enhancing women’s economic empowerment, through financial support, access to higher education and to productive resources and otherwise; (ii) increasing and diversifying training and employment opportunities for men and women; (iii) addressing and eliminating gender stereotypes. It also asks the Government to: (i) provide information on the implementation of the National Gender Policy 2019-2030 (reviewed) and the National Financial Inclusion Strategy; and (ii) indicate if such results are regularly monitored. The Committee also encourages the Government to take steps to ensure that the information on loans for enterprise creation and development and on the implementation of various incentive to promote women’s employment is disaggregated by sex, with a view to assess the progress made towards gender equality in this regard.

Equality of opportunity and treatment irrespective of HIV status. The Committee notes the Government’s indication regarding : (1) the Employment Bill currently under examination that covers real or perceived HIV/AIDS status as an unlawful discrimination ground; and (2) several initiatives to address HIV/AIDS issues. It also notes that the Government refers in its report to the adoption of the National Wellness Workplace Policy by the tripartite Labour Advisory Board (LAB) on 20 May 2022 that is a framework for systematic coordination of the implementation of strategies encompassing the physical, psychological, environmental, social, intellectual, occupational, spiritual and cultural aspects of all workers. The Committee notes however that the Government’s report does not contain information on measures taken to prevent and address specifically discrimination based on HIV/AIDS status at work. Therefore, referring to its previous comments and trusting the Employment Bill will be soon adopted, the Committee asks the Government to provide information on the practical steps taken, and the results achieved, to prevent and address HIV related stigma and discrimination in employment and occupation, in particular in the framework of the National Multi-Sectoral Strategic Framework for HIV and AIDS (NSF) 2018–23 and the new National Wellness Workplace Policy.

Enforcement. The Committee notes that two cases of unfair discrimination were received by the Conciliation, Mediation and Arbitration Commission (CMAC) in 2019–20 and none in 2020–21. In view of the future legislative developments and to ensure effective access to remedies, the Committee asks the Government to: (i) take appropriate measures to raise awareness among workers, employers and their respective organizations, as well as enforcement officials of the procedures and remedies available in case of discrimination in employment and occupation; and (ii) provide information on any activities undertaken to this end. It further asks the Government to continue to provide information on any cases referred to the Conciliation, Mediation and Arbitration Commission and complaints concerning discrimination, dealt with by labour inspectors, the CMAC, the courts or any other competent authorities, as well as their outcome.