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

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

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).