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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Eswatini (Ratification: 2002)

Articles 3(a), 5 and 7(1) of the Convention. Sale and trafficking of children, monitoring mechanisms and penalties. The Committee takes note of the Government’s information, in its report, regarding cases of child trafficking, including the penalties of imprisonment imposed on perpetrators (ranging from 5 to 18 years of imprisonment) and the status of certain pending cases. The Government indicates that no new reported cases of sale and trafficking of children have been identified during the reporting period.

The Government indicates that the Inter-Agency Task Force for the Prevention of People Trafficking and People Smuggling, established by virtue of section 6 of the People Trafficking and People Smuggling (Prohibition) Act No. 7 of 2009, continues to execute its statutory mandate (section 7), in line also with the provisions of Legal Notice No. 90 of 2024 which appoints the members of the Task Force and reaffirms its objective and functions. The Government states that, as a result, the non-discovery of any cases of sale and trafficking of children should not be understood to signify that there are gaps in the effective functioning of the Task Force. In this regard, the Committee notes, from the Government’s report under the Forced Labour Convention, No. 29 (1930), that the Secretariat of the Task Force has engaged stakeholders to seek improvements in investigations and prosecutions, for instance through trainings given to the police and prosecution services. The Committee requests the Government to continue taking measures to strengthen the capacity of law enforcement bodies, including the police and prosecutors, to ensure the identification of cases of child trafficking, and to provide information on the results achieved in this regard. It requests the Government to continue to provide concrete information on the number of cases of trafficking of children under the age of 18 years that have been identified.It further requests the Government to continue to provide information on the application in practice of the People Trafficking and Smuggling (Prohibition) Act, including the number of investigations, prosecutions, convictions and penalties imposed for the sale and trafficking of children under 18 years of age.

Article 6 and application of the Convention in practice. Programmes of action. The Committee previously noted the Government’s indication that it would provide information on the impact of the Action Programme on Combating Child Labour in Eswatini (APCCL) 2021–26, on reducing the incidence of the worst forms of child labour. In this regard, the Committee had previously taken note, from the document of the APPCL, that many children engaged in child labour carried out work that is hazardous and falls under the category of worst forms of child labour, including in livestock herding, street work and factory work under hazardous conditions. 

The Committee notes the Government’s information that, despite the adoption of Legal Notice No. 312 of 2022, which appoints the members of the Child Labour Task Force and establishes its overall objective and functions, minimal results have been achieved due to a lack of capacity. The Committee further notes, from the 2023 Labour Force Survey (LSF), that the incidence of child labour in the country, has risen from 8.2 per cent in 2021 to 35.7 per cent in 2023, though the LSF does not specify the number of these children who are engaged in hazardous types of work. The Committee urges the Government to take the necessary measures to ensure that the APPCL is effectively implemented. It requests the Government to provide information on the progress made in this regard, and on the results achieved in terms of the number of children protected from the worst forms of child labour, in particular hazardous work.The Committee also requests the Government to provide up-to-date information on the nature, extent, and trends of the worst forms of child labour.

The Committee is raising other matters in a request addressed directly to the Government.