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

Forced Labour Convention, 1930 (No. 29) - Eswatini (Ratification: 1978)

Articles 1(1), 2 and 25 of the Convention. 1. Legislative developments. The Committee notes the Government’s information, in its report, regarding the process of promulgation into law of the Employment Bill No. 7 of 2023. The Government indicates that the Bill has not yet been passed into law due to several reasons, including lack of consensus on certain provisions by the social partners. The Committee observes that the Government has also communicated the more recent Employment Bill No. 12 of 2024.

The Committee observes that the provisions of the Employment Bill, 2024, relating to forced labour reprise those of the previous Employment Bill. In particular:

• section 18(d) provides that “communal services of a kind which are to be performed by the member of a community in the direct interest of the community and not being for the purposes of financial gain” do not constitute forced labour. The Committee once again draws the Government’s attention to the fact this section goes beyond Article 2(2)(e) of the Convention, which excludes from the definition of forced labour minor communal services, provided they are “performed by the members of the community in the direct interest of the said community” and “that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services”;
• section 18(e) of the Bill provides that “any work or service which forms part of the normal civic and cultural obligations of the citizens” does not constitute forced labour. In this regard, the Committee recalls that this section goes beyond Article 2(2)(b) of the Convention as the exception of “normal civic obligations” provided for under this provision should be understood in a very restrictive way; and
• section 152(1)(a) of the Bill provides that an employer or any person who exacts or imposes forced labour, or causes or permits forced labour to be exacted or imposed, is liable to a fine or imprisonment for a period not exceeding one year or both. The Committee recalls that, pursuant to Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and that when the envisaged sanction consists of a fine or a short prison sentence, it cannot be considered as an effective penalty of a dissuasive nature in view of the gravity of the offence.

The Committee notes the Government’s indication that section 18 of the Employment Bill, 2024, was intentionally couched in similar terms as section 17(3) of the Constitution and that deleting section 18 from the Employment Bill will create a vacuum in the law. In this regard, the Committee considers that the above-mentioned provisions of the Employment Bill do not need to be deleted but rather amended to ensure compliance with the provisions of the Convention, and that such modifications would not be in contradiction with the provisions of the Constitution. The Committee takes note in this regard of the Government’s stated willingness to avail itself of ILO technical assistance to address the Committee’s observations in relation to paragraphs (d) and (e) of section 18 of the Employment Bill. The Government further states that the Committee’s observations regarding the possible penalties against offenders are noted and that this will be drawn to the attention of Parliament during the legislative process.

The Committee therefore strongly encourages the Government to take into account the above comments and adopt the necessary measures to ensure that the final version of the Employment Bill fully complies with the provisions of the Convention, in particular by amending:

• section 18 (d) and (e) of the Bill in order to limit the scope of the exclusions from the definition of forced labour to: (i) minor communal services, while including a requirement to consult the members of the community or their direct representatives concerning the obligation to perform such minor community services; and (ii) “normal civic obligations” to be understood in a very restrictive way; and
• section 152(1)(a) of the Bill in order to establish sufficiently dissuasive penalties of imprisonment for the exaction of forced labour.

2. Legislation concerning compulsory public works or services. For a number of years, the Committee has been drawing the Government’s attention to the Swazi Administration Order No. 6 of 1998 which provides for the duty of Swazis to obey orders requiring participation in compulsory works (Kuhlehla practice), enforceable with severe penalties for non-compliance. The Government indicates that the practices of cultural events, including Kuhlehla, are carried out at the various Chiefdoms and communities which are widespread over the entire country, and that these activities are relatively informal as they are not documented. These activities are consensually carried out as part of the social solidarity for community development. Their duration varies on the communal need that is sought to be addressed – ranging from a few hours to a day or a couple of days, in which case those specific days are selected by the community members in agreement. The Government reiterates that the country has a dual legal system based on written Roman-Dutch common law and unwritten traditional and customary laws, and that the practice of Kuhlehla forms part of such unwritten customary practice.

While noting the indication that the practice is informal and consensually carried out, the Committee observes that Administration Order No. 6 of 1998 provides for an obligation to carry out compulsory works. The Committee recalls that, in order not to be considered forced labour, as defined under Article 1 of the Convention, customary practices, such as Kuhlehla, need to meet the criteria of the exceptions to forced labour set out in Article 2 of the Convention for “minor communal services”, “civic obligation” or “cases of emergency”. In this regard, the Committee takes note of the Government’s statement that it is willing to avail itself of ILO technical assistance on how to address the language of ensuring the voluntary nature of participating in work carried out under traditional and customary laws.

The Committee therefore strongly encourages the Government to avail itself of ILO technical assistance and take the necessary measures to ensure, both in law and practice, the voluntary nature of participation in work carried out under traditional and customary laws, and more particularly under the customary practice of Kuhlehla.

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