Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Articles 1(1) and 2(1) of the Convention. Legislation concerning compulsory public works or services. In its earlier comments, the Committee referred to 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, for example, compulsory cultivation, anti-soil erosion works and the making, maintenance and protection of roads, enforceable with severe penalties for non-compliance. With reference to the comments it has been making for a number of years concerning the Swazi Administration Act, No. 79 of 1950, which contained similar provisions and which was repealed by the abovementioned Order No. 6 of 1998, the Committee observed that provisions of this kind were in serious breach of the Convention.

The Committee notes with interest the Government’s indication in its report received in January 2007 that the Swazi Administration Order, 1998, was challenged at the High Court of Swaziland (Case No. 2823/2000), which declared the Order null and void, and that the Swaziland Government did not appeal against that judgement. The Committee would appreciate it if the Government would communicate a copy of the High Court judgement with its next report.