Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Legislation concerning compulsory public works or services. In its earlier comments, the Committee observed that the Swazi Administration Order, Act 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, was in serious breach of the Convention. The Committee previously noted that the Swazi Administration Order had been challenged before the High Court of Swaziland which declared the Order null and void, and that the Swaziland Government did not appeal against that judgement.

The Committee notes with interest the text of the above decision of the High Court of Swaziland (Case No. 2823/2000), provided by the Government with its report. It asks the Government to supply information on the practical consequences of this decision.