Identifier
Created
Classification
Origin
10MBABANE46
2010-02-03 05:10:00
UNCLASSIFIED
Embassy Mbabane
Cable title:  

SWAZILAND: INFORMATION ON CHILD LABOR AND FORCED LABOR IN

Tags:  ELAB EIND ETRD KTIP PHUM SOCI USAID WZ 
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ZNR UUUUU ZZH
R 030510Z FEB 10
FM AMEMBASSY MBABANE
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INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
UNCLAS SECTION 01 OF 05 MBABANE 000046 

SIPDIS

DRL/ILCSR (SMORGAN),G/TIP (LCDEBACA, AF/S (MHARRIS)
DOL/ILAB (LSTROTKAMP, RRIGBY, TMCCARTER)

E.O. 12958
TAGS: ELAB EIND ETRD KTIP PHUM SOCI USAID WZ
SUBJECT: SWAZILAND: INFORMATION ON CHILD LABOR AND FORCED LABOR IN
2009

REF: State 131997

UNCLAS SECTION 01 OF 05 MBABANE 000046

SIPDIS

DRL/ILCSR (SMORGAN),G/TIP (LCDEBACA, AF/S (MHARRIS)
DOL/ILAB (LSTROTKAMP, RRIGBY, TMCCARTER)

E.O. 12958
TAGS: ELAB EIND ETRD KTIP PHUM SOCI USAID WZ
SUBJECT: SWAZILAND: INFORMATION ON CHILD LABOR AND FORCED LABOR IN
2009

REF: State 131997


1. Per reftel request, Post submits responses regarding the use of
forced labor and/or exploitive child labor in the production of
goods in Swaziland, and government actions to address these issues.


2. In preparing our response, Post conducted interviews and
discussions with Labor Commissioner Erickson Dlamini, ILO Project
Director for Swaziland (HIV/AIDS) Khombisile Nkonde, Save the
Children Manager Mandla Mazibuko, Swaziland Action Group Against
Abuse (SWAGAA) Director Cebile Manzini Henwood, Labor Consultant and
former Swaziland Federation of Trade Unions President Jan Sithole,
and Swaziland Federation of Labor (SFL) President Vincent Ncongwane.
In addition, Post has used the 2008 Program Toward the Elimination
of the Worst Forms of Child Labor's (TECL) National Action Plan
Towards the Elimination of Child Labor in Swaziland (APEC),which
outlines previous studies of child labor, active laws and
international accords, and sets forth government and
non-governmental (NGO) programs to fight problems associated with
child labor.

Task 1: Forced Labor and/or Exploitative Child Labor
-------------- --------------

3. The Government of the Kingdom of Swaziland (GKOS) prohibits a
child, defined as a person under 15 years old, from engaging in any
industrial work. A young person, defined as a person over 15 but
less than 18, can work, but must receive approval from the Minister
of Labor to engage in certain types of industrial work.


4. Although definitive recent studies are not available, Post
contacts consistently indicated that forced labor and/or exploitive
child labor are not prevalent or significant in the production of
goods in Swaziland. Labor inspections, which include child labor
issues, though not comprehensive, did not reveal forced labor or
exploitive child labor during the year.

Task 2: Worst Forms of Child Labor
--------------

5. 2A) Although child labor in domestic service, street vending,

and cattle herding is widespread, exploitative labor as defined in
reftel is uncommon. The government's National Action Plan Towards
the Elimination of Child Labor in Swaziland reported that commercial
sexual exploitation of children, children used by adults to commit
crime, child trafficking, and cases of very hazardous work are found
in the country, although the numbers are relatively low, especially
compared to other developing countries. The studies that formed the
basis for the document are more than four years old, and no current
review exists. Government did not collect or publish data on
exploitative child labor in 2009.


7. 2B) Laws and Regulations: In 2009, GKOS passed the People
Trafficking and People Smuggling (Prohibition) Act. This law
provides a significant improvement in the legal environment
surrounding child trafficking and prostitution and sets up stiff
penalties for violators. In addition, the law provides for a Task
Force, already in existence, to set up a national strategy to combat
trafficking. The law was signed into law in December 2009, and Post
will closely monitor whether its initiatives to promote prevention,
prosecution, and protection are implemented in 2010.

8. Regarding the adequacy of laws and regulations to protect
against exploitive child labor, Post concurs with the APEC findings
that there are weaknesses and absences in existing laws regarding
the child. Definitions of child, right to marriage, sexual
exploitation, and child protection lack clarity; some of these would
be addressed in the Sexual Offenses and Domestic Violence bill
currently in parliament. Swazi law and custom, which prevails over
much of rural life, often conflicts with common law in areas
pertaining to child labor.

9. 2C),Section I: Hazardous Child Labor. Per instructions,
answers are keyed to questions numbered 1-14 in reftel.
-1. The Ministry of Labor, Department of Social Welfare under the
Deputy Prime Minister's Office, and police services are responsible
for enforcement of laws relating to hazardous child labor.
-2. There are no effective mechanisms for exchanging information;
implementation of the APEC would enhance interactions on hazardous
child labor.
-3. Complaints regarding hazardous child labor can be made to each
of the aforementioned entities; no records regarding such complaints
were available, and Post does not believe such records are kept.
-4. Funding and resources for inspections has been inadequate, and
the Ministry of Labor does not have inspectors specifically to
investigate child labor violations.
-5. See response 4.
-6. According to the Principal Secretary of the Ministry of Labor,
no specific child labor inspections were conducted in 2009. He
indicated that child labor issues are included on the routine labor
inspection questionnaire, and that labor inspectors sometimes
receive complaints, prompting a review. If child labor violations
are discovered, inspectors generally would issue a letter to the

MBABANE 00000046 002 OF 005


owner of the farm or business instructing them to cease and desist.
The Labor PS was not aware of how common such letters might be.
-7. No statistics were available on the number of children removed
from hazardous work environments, although the number is likely low.
Children rescued under the USDOL Reducing Exploitive Child Labor in
Southern Africa through Education program (RECLISA),designed to
prevent and withdraw children from the worst forms of child labor,
are now fully sponsored by the government of Swaziland.

-8. Post contacts were unaware of any child labor cases opened in

2009.

-9. Post contacts were unaware of any child labor cases closed in

2009.

-10. Post contacts were unaware of violations found or hazardous
child labor convictions in 2009.

-11. There were no data available in 2009 on the length of child
labor cases.

-12. Not applicable.

-13. Efforts to focus on exploitive child labor have been stalled
along with developments on approving the APEC.

-14. Post contacts were unaware of training for inspectors
specifically on hazardous child labor in 2009.


10. 2C),Section II: Forced Child Labor. Per instructions,
questions are keyed to questions numbered 1-14 in reftel.
-1. The Ministry of Labor, Department of Social Welfare under the
Deputy Prime Minister's Office, and police services are responsible
for enforcement of laws relating to forced child labor.
-2. There are no effective mechanisms for exchanging information on
forced child labor; implementation of APEC would assist in this
regard.
-3. Complaints regarding forced child labor can be made to each of
the aforementioned entities; no records regarding such complaints
were available, and Post does not believe such records are kept.
-4. Funding and resources for inspections has been inadequate, and
the Ministry of Labor does not have inspectors assigned specifically
to investigate child labor violations.
-5. See response 4.
-6. According to the Principal Secretary of the Ministry of Labor,
no specific child labor inspections were conducted in 2009. He
indicated that child labor issues are included on the routine labor
inspection questionnaire, and that labor inspectors sometimes
receive complaints, prompting a review. If child labor violations
are discovered, inspectors generally would issue a letter to the
owner of the farm or business instructing them to cease and desist.
The Labor PS was not aware of how common such letters might be.
-7. No statistics were available on the number of children removed
from forced work environments, although the number is likely low.
Children rescued under the USDOL Reducing Exploitive Child Labor in
Southern Africa through Education program (RECLISA),designed to
prevent and withdraw children from the worst forms of child labor,
are now fully sponsored by the government of Swaziland.

-8. Post contacts were unaware of any child labor cases opened in

2009.

-9. Post contacts were unaware of any child labor cases closed in

2009.

-10. Post contacts were unaware of violations found or forced child
labor convictions in 2009.

-11. There was no data available in 2009 on the length of child
labor cases.

-12. Not applicable.

-13. Efforts to focus on exploitive child labor have been stalled
along with developments on approving the APEC.

-14. Post contacts were unaware of specific training on forced
child labor for inspectors in 2009.


11. 2D, Section I: Child trafficking. Per instructions, answers are
keyed to questions 1-13 in reftel.

-1. Swaziland did not have agencies or personnel dedicated to the
enforcement of child trafficking. Legislation pertaining to child
trafficking was enacted nto law in December 2009.

-2. No information o funding provided to agencies responsible for
investigating child trafficking was available.


MBABANE 00000046 003 OF 005


-3. The Secretariat for the Anti-Human Trafficking Task Force
informed Post that GKOS is in the process of setting up a child
trafficking hotline, likely housed within the police domestic
violence unit, but no such hotline was operational in 2009.

-4. In response to the greater attention child trafficking received
in 2009, largely as a result of the threat of U.S. sanctions, police
have begun treating missing children's cases as potential
trafficking cases. No statistics regarding specific cases were
available.

-5. Post is unaware of any resolutions of child trafficking cases
in 2009.

-6. No known arrests for trafficking were made in 2009.
Legislation specifically outlawing the practice was passed in
December 2009.

-7. Post's contacts were unaware of numbers of cases closed or
resolved.

-8. Post's contacts were unaware of any convictions.

-9. Not applicable.

-10. Not applicable.

-11. Not applicable.

-12. Post's contacts were unaware of any training offered on child
trafficking in 2009. There were, however, public hearings held by
the GKOS Anti-Trafficking Task Force in all areas of the country
prior to the passage of the new legislation, which along with
extensive media coverage has introduced the concept to a wide range
of government, business and civil society members.

-13. Swaziland did not experience armed conflict during the
reporting period or in the recent past using child soldiers.


12. 2D, Section II: Commercial Sexual Exploitation of Children. Per
instructions, answers are keyed to questions 1-13 in reftel.

-1. Swaziland did not have agencies or personnel dedicated to the
enforcement of CSEC. Legislation including CSEC came into power in
December 2009.

-2. No information on funding provided to agencies responsible for
investigating SCEC was available.

-3. The Secretariat for the Anti-Trafficking Task Force informed
Post that GKOS is in the process of setting up a child trafficking
hotline, likely housed within the domestic violence police unit, but
no such hotline was operational in 2009. Such a unit would likely
include CSEC issues.

-4. No statistics regarding specific cases were available.

-5. Post is unaware of any resolutions of CSEC in 2009.

-6. No arrests were made in 2009. Legislation including CSEC was
passed in December 2009.

-7. Post's contacts were unaware of numbers of cases closed or
resolved.

-8. Post's contacts were unaware of any convictions.

-9. Not applicable.

-10. Not applicable.

-11. Not applicable.

-12. Post's contacts were unaware of any training offered on CSEC
in 2009.

-13. Swaziland did not experience armed conflict during the
reporting period or in the recent past using child soldiers.


13. 2D, Section III: Use of Children in Illicit Activities. Per
instructions, answers are keyed to questions 1-13 in reftel.

-1. Swaziland did not have agencies or personnel dedicated to the
enforcement of CSEC.

-2. No information on funding provided to agencies responsible for
investigating children used in illicit activities was available.

-3. No hotline for children used in illicit activities exists in

MBABANE 00000046 004 OF 005


Swaziland, although the proposed anti-trafficking hotline likely
would cover such issues.

-4. No statistics regarding specific cases were available.

-5. Post is unaware of any resolutions of cases in 2009.

-6. Post is unaware of arrests made in 2009.

-7. Post's contacts were unaware of numbers of cases closed or
resolved.

-8. Post's contacts were unaware of any convictions.

-9. Not applicable.

-10. Not applicable.

-11. Not applicable.

-12. Post's contacts were unaware of any training offered in 2009.

-13. Swaziland did not experience armed conflict during the
reporting period or in the recent past using child soldiers.


14. 2E) Government Policies on Child Labor. Answers are keyed to
questions in reftel.

-1. Government does have a plan that specifically addresses
exploitive child labor, but the GKOS did not appear to implement the
plan vigorously during 2009.

The Labor Department's Program Advisory Committee on Child Labor has
been developing a policy to address child labor and the worst forms
of child labor. The committee was created as part of two programs
funded by the U.S. Department of Labor, (1) the International Labor
Organization's International Program on the Elimination of Child
Labor: the Time-Bound Program to Eliminate the Worst Forms of Child
Labor (TECL),and (2) the Southern Africa regional child labor
project Reducing Exploitive Child Labor through Education in
Southern Africa (RECLISA). Both programs include awareness raising
and training activities. Meetings were held in various
constituencies countrywide, with the community leaders, including
chiefs, sensitizing communities about worst forms of child labor.
Both programs ended in June 2008.

-2. Post's contacts were not aware of actions taken in 2009
addressing exploitive child labor within poverty reduction,
development, education, or other social policies.

-3. Not applicable.

-4. No significant developments on the APEC plans to combat child
labor occurred in 2009.

-5. Through previous education campaigns and attention given to
child trafficking in 2009, awareness of the vulnerability of
children, including exploitive child labor, grew throughout the
year. No specific activities focused on exploitive child labor were
known to our contacts.

-6. Post's contacts were not aware of active commissions or task
forces on exploitive child labor, outside of the formation of an
effective task force on human trafficking, which has focused
government and public attention on the matter.

-7. Post's government and NGO contacts were not aware of any
bilateral, regional, or international agreements to combat
trafficking made or signed during the year.


15. 2F) Social Programs to Eliminate or Prevent Child Labor:
Answers are keyed to questions in reftel.

-1. Regarding social programs to eliminate or prevent child labor,
the RECLISA program was designed to prevent and withdraw children
from the worst forms of child labor. All children that were
previously funded by the USDOL are now fully sponsored by the
government of Swaziland.

-2. In 2009, Save the Children continued with their community
outreach programs, creating community advisory groups focused on
child labor issues.

-3. Post is unaware of government funding of development and
educational programs on child labor during 2009, outside of payments
under the RECLISA program.

-4. Post's contacts were unaware of other government non-monetary
support to child labor programs.

MBABANE 00000046 005 OF 005



-5. During 2009 a great deal of government activity focused on
human trafficking, in particular trafficking involving children.
Government is providing for hotlines and will be implementing the
2009 law, passed in December, during 2010.

-6. Not applicable.


16. 2G) CONTINUAL PROGRESS: During 2009 government made a great deal
of progress on efforts to combat human trafficking, although much
work needs to be done to implement laws and policies enacted. Press
reports on the issue reflect a changed environment and understanding
of the issue, and the push to pass legislation has also given the
Sexual Offenses and Domestic Violence bill new life. Government
made little progress, however, on specific plans to combat child
labor such as the APEC. Although exploitive child labor is not as
high as in some other developing countries, child labor was not a
focus of labor inspections, and this is reflected in the lack of
prosecutions and convictions.

IRVING