22nd Meeting, 80th Session, Committee on Economic, Social and Cultural Rights (CESCR)
Date: 2 November 2026
Language: English
Transcript: https://transcripts.un.org/en/cescr/22
Transcripts available through this tool are created by using automatic speech recognition and are not official records nor official documents of the United Nations. Official records and official documents are available on the Official Document System of the United Nations.

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CESCR · Chair [19:56]:

Good afternoon. I call to order meeting number 28 of the 80th session of the Committee on Economic, Social and Cultural Rights. It is my great pleasure to welcome the distinguished delegation of Eswatini, and in particular the head of delegation, Her Excellency Mrs. Dorcas Ndlalini, Principal Secretary, Ministry of Justice and Constitutional Affairs, who will deliver the opening statement, and the distinguished members of the delegation of Eswatini. I would also like to welcome all those observing the dialogue in person and on webcast. Before giving the floor to the delegation for the consideration of its initial report, I would like to outline the methodology we will follow for the dialogue today and tomorrow. We have prepared a sheet with the proposed speaking times for the dialogue, which have been explained to you, Your Excellency, which will be conducted during the four clusters that we deal with. Cluster 1 is Articles 1 to 5, cluster 2, Articles 6 to 9, cluster 3, Articles 10 to 12, and cluster 4 would be Articles 13 to 15 of our Covenant. The initial questions will be posed by the country rapporteur and the lead member for the first cluster, Mr. Ashraf Ali Kanhai. Other members may pose follow-up questions thereafter. Then members of the task force, the members of the task force are Mr. Nadir Adilov. Unfortunately, he's not available just now because of some urgent work. Ms. Pei-ji Chen and Mr. Santiago Furio Vazken. The delegation is kindly requested to speak at a reasonable pace and to provide any written material that will be read out by the delegation to the Secretariat. To facilitate this process and to enable us to cover the full range of issues at hand, I would like to invite my colleagues and the distinguished delegation to kindly speak in a concise manner, giving due attention to the time allocations. With this, I have the pleasure to give you the floor, Your Excellency, and to deliver the opening statement, and you have 10 minutes for that. You have the floor, ma'am.


Eswatini · Principal Secretary, Ministry of Justice and Constitutional Affairs; Head of Delegation [22:27]:

Thank you, Madam Chair, distinguished members of the Committee. It is an honor for me, together with the delegation, to appear before this distinguished Committee for our country's first constructive dialogue. under the Covenant since accession in 2004. I convey greetings from the Government and the people of Eswatini. We express our appreciation to the Committee and the Secretariat for the guidance extended to us in preparing this review. Chairperson, on behalf of the Eswatini government allow me to express our regret that the submission of the report was not timely in accordance with Article 16 and 17 of the Covenant. This was due to the absence of a coordinating body for state party reporting, which has since been addressed through the establishment of the National Mechanism for Reporting and Follow-up in 2020. With continuous technical support from the OHCHR regional office in the Southern Africa, the Commonwealth Secretariat, and the UN country team, the NMRF is progressively addressing the reporting backlog. Chairperson, allow me to introduce my delegation. With me is Mr. Sandile Hlatshwoko on my Wright, Chargé d'Affaires, for Right, Deputy Permanent Representative, Permanent Mission of the Kingdom of Eswatini to the United Nation in Geneva. Dr. Velepi J. Okelo, Director of Health Services, Ministry of Health. Mr. Mdeni Vilagati, Assistant Attorney General, Attorney General's Office. Ms. Zandile Dlamini, Legal Advisor, Minister of Foreign Affairs and International Cooperation. Ms. Nomzamo Mdlamini, Gender Coordinator, Deputy Prime Minister's Office. Ms. Nozipho Elma Zibugo, State Reporting Coordinator, Minister of Justice and Constitutional Affairs. Ms. Bongile M. Mkonda, Legal Advisor, Minister of Education and Training. Ms. Nontlengla Bishongwe, Senior Planning Officer, Ministry of Economic Planning and Development. Mr. Mlondis Manze, Senior State Reporting Officer, Ministry of Justice and Constitutional Affairs. Ms. Nolwazi Laminie, First Secretary, Permanent Mission of Eswatini in Geneva. Mr. Sboninkosi Mavuso, Promotional Officer, Ministry of Commerce, Trade and Industry. and Mr. Jacob Lamin, First Secretary, Permanent Mission Office working in Geneva. Chairperson, we welcome the opportunity to share progress made in giving effect to the provisions of the Covenant through legislative, policy, administrative, and other measures, as well as the challenges encountered. Our remarks will complement the measures already in our report and replies to the list of issues. As we commemorate the 60th anniversary of the adoption of the Covenant this year, the Government of the Kingdom of Eswatini reaffirms its commitment to the progressive realization of these rights, leaving no one behind. Chairperson, The 2026-27 financial year, the national budget amounts to 36.92 billion, representing a significant allocation relative to the country's gross domestic product of approximately 122 billion. It reflects our commitment to use the maximum available resources as per Article 2.1. On the economy, growth rose from 3.4% in 2021 to 5.6% in 2025. This growth is translating into better lives. Poverty has declined to 53.4% from 58.9% between 2023-24 and 2016-2017. Unemployment has fallen from 35.4% in 2023 to 33.5% in 2025, according to the Integrated Labor Force Survey. Over the same period, the employment to population ratio rose from 32.8 to 33.5%. Chairperson, Eswatini's government continues to prioritise the right to education. In the financial year 2026/27, education received 6.4 billion eMalangeni, which is 16.7% of the national budget and 6.25% of gross domestic product. In the same year, an allocation of 194.5 million eMalangeni for the orphans and vulnerable children under the Deputy Prime Minister's Office, and a budget of 702.3 million Malagasy for scholarships under the Ministry of Labor and Social Security was provided. This investment is yielding results. In 2025, primary net enrollment reached 95.3%, and the primary completion rate rose 217.4%, up from 108% in 2023-24 due to over age learners. Secondary net enrollment stood at 55.7% for lower secondary and 35.1% for senior secondary, while secondary completion rates reached 64.9% and 65.3% respectively. Eswatini is also improving the quality of learning. Competency-based education is being rolled out, with 340 grade zero classroom already receiving it. 243 teachers have have been converted from temporary to permanent employment. Four new secondary schools, one in each region, are under construction with a grant of 85 million Malagasy from development partners. Chairperson, in the 2026-27 budget, the Minister of Health received 3.24 billion Malagasy. 3.24 billion, 8.8% of the national budget and 3.16% of GDP. Health interventions are guided by the constitution, the Health Act, the National Health Sector Strategic Plan of 2024 to 2028. aligned with the sustainable development goals and the national pursuit of universal health coverage to ensure Eswatini have access to equitable, affordable, and quality healthcare. Eswatini response to HIV is leading the African continent. Eswatini is among the first countries globally to introduce the injectable LAM as per our national HIV prevention protocol. Non-communicable diseases and mental health conditions do pose a growing burden on our health system. In response, the Minister of Health, supported by development partners, has strengthened integrated chronic care through primary healthcare platforms, expanded specialized services, and adopted innovative diagnostic technologies to improve early detection and management. Cervical cancer screening has been scaled up to 48% facilities nationwide. supported by the human papillomavirus vaccination to girls up to the age of 20. Chairperson, social protection is central to our response to poverty and inequality. In 2026-27, social protection spending across the Deputy Prime Minister's office, health, labor, and education counts for 10% of the national budget. The Deputy Prime Minister's office received 1.2 billion, that is 3.3% of the budget, which is equivalent to 1.17% of GDP. The government, in collaboration with development partners and non-governmental organizations, is implementing the Decent Shelter Program for the most vulnerable groups. The program has been rolled out across 59 constituency and has delivered 1,135 houses since inception in 2023, benefiting women, children, and persons with disabilities. Our food assistance program reached 363,090 in 58,201 households across all constituencies. Chairperson, Eswatini is at an advanced stage of introducing the Unemployment Benefit Fund to protect workers who lose jobs through no fault of their own. In the first quarter of the current financial year, the Labour Inspectorate conducted 788 inspections, representing 31.8% increase from 598 inspections during the same period last year. Follow-up inspections rose from 36 to 184, demonstrating the Government's commitment to strengthening compliance with labour standards and improving the protection of workers. Chairperson, I conclude by reaffirming the Government of Eswatini's commitment to the progressive realization of the rights covered in the Covenant. My delegation will further provide updates on the various thematic issues. I thank you for your attention. Thank you very much.


CESCR · Chair [33:06]:

Thank you, Your Excellency, for your opening remarks. I will now request our country rapporteur and lead for the first part of our discussions today, Mr. Ashraf Ali Khan Hai, to kindly take the floor. I just want to remind everyone about the timings. On your screen, you can see there is a time allocation. which will help you to monitor your time. With that, Mr. Kanhai, you have the floor, sir.


CESCR · Country Rapporteur [33:41]:

Thank you, Chair. I, first of all, join the Chair in extending a very warm welcome to the distinguished delegation, the head of delegation, and the distinguished delegation from Eswatini. I am very grateful for the wealth of information which has already been communicated in your report and the replies to the list of issues, and we note with appreciation all the efforts which have already been made and the measures taken for the implementation of the Covenant rights. I am responsible as rapporteur for cluster 1, and as such, i shall be addressing the issues falling under the general obligations and Articles 1 to 5 of the Covenant. First, with regard to the domestic application of the Covenant, will you please tell us what are the measures which have been taken to incorporate the provisions of the Covenant into the domestic legal framework of Eswatini, and what has been the progress achieved to ensure the primacy of the Covenant rights over any domestic legislation? And how may the citizens of Eswatini obtain effective judicial remedies for the protection of their covenant rights before the courts? And please provide an update of recent cases in which the citizens of Eswatini have obtained judicial remedial action for the implementation of their covenant rights. And what are the measures in place to raise public awareness and to provide training to public officials judges and prosecutors with regard to the promotion and protection of the rights enshrined in the Covenant? And does Eswatini consider ratifying the Optional Protocol to the Covenant with a view to strengthening human rights protection in Eswatini? If not, please tell us what are the reasons for abstaining from doing so. Concerning the independence of the judiciary, there are various reports which indicate that the executive and some other arms of government exert undue influence and interference which adversely impinge upon the impartiality and independence of the judiciary. So what are the mechanisms in place, including with regard to the method of appointment and security of tenure of judges, to ensure that the judiciary functions in full independence, free from any political influence or any other form of pressure or interference from any other quarters. Eswatini does not have a national human rights institution, which is fully compliant with the Paris Principles. Please provide information as to the steps taken for the setting up of a national human rights institution with all the legal and institutional safeguards which would empower the institution to function in an independent and effective manner in full compliance with the Paris Principles. And what are the concrete measures which have been taken in that connection for the adequate funding and staffing of the commission? And may we also know what is the status of the Commission of Human Rights and Public Administration Bill, which had been introduced in Parliament on the 26th of March, 2026? Sorry. Now, there are various reports of severe reprisals and physical attacks of human rights defenders and activists. The widespread civil protests in 2021 resulted in 46 human deaths and 245 injuries from gunshot wounds. The African Commission on Human and People's Rights noted, in respect of the 2021 civil unrest, the disproportionate use of force employed by the government, including allegations of extrajudicial killings and summary execution of protesters, pro-democracy activists, civil society leaders, and human rights offenders. And the African Commission further expressly condemned the brutal murder of prominent human rights lawyer and political activist, Mr. Tulani Rudolph Masiko, on the 21st of January 2023. Please tell us what has been done in order to stop and prevent human rights defenders, NGOs, and trade unionists from being subjected to any intimidation, harassment, or violence in the exercise of the activities for the protection and implementation of economic, social, and cultural rights. Please also provide detailed information as to the concrete measures taken to put in place an independent and effective law enforcement mechanism for the investigation, prosecution, and sentencing of all those who are responsible for attacking, killing, or harassing human rights defenders. And what has been the outcome of the investigations in respect of the killing and violence of the 2021 civil unrest and the assassination of Mr. Maseko in 2023? Concerning business and human rights, there is at present no legislation which ensures that business entities exercise human rights due diligence in the conduct of their activities. Please tell us what has been done for the adoption of a comprehensive legal framework and a national action plan which would enjoin all business entities to exercise human rights due diligence and to respect human rights norms in the conduct of all their operations and activities. And what is the mechanism in place to afford effective remedial action and compensation to victims of human rights abuses by business entities, in particular for those forming part of the more vulnerable and disadvantaged segments of the population? And what are the measures in place to address the damaging consequences of environmental degradation and health deterioration caused by the activities of both domestic and foreign companies in the course of mining and other large-scale infrastructure projects? Lesotho is particularly vulnerable to the adverse effects of climate change in view of its exposure to extreme weather events, which seriously impact upon food security, rural farming and agriculture, and the living conditions of the more vulnerable groups of the population. Please provide information supported by statistical data on the progress achieved by the implementation of the climate plans and strategies to meet the national determined contributions targets for reducing emissions that Eswatini has set itself under the Paris Agreement on climate change. And what are the steps taken, including with regard to adequate allocation of resources in order to strengthen the preparedness for and response to natural disasters, and also in order to provide for disaster risk reduction and climate change adaptation measures? And please tell us what has been done in particular for the protection of the disadvantaged groups who are more exposed and vulnerable to the slow onset effects of climate change on the environment, agriculture, food security, water and sanitation, health, employment, and natural resources. According to the latest Corruption Perceptions Index from Transparency International, Eswatini ranks 153 out of 182 countries with a score of only 23 points out of 100. Reports indicate that the existing legal and institutional framework have failed to effectively combat corruption, which is particularly pervasive in the public sector and with regard to communal land administration. What are the concrete measures in place to effectively combat corruption in all sectors, and what has been done for that purpose in order, one, to adopt a comprehensive and appropriate anti-corruption legislation, and two, to enable the independent and transparent functioning of anti-corruption enforcement bodies for the prompt and effective investigation and prevention of high-level corruption offenses? And what are the measures taken for the protection of whistleblowers and anti-corruption activists from any form of harassment or intimidation? According to recent Eswatini household survey and World Bank data, 53.5% of the population, that is about 600,000 persons, are living below the national poverty line. The rural poverty rates are significantly higher, being around 70% in outlying areas. Further, Eswatini has a Gini coefficient of approximately 51.5 to 54.6, which makes it one of the countries with the highest income inequality in the world. What are the concrete measures taken for the eradication of poverty, in particular? for families living in extreme poverty and for the more disadvantaged and vulnerable groups, including in particular children, older persons, and persons with disabilities. And please provide information as to the ratio between the total income of the richest 10% of the population and the total income of the poorest 40%. And also, please provide information as to the percentage of the public budget allocated to social spending, including social security, food, water and sanitation, housing, health, and education. And what are the measures taken, legal and institutional, to strengthen the land governance system and in order to promote land use for food security, in particular in rural areas? Please provide information. supported by statistical data, explaining what has been done to increase public expenditure and the proportion of the public budget allocated to social security, poverty alleviation, health, housing, and education. And also, please provide information on the measures taken to rationalize the fiscal policy in respect of both direct and indirect taxations and through the setting up of a progressive tax base, which would enable Eswatini to increase its distributive capacity for securing the economic, social, and cultural rights of the poorer and more vulnerable segments of the population. And what are the concrete measures in place and their impact in order to combat tax evasion and tax avoidance by corporate entities and by the richest percentile of the population. There are reports and continuing allegations of intolerance, hostility, and discriminatory treatment, in particular against LGBTQI+ persons, women, migrants, and religious minorities. Please provide information on the steps taken to establish a comprehensive legal framework for full and comprehensive protection against discrimination on all prohibited grounds of discrimination as listed in the covenant, and which would include sexual orientation and gender identity. And please tell us what has been done to ensure the implementation of equal rights for same-sex couples. And what are the mechanisms in place, both legal and institutional, in order to provide remedial actions and effective protection against all forms of discriminatory treatment to which LGBTQI+ persons, women, migrants, religious minorities, and persons with disabilities may be subjected to? And please provide information on the steps taken to undertake public awareness campaigns, training and educational programmes to combat the stigmatisation, hostility, hate speech and discriminatory treatment to which the victims of discrimination may be exposed. Finally, with regard to the equal rights of men and women, Section 28 of the Constitution, in fact, explicitly provides women with equal treatment. But in spite of the existing constitutional provisions and improvement in the legal framework, women are widely confronted with numerous barriers which adversely affect the enjoyment of economic, social, and cultural rights on an equal footing with men. This is illustrated, for instance, by the customary law systems, by virtue of which women are still being widely discriminated in respect of land tenure and inheritance rights. Please tell us what is being done to combat the prevalence of cultural biases and traditional gender norms which perpetrate gender inequalities and discrimination. And what are the measures taken for the effective enforcement of gender equality legislation in order to eliminate all forms of discriminatory treatment to which women are subjected, including with respect to land tenure and inheritance rights? Despite the election of members into the House Assembly Act of 2018, women are still largely underrepresented, occupying only 17% in the House of Assembly. Please provide information on measures taken to strengthen gender parity and representation in the House of Assembly at all the higher levels of government and in the decision making positions in which women are underrepresented. And despite the Sexual Offences and Domestic Violence Act of 2018 and the enactment of various other legislation, gender-based violence still remains widespread and law enforcement in that area appears to be weak. What are the concrete measures in place to explicitly address women's vulnerability and exposure to gender-based violences and to ensure that all forms of violence against women and girls are effectively and indiscriminately investigated and sanctioned? And finally, will you please tell us what is being done to eliminate the wage gap and disparities between women, between men and women across all sectors, and what are the steps taken to address the disproportional burden of unpaid domestic and care work and the over-representation of women in the low-paid and informal sectors of the economy? These would be my questions under cluster one. I thank you for your attention. And we look forward to your answers.


CESCR · Chair [49:43]:

Thank you, Mr. Kanhai, for kindly posing your questions. Your Excellency, if you'd like to take a three- to five-minute break to organize, yes? So we'll just adjourn for about three to five minutes. There is the room next door, Room 10, should you wish to meet your delegation separately. You're most welcome to continue your discussions here. But I request colleagues not to leave the room. And we will reconvene in exactly five minutes from now. Thank you. Dear colleagues, kindly be seated. We reconvene, and I now request the distinguished delegation of Eswatini to kindly reply to questions posed by Mr. Kanhai under cluster one. And you would have 30 minutes to respond, and the monitor's timing, you can keep track of your time from there. Thank you. Ma'am, you have the floor.


Eswatini · Principal Secretary, Ministry of Justice and Constitutional Affairs; Head of Delegation [55:30]:

Thank you, Madam Chairperson. Thank you, Mr. Kanhai, for the question posed to the delegation. Chairperson, I will take this block of outline and then hand over to my colleagues. Eswatini is a dualist state, and the Covenant is not directly applicable. The High Court has wide remedial powers under section 35 of the Constitution. The Covenant has been evoked before our courts in respect of the right to education, introduction of a free primary education case in 2009, and in 2026, challenging the exclusion of domestic workers from statutory protection. Awareness of the Covenant among the legal profession remains limited. Progress has been made to ensure the Commission on Human Rights and Public Administration is compliant with the Paris Principles. The Commission on Human Rights and Public Administration Bill is awaiting adoption by the House of Assembly, and thereafter will be tabled in Senate. I will hand over to Mr. Mndeni Villegati of the Attorney General's Chambers to address justiciability and remedies; Ms. Nozipho Mazibubo, State Reporting Coordinator, to address access to justice and progress on the Legal Aid Commission Bill; Mr. Bonggozimo Vuso from the Ministry of Commerce and Industry and Trade on business and human rights. Ms. Nonhlantle Shongwe from the Ministry of Economic Planning and Development on the data disaggregation and the climate questions. Chairperson, on terms of section 252, the constitution, the constitute of the constitution, Eswatini law and custom are recognized as part of the law provided. They are consistent with the constitution and Statutory law are not repugnant to natural justice, morality, or the general principle of humanity. Customary law must therefore evolve and be applied consistently with the constitutional rights. For example, although customary land rights have traditionally been exercised through a husband or a male relative, the courts have protected the rights of widows to continue using, occupying customary land without arbitrary interference. In the present constitutional framework, a woman can acquire, hold, and administer land in her own right without intimidation of a male relative. Ms. Nontlengsha Shongwe from the Ministry of Economic Planning and Development will take the inequality, taxation, covenant resource questions. Mr. Mlondisbanze of the NMRF to take corruption, whistleblower protection, traditional justice, including the the civil unrest, the civil unrest. And Ms. Nomsa Mzame of the Deputy Prime Minister's Office will take disability customs and the position of widows and rural women. Over to you, Tim. Thank you.


Eswatini · Assistant Attorney General [59:01]:

Thank you, Principal Secretary and Head of Delegation. The first question I'll answer relates to the just disability of covenant rights in Eswatini. International Covenant on Economic, Social and Cultural Rights, as the head of dedication has indicated, is not directly applicable in Eswatini. However, that does not mean it is totally irrelevant. The courts can have regard to international human rights law, including the covenant, when interpreting the rights which are guaranteed by the constitution. In addition, the There are multiple covenant rights which are guaranteed by the Constitution of 2005 and are directly applicable. For example, the right to equality of men and women, which are guaranteed by sections 20 and 28, the right to family life, and the right to free primary education. In relation to remedies, the courts of Eswatini have extensive remedial powers in human rights litigation. Section 35 of our constitution states that the courts can grant any appropriate order which secures enforcement of the right. which was the subject of a court case. And the case in point is the case of Swaziland National Ex-Mine Workers Association versus Minister of Education, which was decided in the year 2009. In that case, the court issued a directory order to the government to provide free primary education to every qualifying child. In this judgment, the court directly invoked article 13 or article 13 of the covenant. Concerning recent cases which have involved covenant rights, there's the case of Masebula versus Minister of Labor. It's a judgment of the year 2026. That case concerned a challenge to a statute which excluded domestic workers from legislation which awards compensation for occupational injuries. The applicant in that case, Ms. Matsebula, founded her case on the covenant right to social security. The court, however, decided the case on a different basis. and did not deal directly with the covenant right. The significance of the case, however, is that there are practitioners who are alive to the provisions of the covenant, and they do rely on the covenant when bringing cases to court. Concerning measures in place to provide training to judges, prosecutors and legal practitioners. The government of the Kingdom of Eswatini concedes that it does not have programs of its own to provide training to actors in the administration of justice. However, with the assistance of development partners, our judicial officers are trained on covenant rights. and legal practitioners as recently as September of this year, were trained on international human rights law and using international human rights law for purposes of strategic litigation, and they were trained by a non-governmental organization. I turn next to the issue of ratification of the optional protocol to the covenant. We concede that we are not a party to the optional protocol, however, the kingdom will give consideration to being a party to the protocol in future. In relation to judicial independence, the constitution of Eswatini its section 141, guarantees judicial independence. The constitution confers administrative autonomy and financial independence to the judiciary as well as security of tenure. In addition, judges have decisional independence. Judges are free to take decisions based on the law and the facts, and without interference from both state and non-state actors. We accept, however, that there are tensions from time to time between the executive branch of government, the legislature, and the judiciary, but those tensions are resolved in a spirit of cooperation. There is no attempt on the part of the other organs of state to interfere with judicial independence. I thank you and I hand over to the head of delegation.


Eswatini · State Reporting Coordinator, Ministry of Justice and Constitutional Affairs [1:05:23]:

Thank you, head of delegation, for giving me the floor. I'll be addressing the status of the Commission on Human Rights Bill, as well as the measures the country has taken to ensure that it does have independent in controlling its funds and financial resources. I'd like to inform the House that the government has taken strides to ensure that this commission is compliant with the Paris Principle. Consultations with stakeholders have been undertaken since the tabling of this bill before Parliament in March 2026. Consultation have been undertaken with stakeholders, including the Law Society, the Justice Portfolio Committee, and individuals. What is awaiting now is the adoption of the bill by the House of Assembly. Thereafter, it will be tabled before Senate. We, as government, we cannot put a date on when we are anticipating. As this bill is now under the legislative arm of government. In terms of the financial and human resources, the Commission on Human Rights currently is supported by the Minister of Justice in facilitating its financial and human resources needs through layers in with the Ministry of Finance and other central agencies. Once the bill is in place, the Commission on Human Rights will now be able to have its own separate head, therefore, be totally autonomous from government. I thank you.


Eswatini · Promotional Officer, Ministry of Commerce, Trade and Industry [1:07:16]:

Thank you, head of delegation and the committee. I will respond on the issues of human rights in business, particularly the question of due diligence in business, the national action plan on business and human rights, as well as mechanism in place to deal with those who violate human rights in business. On the issue of mandatory due diligence, the country has not yet adopted a comprehensive human rights due diligence. However, the government is progressively strengthening responsible business conduct in business through the business registration. When you want to register a business, due diligence is done. Also, there are regulatory inspections taking place when you are in business. There is also consumer protection taking place. Then there is labor compliance and awareness programs. On the issue of the National Action Plan, sorry. On the issue of the National Sorry, technology. On the issue of the national action plan, Eswatini has not yet established a formal timetable and consultation program on developing a national action plan on business human rights. However, government has existing legal frameworks addressing business aspect on business and human rights. This includes the recently passed Citizens Economic Empowerment Act of 2023 and the regulations. And also there is Employment Act of 1980, Employment Act of 1980, and also the Industrial Relations Act of 2000, and also the Trading License Order of 1975. On the issue of mechanisms in place to deal with those who violate human rights in business, we have quite a number of legal frameworks. We have the Trading License Order of 1975, which deals with those who violate trading license laws. There is a fine of up to 500 Malangan if one has been found to have violated those rights. And also there is an Immigration Act of 1982, whereby it guides in terms of employing foreign nationals without required work permits. There is also the Public Act of 1969, which guides in terms of dealing with those who violate human rights in terms of selling expired foods. There are also inspections. When you have been fined to violate the Public Health Act, you are being fined. There is also the Citizens Economic Empowerment Act of 2023, which provides a framework for citizens economic empowerment, there is a specific enforcement for those who are being found to have violated the license provisions. There is also a citizens economic empowerment council, which is in place, which also conducts the inspection in businesses to see if there is no violation of business. I think I will end the chair and hand over to the head of delegation.


Eswatini · Senior Planning Officer, Ministry of Economic Planning and Development [1:11:22]:

Head of delegation, I will speak on the issue of climate change and its impact on the vulnerable population. I will also speak on how Eswatini is working towards reducing poverty and the spending that goes towards vulnerable groups. I will also speak on the issue of food security and land, and lastly, on how Eswatini seeks to research food tax to ensure that we reduce inequalities. With regards to emissions, I would like to highlight that the government of Eswatini has realized that In terms of greenhouse gas emission, Eswatini is one of the countries that is absorbing most of the greenhouse emission, yet it is emitting about 2.281 kilotons of carbon emissions. Despite being a member state that is not emitting a lot of greenhouse emissions, we have put in place our national determined contributions to try and ensure that we mitigate emissions. And we are focusing on four sectors, which is the energy sector, the agriculture sector, water, and health sectors. We have developed the NDC implementation plan. which is being costed, and the ministries that are leading is Ministry of Tourism, working with partners, and they are putting in plan measures to ensure that we mobilize resources to finance the plan. The NDC is costed at about 2.4 billion, and the measures that are being put in place to mobilize resources We are working with the Central Bank to develop a green financing taxonomy, sovereign green bonds, and this is led by the Central Bank of Eswatini. There are a number of projects that are planned to be implemented, some are already in place. Under the Minister of Natural Resources and Energy, we have the Accent, a sustainable and clean energy project. that has been allocated a budget of about 2.8 million. We also have, in the Ministry of Tourism and Environmental Affairs, a waste management project that has a budget of about 7.1 million in Malagany, which is equivalent to about 425,386 US dollars. In terms of protecting workers as we transition to clean energy, There are a number of initiatives that the government is implementing in the agricultural sector. Instead of retrenching workers that have been working with unclean energy, we are reskilling the workers. For example, in the sugar industry, we are reskilling boiler operators to be able to use the modern biomass plants. In the education sector, we are training students in vocational training institutions to be able to install solar PV plants and to also maintain mini grids. Now I will come to the question on the income and wealth inequality in terms of the ratio, in terms of the assets and income. And I would like to highlight that We have done three surveys, household income surveys, hence, we are not able to share with you the 10-year series in terms of the 10 to 40 ratio, in terms of the assets ratio. But we do acknowledge as the government of Eswatini that it is important to ensure that we reduce inequalities. Hence, we do compute under the Central Statistics Office the Gini coefficient, which show us the inequalities. And from the three surveys that have been collected in 2009-10, 2016-17, and the recent one conducted in 2023, 24, we are observing a decline in the Gini coefficient from 0.49 to 0.495 to 0.493, and the latest survey to 0.448. We do acknowledge that the decline or the reduction in the inequality is, the decline is slow. or the decrease is very small, is marginal, but we want to highlight that we are moving towards the right direction in terms of reducing inequalities. Now coming to government spending, whether government spending does support vulnerable groups to ensure adequate standard of living. Here, we would like to highlight that governments is putting in place measures to ensure that the vulnerable groups in society are supported so that they don't fall into extreme poverty. There are a number of programs that government is implementing in the education sector. We are implementing the free primary education program whereby learners are supported in terms of school fees, stationaries, school feeding programs. We also have the orphaned and vulnerable children's program where orphaned children are assisted in terms of school fees. We have social grants such as the disability grant, we have the elderly grants, and those grants are cushioning those populations that are vulnerable so that they have a better standard of living. I would now to like to come and address the issue of the tax redistribution. Government of Swatini is implementing a progressive personal tax taxation whereby we, in terms of income tax, we have four bands whereby we are taxing the richest or the highest paid more than the lowest paid. In terms of addressing tax evasions, the government of Eswatini is using digitalization as a way to ensure that we are able to track the income and the taxes that are due to the government of Eswatini. I would like to now hand over to the head of delegation. Thank you.


Eswatini · Senior State Reporting Officer, Ministry of Justice and Constitutional Affairs [1:19:01]:

Thank you, Chairperson. So I'll be responding to the questions that relate to the civil unrest, as well as what have we done as a country to ensure that anti-corruption commission is strengthened. So starting with the questions on the accountability and prosecution of perpetrators of the individuals that were responsible for perpetrating violence during the 2021 unrest. We can start by saying that the government of Eswatini remains fully committed to bringing to justice.

Those that are responsible for the violent crimes and the killings that followed the 2021 unrest. And we would like to place it on record that the victims of this unrest include political activists, police officers, members of other security forces, traditional leaders, and the general members of the public. What we can state is that every such case is investigated with diligence and determination. These efforts have produced breakthroughs in several cases, in which suspects are now awaiting trial, while all unresolved cases remain open and receive high priority attention. The investigation into the murder of human rights lawyer Mr. Thulan Maseko in January 2023 remains active under the Eswatini Police high-level detection strategy. In terms of progress that has been made in the investigation, we can state that the investigation officers have met some stumbling blocks as there are some witnesses that are not cooperating yet in terms of the categorization of the investigation. They possess key information that can bring a breakthrough with regards to the investigation. Then on the aspect of liability, in respect of the state law enforcement agents, the government conducted an internal security assessment, and the result of which it stated that the force that was used to subdue the elements of unrest when necessary and proportionate, and it was in line with our section 15 of our constitution, which guarantees the right to life as well as it provides some circumstances at which that right to life may be deprived, and it is in accordance with international standards. Now, coming back to the questions on what measures have we done as a country to strengthen the Anti-Corruption Commission. We can start by providing the statistics of cases that have been handled by the Anti-Corruption Commission since 2022. In 2022-2023 financial year, the Anti-Corruption Commission received 25 complaints. Then in 2023-24 financial year, it received 17 complaints. In 2024 and 2025 financial year, it received 98 complaints. Then in the previous financial year, which is 2025 and 2026, it has received 74 complaints. These, the total number of cases that have accumulated within the Anti-Corruption Commission, it has grown from 242 in 2022 to 355 in 2026. And I would like to provide the reason why the conviction number, the prosecution number, are so low in the aspect of corruption. So in this case, the prosecutions were effectively halted by a challenge to the constitutionality of the Anti-Corruption Commission's investigative powers. The High Court then resolved this stumbling block or this challenge in June 2024. in a case of Rex versus Manan, whereby it has stated that it has rendered an interpretation that could enable the anti-corruption to bring in cases for prosecutions in this regard. And the government, realising this challenge, it has also initiated processes of the development of of reviewing the Prevention of Corruption Act. Further, to strengthen the capacity of the Anti-Corruption Commission, it has recently adopted the anti-corruption process and it has also started the process of developing the anti-corruption strategy. Due to time constraints, may I hand over to my colleague, Ms. Nomzamo Lhamini, to respond to her class of questions. Thank you.


Eswatini · Gender Coordinator, Deputy Prime Minister's Office [1:24:11]:

Thank you very much, head of delegation. I will be responding on ending discrimination for the LGBTQ, persons with disability, and women. In the absence of an equality act in Eswatini, persons with disabilities are still protected under the Disability Act. of 2013, where their rights have been captured and protected. Furthermore, the country has developed a plan of action, which was launched in July 2026, and that it, which is a multi-sectoral framework that encompasses all the rights of persons with disabilities And different duties have been assigned to different ministries, so as to integrate or implement those rights. Head of delegation, I can further stipulate that the very same plan of action has been costed and it amounts to 700 million Malagasy francs. And it prioritizes activities such as inclusive education, accessible healthcare, vocational training and employment, gender equality, social protection, and accessible infrastructure. Continuous advocacy around the rights of persons with disabilities continue to be carried throughout the country. including in communities, sensitizing just the general public, the traditional sector, your academics, health sector, education sector, and many more other relevant stakeholders. The same goes for the rights of persons, excuse me, the rights of women. In the absence of equality law, the rights of women continue to be mainstreamed or integrated within other government sectoral laws and policies, such as your education sector, the health sector, economic empowerment, around STEM, around issues of peace and security, and many other more. Furthermore, issues of women or the rights of women are broadly highlighted, are boldly highlighted in the National Gender Policy of 2023 to 3033, which is the second generation of the National Gender Policy following the National Gender Policy of 2010. The National Gender Policy of 2023 is aligned to the Sustainable Development Goals, including Agenda 2063 of the African Union. Furthermore, as the rights of women are also integrated in the different sectoral frameworks, legal frameworks, continued advocacy continues to be carried out in different sectors, as well as targeting the different population, including targeting different population, ranging from parliamentarians, traditional leaders, the academia, as well as the general public. Again, the National Gender Policy Plan has been costed as well, and the different duties and responsibilities have been assigned to the relevant ministries to ensure that they are also well captured in their policy frameworks as well as programmatic areas. In general, even though there may not be a specific law on the rights of the LGBT community, they continue to also access equal treatment in accessing basic public services, such as health, education, to list a few. And maybe in conclusion, Head of Delegation, I may also highlight that women in Eswatini continue to enjoy access to, continue to enjoy their rights of access to land. We do take note that the issue of...


Eswatini · Principal Secretary, Ministry of Justice and Constitutional Affairs; Head of Delegation [1:29:07]:

Thank you. Thank you, Madam Chair. I hope we have been able to answer all the questions presented to us. Thank you.


CESCR · Chair [1:29:24]:

Thank you, Your Excellency. Yes, you have certainly answered a lot of our questions, but I'm sure there are follow-up questions that my colleagues would have. So I would now open the floor for follow-up questions. And I see Mr. Bouzid. Yes, sir, you have the floor.


CESCR · Member [1:29:46]:

I would like to extend my welcome to the delegation from the Kingdom of Swazini.

I have a question.

According to section 79 of the constitution of the country, it is said that the system of government in Swazini is the Tukhondra system. But it doesn't explain what is the system exactly, apart from saying that the devolution of the state power from the central government to the Tondra areas. Any other elements of the characteristics of this system? Thank you.


CESCR · Chair [1:30:29]:

Thank you, sir. Mr. Furey, followed by Mr. Kanhai.


CESCR · Member [1:30:38]:

Thank you very much.

I would like to begin by recognizing the work done by the States in getting up to date with the reporting for treaty bodies, as well as for setting up the national follow-up mechanism and reporting mechanism, MNARF by its initials in English. And with that in mind, I would like to ask how Is the mechanism governed or coordinated? Who is in charge of its management presently? And what is the methodology used for drafting the reports as per that mechanism? I also have another question on the ratification. or perhaps just the State's position regarding the Convention on the Protection of Migrant Workers and Members of their Families? I would like to know if the State is considering the possibility of joining that instrument. And lastly, in paragraph 2 of the document replying to the list of issues, The State indicates that few specific training opportunities on the content of the Covenant has been offered to law professionals and judges. So could the delegation illustrate us on the causes that have prevented this training from taking place, and whether you are planning on imparting such training in the near future? Have you considered asking for cooperation from the Office of the UN High Commissioner for Human Rights in that regard? Thank you.


CESCR · Chair [1:32:35]:

Thank you, Mr. Furio. Mr. Kanhai.


CESCR · Country Rapporteur [1:32:41]:

Thank you, Chair. First of all, I would like to thank the delegation for all the answers that have been provided. I still have two, a few more clarifications. First of all, with regard to non-discrimination. We still have not been sufficiently brief as to whether there would be any consideration for amending or changing the legal framework so as to include all the prohibited grounds of discrimination listed in the Covenant, which includes sexual orientation and gender identity, whether these would form part of the prohibited grounds of discrimination within the legal framework of Eswatini. And furthermore, we have also not been provided with any information as to what are the mechanisms in place to provide remedial actions to LGBTQI persons who may have been subjected to discriminatory treatment. We would be grateful if we could be provided with some more information as to these. Now, with regard to equal rights of women and men, I should be very grateful if information is provided with regard to what are the measures in place to address the growing problem of gender-based violence, more particularly against women and girls. what is being done, what is in place to provide effective measures of investigation and sanctioning, and also what is being done to eliminate the wage gap and disparities in wages between men and women, and also what is being done to address the disproportionate burden to which women are being subjected with regard to unpaid domestic work. And with regard to human rights defenders, the answers provided, in fact, bring into focus the failure to bring to justice those who have been responsible for widespread and very serious crimes resulting in deaths, serious injuries, and assassination as well. So the question which inevitably arises is, what is being done to improve the existing system with regard to investigation, with regard to the existing legal framework, so as to avoid that in future? any such crime goes unpunished, one, and also to ensure that there is an effective protection system for human rights defenders who may be involved in the promotion and protection of economic, social, and cultural rights in the pursuit of their legitimate activities as human rights activists. So these would be my additional questions, yes.


CESCR · Chair [1:36:24]:

Thank you, sir. Ms. Chen.


CESCR · Member [1:36:28]:

Thank you, Madam Chair. Only one question. From some cases mentioned in the relevant reports, it can be seen that the supervision, restraint, and accountability mechanism to law enforcement forces are relatively weak. the problem of impunity is prominent. So what targeted measures has the State Party taken in this regard? Please illustrate with examples. Thank you.


CESCR · Chair [1:37:04]:

Thank you, Ms. Chair. Are there any other requests for the floor? I don't see any other requests. I'll just ask one question from my side. Your Excellency, you know that Article 2.1 which talks about maximum available resources, also talks about taking steps individually and through international assistance and cooperation, especially economic and technical, with a view to achieving progressive realization. So I wanted to know from you and your delegation what has been your experience in terms of international cooperation in development cooperation activities. Thank you. We'll just pause for another five minutes, but please don't go too far, and we'll reconvene exactly five minutes later. Thank you. Dear colleagues, can I have your attention? We will now reconvene and request the distinguished delegation of Eswatini to kindly respond to the follow-up questions that have been posed to the delegation. You have 20 minutes to reply, ma'am. Thank you.


Eswatini · Principal Secretary, Ministry of Justice and Constitutional Affairs; Head of Delegation [1:45:47]:

Thank you, Madam Chair. Thank you for the next set of questions, and I'll ask my delegation to respond to the questions that have been presented to us. I will start with Ms. Nomzamo from the DPM's, Deputy Prime Minister's Office, followed by Nozi Pomazibunga from MNRF, followed by Mr. Mlondi, Mlondi Sibanza from MNRF, followed by Mr. Mdeni Vilagati from AG's office, Attorney General's Office, followed by Nontsango Shongwe from the Economic Planning, and lastly Ms. Zandi Lezame from the Foreign Affairs. 20 minutes. 20 minutes. They'll be taking three minutes each. Thank you. Nomzamo.


Eswatini · Gender Coordinator, Deputy Prime Minister's Office [1:46:34]:

Very much, head of delegation, for this opportunity once again. In response to issues around non-discrimination, there are no plans yet set to amend legal frameworks. And I may also mention that for the LGBT community to seek redress on issues concerning them, they followed the similar procedure as everyone else in seeking, for example, any legal recourse pertaining to their human right, pertaining to their rights. And again, looking at interventions or measures in addressing gender-based violence, The country continues to, or maybe before that, has developed a national strategy on ending violence, which is a multi-sectoral framework, which includes a number of activities that have already been implemented. And these include training of frontline responders, strengthening data collection. advocacy activities targeting communities in school, parents, teachers, including parliamentarians as well. There's been ongoing radio programs to sensitize the public about gender-based violence, where to report and who to consult when they witness such, including sensitizing them around the Sexual Offences and Domestic Violence Act itself. There have been ongoing male programs, also taking note that men also do fall victims of gender-based violence. Other interventions also have included sending messages through plays, through poems, through entertainment series. Moving forward on the issue of dealing with unpaid care work, Eswatini has taken a position to recognize and redistribute unpaid care work. And more interventions are yet to be undertaken, especially through the office of the Deputy Prime Minister for the Plan 2027 has already scheduled sensitization of various stakeholders, including legislators, around issues of unpaid care work before the commencement of the development of an action plan around issues of unpaid care work. Thank you, head of delegation. I submit.


Eswatini · State Reporting Coordinator, Ministry of Justice and Constitutional Affairs [1:49:17]:

Thank you, head of delegation, for the floor. I'll be addressing the question on the NMRF. The NMRF is an inter-ministerial committee which comprises of all the various ministries under government, and it was established by an executive order, an executive direction in 2020. The NMRF is headed by the Minister of Justice as the chairperson of a committee, as well as deputized by the Ministry of Foreign Affairs and Deputy. The Minister of Justice is the chairperson on the basis of its responsibility to promoting and protecting human rights in the kingdom. The Deputy Prime Minister's office, as it is seated with three of the three core human rights treaties. and the responsibility of foreign affairs as it's responsible for international cooperation. This is what heads the committee. This committee is coordinated by the Secretariat, which is also seated within the Ministry of Justice. In terms of methodology when drafting the report, The Secretariat issues out a call for information to all duty bearers, informing them of the reporting which will be undertaken, will be developed. This issue, this call for information is also supported by the guiding questions as per the reporting guidelines in respect of the treaty in which the report will be developing. After issuing out, the Secretariat then receives responses from duty bearers. After that, the Secretariat then starts developing the report. Once a draft report is in place, that is when now we start engaging further with other stakeholders. The Secretariat then invites members of the civil society organization, development partners, the National Human Rights Institution, to a session where we consult on the draft which is in place. That is where the stakeholders input further or they add more information to the draft that has been prepared by the Secretariat. It's after this session, the Secretariat then provides another session where members of the stakeholders involving civil society organization, the National Human Rights Institution, and development partners then validates the report, which has now incorporated the inputs which was received during the consultation period. What then happens after the validation is that the secretariat then sit down polish up also incorporating some of the comments, if any, or additional information received during the validation. This report is then presented to Cabinet for its endorsement before it is submitted to the treaty body responsible for monitoring that particular treaty. I thank you.


Eswatini · Senior State Reporting Officer, Ministry of Justice and Constitutional Affairs [1:52:53]:

Thank you, Jeperson. To respond to the question on the wage pay gap, so to eliminate occupational segregation as well as to ensure.

Equal pay for equal work, we can start by saying that we are party to the ILO convention that relates to equality and non-discrimination.

These are conventions 100 and 111. Further, domestically, we domesticated these conventions Through the Employment Act of 1980, in section 29, it addresses discrimination in all forms. Further, we've got the Industrial Relations Act of 2000. It also prohibits any form of discrimination in the context of workplace. In terms of compliance. what the government of Eswatini is doing to ensure that employers comply, they do not discriminate in the aspect of remuneration. So in this instance, or in this aspect, there is a Department of Labour within the Ministry of Labour and Social Security. The Department of Labour, it periodically conduct unannounced or, yes, unannounced labor inspection in their workplaces, and amongst the forms of violations of the labor law laws, they are no, they are very limited cases where you can find that there's this incidence of wage gap between male workers and female workers. So in the government, there's no such incident by the males are paid more than the females. Even in the state-owned institutions, there are no incidences of wage gap between the males and the females. And generally, the Department of Labor conducts awareness raising initiatives in the in all sectors of employment and encourages women participation even in non-traditional sectors of employment through skills development and career guidance programs. And this is to promote or to discourage the incidence of wage gap between these sectors. Then moving on to the question about the elimination of, or the ratification of the covenant, the covenant on the migrant workers and protection of their families, the country will consider to ratify after having undertaken its domestical processes that will give a green light to the ratification processes. Then lastly, on the questions, the set of questions that I'm supposed to respond to, there is this concern that was raised by these honorable committee members that relates to impunity of law enforcement officials. So maybe to respond to this one, I may start by to put it into proper perspective. this notion that law enforcement agencies or law enforcement officers in Eswatini, they act with impunity. So in Eswatini, we've got the constitution which guarantees the human rights. We've got other sectoral legislation which also are in line with the bill of rights. For instance, in the police as well as the Correctional Services Act or the military, They are these enabling legislations, which have got these principles, and they enjoin the members of these law enforcement agencies to act in the spirit of promoting human rights. So to ensure that these law enforcement personnel, they are protecting rights, they are not violating rights. the trainings that are administered from time to time within the learning institutions of these agencies. So, they are periodic trainings that ensure that when they interact with the public, they do not violate rights. So, may I hand over to my colleague, Ms. Nontlala, to respond.


Eswatini · Assistant Attorney General [1:57:47]:

Thank you. I'll address two questions or two areas. The first one is on whether Eswatini would be open to expanding the prohibited grounds of discrimination. The answer is Eswatini is always open to consider expanding the prohibited grounds of discrimination to include grounds which are not currently covered in the laws of the country. The second question relates to training of judges and lawyers and prosecutors. Currently, lawyers and prosecutors are trained on human rights or on international human rights. There has been training offered by the regional office of the OHCHR over the years, so there is ongoing training. With regard to judicial officers, both at the superior courts and the subordinate courts, judicial officers have received training from international partners as well as judicial officers, active and retired, from other jurisdictions in Southern Africa and beyond. So there is ongoing training that judicial officers receive. Thank you.


Eswatini · Legal Advisor, Ministry of Foreign Affairs and International Cooperation [1:59:41]:

Thank you, head of delegation. I will respond to the question on what Dinkundla system of government means. The Dinkundla system of government is a democratic participatory system of government, which emphasizes the devolution of state power from central government to Dinkundla areas or constituencies. Eswatini currently has 59 Dinkundla centers, which each elect a member to represent that particular constituency or inkundla. during parliamentary elections. Individual merit serves as a basis for election into parliament. The Dinkundla system of government is provided for under section 79 of the Constitution of Eswatini of 2005. And in terms of section 8 of the constitution, an Inkundla center is established by the king. on the recommendation of the Elections and Boundaries Commission, and it consists of one or more chiefdoms, which act as nomination areas for the election of members of the House at the primary level elections. And it is also, among other things, also used as a constituency for the election of the elected members of the House. That's the secondary level elections. So, Dinkundla units or areas inspired by policy of decentralization of state power are the engines of development and the central pillars underpinning the political organization and economic infrastructure of the country through which social services to the different parts of the Eswatini community are facilitated and delivered. Thank you, head of delegation. I submit.


Eswatini · Senior Planning Officer, Ministry of Economic Planning and Development [2:01:36]:

Thank you, head of delegation. I would like to go back to the question on poverty, and I would like to state that the national poverty rate is not 70% as indicated. From the surveys that have been conducted, we have seen the poverty rate declining from 63% in 2009 to 58.9% in 2016-17, and the preliminary results from the income and expenditure survey conducted in 2023-24 indicates that the national poverty rate currently stands at 54.3%. And we acknowledge that the government office acknowledges that even though the poverty rate has declined, it is still high, and hence, the government is putting in measures to ensure that the poverty rate is reduced. And The interventions in terms of the social protection programs, whereby, in terms of the budget, government is allocating 10% to social protection programs. Secondly, promoting private sector participation, whereby we have a number of grants, including the Youth Enterprise Revolving Fund, the Economic Empowerment Program for targeting the youth, In-Situ Youth Empowerment Programs. All of these programs targeting young people to start businesses. We also have programs under rural development, whereby we have the Rural Development Fund, which is a fund that is catering for communities to ensure that we empower communities in terms of infrastructure, development, and other services that are required at community level. There is also interventions that are aimed to ensure that we address climate change and we build a resilient economy. I thank you, head of delegation. We can share more details on this.


Eswatini · Principal Secretary, Ministry of Justice and Constitutional Affairs; Head of Delegation [2:03:44]:

Thank you, Madam Chair. I hope we have answered all the questions posed to us. Thank you.


CESCR · Chair [2:03:50]:

Thank you, Your Excellency. Thank you for keeping time. We will now move on to the next set of questions belonging to cluster 2, and may I request Mr. Ashraf Kanhai to kindly pose the questions relating to cluster 2. You have the floor, sir.


CESCR · Country Rapporteur [2:04:16]:

Yes. Thank you, Chair. I would now pass on to cluster 2, which addresses issues under Articles 6 to 9 of the Covenant. First, with regard to Article 6, which concerns the right to work, first as regarding the right to work, the Committee notes the persistently high unemployment rates in the country, particularly among young people, where unemployment was reported to reach 58.2%, as well as the continuing disparities affecting women and persons with disabilities. In this regard, I have the following questions: one, could the delegation provide updated information on the concrete impact of employment programs implemented in recent years and indicate how many sustainable jobs have been created, particularly for youth, women, and persons with disabilities? Two, What specific measures are being taken to address the exceptionally high rate of youth unemployment and to facilitate young people's transition from education and training into decent work? Three, could the delegation elaborate on the outcomes achieved through vocational training and employment initiatives targeting persons with disabilities, including data on their integration into the labor market? 4. What steps are being taken to formalise employment in the informal economy and ensure access of informal workers to labour protections and social security? Turning to Article 7, the Committee notes that a national minimum wage has not yet been established and that the issue remains under consideration. Therefore, would you please tell us When the government expects to adopt and implement a national minimum wage framework consistent with the requirements of the Covenant, has the state conducted any assessment as to whether existing sectoral minimum wages ensure a decent living for workers and their families? Could updated information be provided on the gender wage gap and on mechanisms used to monitor compliance with the principle of equal remuneration for work of equal value? The Committee also notes the occupational safety and health inspections conducted during 2025-2026. Could the delegation provide information on sanctions imposed during identified violations and measures taken to prevent workplace accidents? Could the delegation also provide statistics on complaints related to sexual harassment in the workplace and the remedies available to victims? Concerning Article 8, I would appreciate further clarification regarding the enjoyment of trade union rights in practice. Could the delegation explain what measures are in place to ensure the full independence and effective functioning of trade unions? What proportion of workers is currently covered by collective bargaining agreements? Are there any legal or practical restrictions affecting the exercise of the right to strike, and if so, how does the State ensure that such restrictions comply with the Covenant? Could the delegation also elaborate on the labor law reforms currently under consideration and explain how they will strengthen the protection of trade union rights? Still, under Article 8, concerns have been raised regarding restrictions on the activities of trade unions, as well as threats, harassment, and acts of violence including the killing of trade unionists. Are there any restrictions imposed on the activities of trade unions? What measures has the State party taken to protect trade unionists and workers from threats, harassment, intimidation, acts of violence, and reprisals in the exercise of their trade union activities? Please provide information on complaints received concerning such acts. the investigations carried out and their outcomes, including any sanctions imposed on those responsible for any acts of violence or intimidation. Concerning Article 9, which is with regard to the right to social security, the Committee welcomes information concerning the national social security policy and efforts to establish a social protection floor. However, I would appreciate further clarification on the following issues. Could the delegation provide updated information on progress made in extending social security coverage to workers in the informal economy? What concrete timeline has been established for the implementation of a comprehensive social protection floor accessible to all persons under the state's jurisdiction? Has the government assessed whether existing social benefits are sufficient to guarantee an adequate standard of living for beneficiaries, particularly those living in poverty? What measures are being taken to improve social protection coverage and benefit adequacy for persons with disabilities and other disadvantaged groups? Could the delegation indicate how migrant workers and other vulnerable populations are protected under the national security system? One final question with regard to Article 7. which concerns just and favourable conditions of work. Domestic workers are excluded from the Workmen's Compensation Act, which may limit their access to compensation in the event of work-related accidents and raises concerns regarding the adequacy of their occupational safety and health protection. Could the delegation provide information on the measures taken to ensure that effective protection of domestic workers' occupational safety and health, including labor inspection mechanisms, complaint procedures, and access to remedies in cases of unsafe or hazardous working conditions. These would be my questions in the cluster two, and I thank you for your attention.


CESCR · Chair [2:11:54]:

Thank you, sir. I now give the floor to the distinguished delegation of Eswatini. respond to the questions posed under cluster 2, and you have 30 minutes. Thank you.


Eswatini · Principal Secretary, Ministry of Justice and Constitutional Affairs; Head of Delegation [2:12:06]:

Thank you, madam Chair, for the questions under this cluster. Before I hand over to my delegation, I wish to correct paragraph 6 in our replies, which recorded 19 workplace accidents for for 2025-2026, yet the true figure from our Ministry of Labor on annual report is 684 occupational injuries, including 15 fatalities between April and December 2025, and a further 245 injuries, including seven fatalities in the quarter ended September this year. May I place the correct figures before the committee now? I now give the floor to Ms. Angeliki Lamini, Minister of Foreign Affairs, who will respond to questions under this cluster, assisted by Mr. Mdeni Vilagati, Attorney General, Ms. Nongtshang La Shong from Economic Planning, and Mr. Sibonginkosi Mavuso from Commerce. Thank you.


Eswatini · Promotional Officer, Ministry of Commerce, Trade and Industry [2:13:16]:

Thank you, Chair, for the opportunity to respond. I will respond on the question of impact on employment programs recently. The government over the past 12 months have implemented various programs to improve employability, entrepreneurship, and economic participation. I have various programs which have been implemented in the past 12 months. There is an entrepreneurship training on business development done by SEDCO, whereby a number of 307 participants were trained, and the impact on those programs were to improve participation of entrepreneurship and financial management, and for them to establish their businesses. and pursue self-employment. There was also another program on business incubation program, also conducted by our small and medium enterprises development company. Around 532 jobs were created in the value of 14.84 million in revenue. The impact was to support business survival and expansion and increase enterprise revenue and continue to employ to employment creation and income generation. There's also another program called Simama, which is an online entrepreneurship program whereby potential entrepreneurs got training via online. The impact is to expand access to flexible digital entrepreneurship planning and allowing participant to acquire business skills to support enterprise establishment and management. There is also the Innovation Hub program, which is done by the Minister of Commerce and the Minister of ICT, Information and Communication. In terms of achievement and impact, the program provides a platform for digital skills development, innovation, entrepreneurship training, business support, particularly for young people, women, and persons with disabilities. There is also another program called the Vocational Outreach Training Program, whereby the ministry goes to the regions to train potential business people. The impact of that program was to equip participants with practical vocational skills to improve their employability, access to trade-related jobs, and establish income-generated businesses. I submit, Chair.


Eswatini · Legal Advisor, Ministry of Foreign Affairs and International Cooperation [2:16:13]:

Thank you, head of delegation. I will address the issue of a national living wage for the Kingdom of Eswatini. So the Kingdom of Eswatini, with technical support from the International Labour Organization, engaged a consultant to undertake a study on the establishment and implementation of a national minimum wage. The study has been completed and its recommendations were submitted to government for consideration. Among the key recommendations was the establishment of a minimum wage board, which would provide an institutional framework for advancing and coordinating the country's minimum wage policy. The proposed board would, among other things, address the following areas. Firstly, the widening the coverage of existing sectoral wage regulations. which would entail reviewing and expanding the scope of certain sectoral wages to include additional categories of workers who were previously excluded or not adequately covered. Secondly, establishing additional wages councils by identifying sectors of the economy that are currently not regulated under the existing sectoral wage setting framework and establishing appropriate wages councils to provide minimum wage protection to workers in those sectors. So the proposal for establishing a national minimum wage board is currently before the Labour Advisory Board, where it is awaiting consideration and discussion by the tripartite social partners. Following the LAP's deliberations, the Labour Advisory Board's deliberations, it is envisaged that nominations will be submitted for consideration, drawing representatives from government, employers, and workers. The minister responsible for labour would thereafter appoint members of the National Minimum Wage Board from the proposed tripartite composition. The current position, therefore, is that the establishment of the National Minimum Wage Board is still under consideration through the established tripartite consultation process. The intention is to ensure that the proposed institutional arrangement enjoys the support and participation of government, employers, and workers before it is formally constituted. I submit for now, head of delegation.


Eswatini · Senior Planning Officer, Ministry of Economic Planning and Development [2:19:05]:

Head of delegation, I would like to respond on the question on the social security policy. To give an update, we have a number of reforms that we are proposing. The first one is the conversion of the Eswatini National Provident Fund. to a pension scheme to provide pension benefits and to strengthen long-term retirement income security, moving away from the lump sum payments to monthly payments for workers, particularly in the private sector, and also incorporating workers in the informal sector. Within the Eswatini National Provident Fund, Employers in the informal sector can now be able to save some of their money at the pension fund. However, currently they are able to only get a lump sum. So with this new bill, the workers are going to be able to get monthly pensions once the bill comes into effect. The bill has passed legal review. It has been endorsed by cabinet. However, now it is at the stage where government is carefully considering the financial sustainability, setting up of the institutional arrangements before it can now be endorsed into a law. And another reform is the introduction of the Unemployment Benefit Fund, which intends to extend income protection to workers in three domains, protecting workers who lose their job involuntarily, and also workers that have to go into maternity leave, and would require income support. And lastly, workers who fall sick and have prolonged sicknesses beyond what is provided for in the employment and wage regulations. In terms of the updates, the draft legal institutional frameworks are in place. And the managing body is being set, and a benchmarking exercise in the Republic of South Africa is scheduled. Once those institutional arrangements are in place, then we are going to have the unemployment benefit fund up and running. The third step is the social security. Act and the National Social Security Authority, those will be in place once the conversion of the ENPF bill is in place and the Unemployment Benefit Fund is also set up. And government of Eswatini is prioritizing the two reforms mentioned earlier so that to ensure that workers benefit sooner. In terms of adequacy, The social security inquiry that was conducted in 2022 shows that the coverage is not adequate, as 29% of the population were covered by at least one social protection program. And as such, governments will continue to ensure that we provide social grants under our social protection programs to cover those that are vulnerable. and also fast track the implementation of the recommendations. I submit, head of delegation.


Eswatini · State Reporting Coordinator, Ministry of Justice and Constitutional Affairs [2:23:35]:

May I respond on the question on sexual harassment? Swaziland has adopted legislation that prohibits and criminalizes sexual harassment in the workplace. The code of good practice under the employment discrimination, which was promulgated under section 109 of the Industrial Relations Act 3, and also referring to section 29 of the Employment Act, classifies harassment of an employee, whether of a sexual nature or otherwise, as constituting a formal discrimination. We have also enacted the Sexual Offences and Domestic Violence, which explicitly criminalizes sexual harassment and are liable to prosecution, conviction, and punishment of a 10-year imprisonment or a fine exceeding 25,000. In according to the analysis of the Conciliation, Mediation, and Arbitration Commission, In its report for 2025-2026, the statistics show that there are no, there were no available statistics indicating cases reported as sexual harassment through the labor inspectorate. The analysis is that sexual harassment or workplace bullying could go unreported because there are limited policies that deal with sexual harassment and bullying. It's the analysis of the conciliation, mediation, and arbitration that it may find that in some cases, employees are not even aware what an analysis, what harassment entails. However, we'd like to report that we will find information in the report of the Conciliation, Mediation and Arbitration Commission for the current year, and we will advise the committee in the next day. Thank you.


Eswatini · Senior State Reporting Officer, Ministry of Justice and Constitutional Affairs [2:25:51]:

Thank you, Chairperson.

On the interventions that have been put in place to ensure that the information that we get through labor inspections, as well as the sanction and how we enforce compliance, we will start to providing the statistics on inspections. In year 2023, we have conducted 1,242 inspections. Then on interventions during that year, we conducted 1,484. In 2024, we conducted 1,110 labour inspections. Then in terms of interventions, we conducted a total of 1,678. In year 2025, we conducted 1,741 labour inspections. Then on interventions, we conducted 1,999. During that year, we also have statistics for occupational safety and health. workplace inspections, we conducted 171. Then for 2020, for this financial year, that is between April up to June, we conducted a total of 83 occupational safety and health inspections. Then in terms of LIPA inspections, we conducted 788. Then between July and September this year, in terms of labor inspections, we conducted 737. On interventions, we conducted 1,119. Then on OSH inspections, we conducted a total of 56. The majority of these inspections were follow-up inspections, which are conducted to verify compliance with previously identified requirements and to facilitate the issuance of labor compliance certificates. On violations and sanctions, the enforcement instruments available to the inspectorate are improvement notices, prohibition notices, referral to the magistrate courts for prosecution, and referral to the industrial court for determination. Occupational injury cases have also been submitted to the Attorney General's Office for determination where criminal offences arise. In the period of April to December 2025, the OSHD Division issued a total of 19 improvement notices and three prohibition notices.

In this financial year.

From April up until the end of September 2026, there were three elevators that were prohibited from use for defective safety features. Inspection findings record that non-compliance is the highest in the engineering sector, followed by construction and manufacturing sectors, with recurring deficiencies in risk assessment. safety management systems and personal protective equipment and health survey lens. Then in terms of occupational injuries and accidents and fatalities and the measures taken, so in the period of 2025, the period of April to June, there were a total of 209 workplace fatalities. Then between July and September 2025, there were a total of 269 fatalities, with 55 being minor injuries, 210 being serious injuries. In October to December, there were a total of 208 injuries. Then in this year, this financial year, in quarter one, that is April to June, there were 212 injuries. Then from July to September 2026, there are a total of 245 injuries. May I stop here and hand over to my colleague for to supplement initial submissions?


Eswatini · Legal Advisor, Ministry of Foreign Affairs and International Cooperation [2:30:19]:

Thank you, head of delegation. I will move on to legislative and institutional reforms that have been undertaken by the government of Eswatini, which aim not only to strengthen the legislative and institutional framework for labor laws in Eswatini, but also to strengthen social security measures by the government. So the government continues to pursue legislative reforms aimed at strengthening labor administration and dispute resolution. Legislative alignment, there is a review when necessary and reform of labor laws to address gaps between national legislation and ratified ILO conventions. We have the Employment Bill number 12 of 2024, which was tabled in the House of Assembly in March 2025. The Minister of Labour and Social Security's portfolio committee has completed receiving submissions from various stakeholders and will proceed with the next stages of the parliamentary legislative process. Once enacted, the bill will modernise Eswatini's employment framework by aligning employment legislation with section 32 of the Constitution of Eswatini of 2005. It will also address comments and recommendations from the ILO supervisory bodies. It will also ensure compliance with applicable international labour standards and giving effect to Eswatini's obligations as an ILO member state. It seeks to also to promote social justice, democracy in the workplace, fair labour standards, and employment equity. It will further enhance employee participation in decisions affecting their interests in the workplace, and also it will focus on effective enforcement by strengthening the capacity of labor administration institutions to monitor compliance, investigate violations, and ensure appropriate remedies. The government of Eswatini also has an industrial relations bill, which provides a holistic review of the Industrial Relations Act of 2000. This bill has undergone several amendments. Therefore, it is currently before the Labour Advisory Board, pending the incorporation of ILO comments received in June 2025. The proposed reforms to this legislation are to strengthen the powers and capacity of the Conciliation, Mediation, and Arbitration Commission to facilitate the speedy resolution of industrial disputes. It is also to address issues arising from the voluntary conciliation process in Tuko Swa versus Government of Eswatini, case number 34/25. 3425 in accordance with the agreed implementation plan. It further seeks to address concerns raised by ILO supervisory bodies regarding provisions that may restrict workers' rights, including section 89, which empowers the minister responsible for labour to make an exparte application to stop a lawful strike. It further seeks to provide protection against anti-union discrimination by promoting measures to protect workers and their representatives against victimization, intimidation, and unfair treatment arising from legitimate trade union activities. Lastly, it seeks to strengthen collective bargaining by promoting constructive social dialogue and effective collective bargaining between employers and employees organizations. We also, the government of Eswatini also has an occupational safety and health bill. This bill seeks to review the occupation, the Occupational Safety and Health Act of number 9 of 2001, and aims to align national legislation with ILO Occupational Safety and Health Convention of 1981. and promotional framework for Occupational Safety and Health Convention of 2006, both fundamental occupational safety and health conventions. With the support from the ILO Pretoria office, a legislative gap analysis has been completed and stakeholder consultations are underway. The revised draft will subsequently be presented to the LAB the labor advisory report before submission to the office of the attorney general for legislative drafting. The government further has an unemployment benefit fund bill, and this bill is a post-COVID-19 social protection initiative intended to extend income protection to employees in three contingencies not adequately covered under the existing framework. And this includes unemployment benefits for employees who lose their employment at the initiative of the employer, maternity benefits for periods not covered by existing employment provisions, extended sickness benefits for employees whose illness extends beyond the paid sick leave provided for under applicable employment and wages regulations. The proposed fund aims to strengthen social security, mitigate income insecurity, and improve the protection of workers against economic and social risks. Eswatini seeks a labour framework that is consistent with applicable international labour standards, supported by effective enforcement institutions and capable of protecting fundamental workers' and employers' rights while promoting harmonious industrial relations and sustainable economic development. I submit, head of delegation.


Eswatini · Promotional Officer, Ministry of Commerce, Trade and Industry [2:36:53]:

Informal economy, the government of the Kingdom of Swatini recognizes the informal economy as an important contributor to livelihoods, entrepreneurship, and employment creation. There are quite a number of interventions done by government to support informal economy. There was a construction of a structure called the Manzini Trade Hub, whereby informal traders are being housed, and every month there's capacity building measures to support them to develop their businesses. There is also a fund dedicated for the informal traders, which is called the Informal Traders Revolving Fund, which is administered by a development company called FinCorp. And from 2021 to 2025, Up to 50 traders have been supported at a value of $15,393 US dollars, and the fund is proposed to escalate to other towns in Eswatini. There is also the MSME online registry platform, whereby informal traders are being encouraged to enroll themselves on the platform. This will help them This will help the informal traders be known where they are located, so that when there are interventions from government to support them, they will be located, I submit.


Eswatini · Assistant Attorney General [2:38:39]:

To add to what my To add to what my colleague has said, the workmen's compensation legislation is also under review with the intention of expanding the categories of workers who are entitled to receive workmen's compensation. At the moment, excluded workers, including domestic workers, are left with ordinary common law remedies, which may be in tort or in contract. We acknowledge as a government of Eswatini that these may be inadequate, but the legislation is under review. Concerning the rights of trade unions in practice, Workers in Eswatini have the right to form and join trade unions, and trade unions have the right to form worker federations. We acknowledge that there are gaps in the protection of trade union rights, and my colleague has highlighted that some of those gaps are the subject of review with the assistance of the International Labour Organization. The right to strike is guaranteed by legislation. Workers have the right to strike where a dispute is unresolved and the strike is supported by a majority of workers in that workplace, 50 plus one, that's the threshold. In relation to restriction on trade union activities, We've acknowledged that there's a restriction in terms of a minister having the power to interdict a lawful strike, but outside of that, restrictions on trade union and trade union activities are those which are reasonable and justifiable in a democratic society and are intended to protect the rights and interests of others. So broadly speaking, there is no, there are no restrictions that are inconsistent with international human rights norms. There are no restrictions on trade union activities that are inconsistent with human rights norms, and there are no trade union leaders who have been murdered. I thank you. Head of Delegation.


Eswatini · Principal Secretary, Ministry of Justice and Constitutional Affairs; Head of Delegation [2:41:38]:

Thank you, Madam Chair. We do submit.


CESCR · Chair [2:41:43]:

Thank you, Your Excellency. The floor is open for follow-up questions, if any. Yes, Ms. Chen.


CESCR · Member [2:41:57]:

Thank you, Madam Chair. I have three questions. First, how to determine the -- it's relevant to the minimum wages. How to determine the basic minimum wages in practice in the absence of a national minimum wage standard? Will there be unfairness and unbalance due to different standards? Second question, regarding workplace sexual harassment, like the delegation introduced, in some cases, employees are not aware of what harassment entails. And the delegation also expressed that tomorrow might tell us more. So I put my question here. Has the government conducted any education and training program for purpose to increase such awareness of employees? Third question, regarding child labor violation, while prevention is important, prosecution is equally indispensable. According to paragraph 67 of the replies to the list of issues, prosecution is limited. So impunity will fuel crime. Please explain what measures will be taken to strengthen the punishment and achieve a combination of prevention and punishment. Thank you.


CESCR · Chair [2:43:55]:

Thank you, Ms. Chen. Ms. Jiyoung Lee, followed by Ms. Laura Lisi Perez. Ms. Lee.


CESCR · Member [2:44:04]:

Thank you, Chair, and thank you, the distinguished members of the delegation, for the engagement with us. I would like to ask two follow-up questions, one under Article 6 and another one under Article 7. The country rapporteur, Mr. Kunai, already asked a question about high unemployment rate. And I would like to draw attention particularly on youth unemployment in Shisei-Wani region, because the youth unemployment in that region is extremely high. In 2023, it reached 71%, well above the national average, the highest of any region. And poverty remains far higher in rural than in urban areas. So what targeted measures does the National Employment Strategy contain for Shezel Waini region and other rural areas? And working conditions and low pay in agricultural sector. Studies indicate that agricultural workers particularly in the sugarcane sector, often work without adequate shade, water, or protective equipment, and also overtime is frequently unpaid, and informal workers are not covered by minimum wage. So could you please provide information on the minimum wages applicable to agriculture and seasonal workers, including subcontracted and informal workers? And second, what measures are in place to protect agricultural workers from heat stress and pesticide exposure and to ensure that working hour and overtime rules are respected? Thank you very much.


CESCR · Chair [2:46:03]:

Thank you, Ms. Lee. Ms. Perez.


CESCR · Member [2:46:12]:

Buenas tardes.

Good afternoon. I would like to welcome the delegation of Lesotho to this meeting of the Committee on Economic, Social and Cultural Rights. I would like to thank you for the vast amount of information that you presented in the report. Unemployment is a significant issue given the high nationwide unemployment rates, particularly among the young. I would also like to highlight the indicator of people 15 to 24 years old who are not in employment, education, or training. This was 36.5% of this age group in 2023. I'm sorry, but it seems that. Was there a problem getting the question, which I am asking in Spanish? Has the delegation been able to hear the question, interpret it into English? I'll reiterate. That 35.6% of people aged 15 to 24 years of age young people who are not in education, employment, or training is an alarmingly high rate for the Committee. While thanking you for the information that you present in the report in paragraph 181, which speaks to us about various programs carried out along with United Nations agencies, such as the Swatini Youth Empowerment Program, done along with the United Nations Program for Development from 2022 to 2024. You also mention not having enough resources to address the high number of students that find themselves in this situation, who are not in school, who are not trained, who are not working. So I would like to ask specifically whether you could please share with us what obstacles have you come across in prolonging the operation of these programs, given perhaps a shortage of resources from international cooperation? Thank you.


CESCR · Chair [2:49:21]:

Thank you. I see there are no other requests for the floor, and we are at 5:30 in the evening now. You have exactly 20 minutes to respond, Your Excellency. I would request that we put a hard stop at 20 minutes because we will be left with 10 minutes for you to listen to our questions under cluster three, and that will enable you to respond, prepare overnight. and respond to them tomorrow morning. And of course, if there are issues which are residual, which you have not responded to today, you will have time tomorrow to do so. So at this stage, if you could kindly complete your responses within the next 20 minutes, and we stop to hear the questions on cluster three from Ms. Chen. Thank you.


Eswatini · Principal Secretary, Ministry of Justice and Constitutional Affairs; Head of Delegation [2:50:09]:

Thank you, Madam Chair. I will ask the team to respond to the questions that have just been posed. That is, I'll ask for Nomzamo from the Deputy Prime Minister's office, Ms. Bonginkosi Mavuso from Commerce, Nontsantsha from Economic Planning, and Nosipho from MNRF. And Zandile from the Ministry of Foreign Affairs. Thank you.


Eswatini · Gender Coordinator, Deputy Prime Minister's Office [2:50:47]:

I will just be coming in directly for on the question around sexual harassment. As my colleague had alluded that under the Sexual Offences and Domestic Violence Act, there is a provision that addresses issues of sexual harassment. With the question that followed, I may clarify before the House that There are interventions that target employers, including their employees, through wellness programs where we get to sensitize them on issues of sexual harassment. And I may share with the House once again through you, a head of delegation, that these capacity building sessions have also resulted to some institutions within the private sector and the public sector in moving towards developing sexual harassment policies to ensure a safe and conducive environment for employees in the different workplaces, I submit.


Eswatini · Legal Advisor, Ministry of Foreign Affairs and International Cooperation [2:52:12]:

Delegation, I will respond to the question on how we how the Kingdom of Eswatini determines basic minimum wage wages in practice. In Eswatini, the issue of minimum wages is provided for by the Wages Act of 1964. And in terms of this act, um, the fixing of wages is, uh, conducted through tripartite wages councils. So far, the Kingdom has 18 wages councils, which cover the regulated sectors of the economy. So under the current dispensation, the sectoral wage. The sectoral wage setting system only covers those sectors for which a wages council has been constituted. This, in a way, tries to deal with the issue of unfairness when it comes to wage setting in that it involves the tripartite setting. It, it, it, it, it, yeah, it involves the tripartite setting. Thank you. I submit.


Eswatini · Senior Planning Officer, Ministry of Economic Planning and Development [2:53:28]:

You, head of delegation. I would like to respond on the issue of high youth unemployment in Eswatini. Youth unemployment remains one of the most serious challenges facing Eswatini, with a high youth unemployment rate and the number of youth not in employment, not in education, and not in training. Government is responding in three ways. First, government is responding in terms of skills and work experience. The Eswatini Youth Empowerment Program, led by the Minister of Economic Planning with the support from partners, is placing graduates in internship and providing artisan skills training for young people who want to acquire skills and start their businesses. Secondly, government is responding in terms of enterprise and finance. Government has set up the Youth Enterprise Revolving Fund, which offers collateral-free loans of up to 200,000 Malawi, that is equivalent to 1,197, 11,000, excuse me, US dollar, 11,971.94 US dollar to support young people to start their own businesses. Thirdly, government is responding in terms of job creation. In the current financial year, government has allocated budget towards infrastructure, building of factory shells, and under the rural development program. And this investment is expected to open over 10,000 jobs for young people. Also, there are partners such as the World Bank that are supporting government in terms of the projects that is focusing on youth empowerment and economic opportunities that will also bring in opportunities for young people in three domains that we can elaborate on when we do our submissions. In a nutshell, the government of Swatini acknowledges that jobs are still too few compared to the number of young people that graduate from the school system and the need to strengthen the linkages between training and the labor market. With regard to the issue of poverty in the Shiselweni region, the government of eSwatini would like to acknowledge that poverty rates are high, particularly in the Shiselweni region and the Lubombo region, and is working on a number of programs to ensure that those regions, they are able to overcome the poverty. First is the area of climate resilience, agriculture, and irrigation. Through the LUCI project, government is expanding Usutu River irrigation infrastructure into the Dry Lubombo region and the Shiselhoni region to enable smallholder farmers to transition from rain-fed subsistence farming to commercial farming. These are the regions that are prone to disaster, hence the need to focus on them. Secondly, infrastructure and rural development. Government, with the support from partners, is rolling out the rural electrification program to prioritize low-income rural households to be able to connect to electricity. Thirdly, there's targeted social safety nets and food security. In partnership with the WFP, the National Disaster Management Agency deploys targeted seasonal cash transfers and food for assets programs during drought cycle. Furthermore, government is implementing the home growth school feed and school feeding program. whereby farmers are able to produce and sell their products to schools as a way to ensure that they improve their livelihoods. There is also financial inclusion that is particularly focused on women and young people, whereby women are empowered to start their businesses and to access credit for their small income generating program. I thank you.


Eswatini · Promotional Officer, Ministry of Commerce, Trade and Industry [2:58:28]:

Maybe to add on the issue of what government is doing to address youth unemployment, the Kingdom of Eswatini through the ministry have school programs called Junior Achievement, which is aimed to equip young people with entrepreneurship, financial literacy, and work readiness skills to enable them to start and manage their businesses. and make informed financial decisions to become economically productive. This program is run through all high schools in the Kingdom of Eswatini. And also, there's another program called Enetaz, which aims to empower university students to use entrepreneurship skills, innovation, and business principles to develop sustainable solutions to social and economic and environmental challenges in their communities. I submit.


CESCR · Chair [2:59:46]:

Thank you, Your Excellency. Thank you for the responses. And I would now request Ms. Chen to kindly pose her questions under cluster three. You have the floor.


CESCR · Member [3:00:00]:

Thank you, Madam Chair. Cluster three covers Article 10, protection of the family and children. Article 11, right to an adequate standard of living. Article 12, right to physical and mental health. Regarding protection of the family and children, according to the State Party report, there exists a persistence of harmful customary practices and child marriages in the country. Violence against children and women is prevalent. 34 percentage of children under five do not have birth registration. Sexual exploitation and abuse of children are prevalent. Although relevant laws and policies have been introduced, traditional customs are deeply rooted. and women suffer from gender-based violence and workplace bias. Violence against women and girls has intensified, and the situation on women's rights is worrying. So please provide updated information on the efforts made, measures taken by the State Party and the impact thereof in responding to the above issues, including: 1. In the State Party, has there been a comprehensive and overall review or plan to review in order to address the problems of marriage under customary law? or only rely on solving problems case by case and their case law? Two, the issue of forced marriage of children, according to the State Party report, several children have been removed from forced marriages and cases. So what is the current situation of more other children? Please introduce. Three, what's the current situation on sexual exploitation and abuse of children? What measures taken to better protect children and eliminate those exploitation and abuse? And please provide relevant reference and data. And are there any further efforts and measures? Four. Regarding violence against children and women, apart from other measures, I hope to know more about the role of education in addressing this issue. Are there any other targeted education and training programmes besides setting up educational programmes on television? For example, on domestic violence, education for parents, elders, and male members. on campus violence, education for teachers, on workplace violence, education for employees, especially employer and management, et cetera? Five, what kind of measures taken to accelerate the resolution of birth registration for children under five years old and updated data? Six, Regarding the social welfare program, in paragraph 123 of the report, it is said that to implement comprehensive social welfare services focusing on all vulnerable groups, and then it listed what the vulnerable groups are, including poor families, older persons, persons with disabilities, children, drug addicts, persons affected with HIV and AIDS. Why wasn't there any mention of women? In fact, women are the most vulnerable. The other Paris of the report also indicate this point. So, could the delegation introduce what a social welfare program is for women? Seven. Seven. Regarding aging group, how is the aging situation in the country? What are the special rights protection arrangements for the elderly? What is the scope and the proportion of elderly subsidies distributed? What is the scope and the proportion of free elderly health care? Please introduce further. Regarding standard of living, although there are multiple strategic plans such as poverty eradication and sustainable development, as well as measures such as the zero-hunger strategy, according to the report, However, there is still a serious situation of poverty and extreme poverty in the country, with a high proportion of people living in poverty, a large urban-rural gap, high inequality, food insecurity, especially among rural and informal settlement communities. housing insecurity and the lack of security of tenure, particularly in rural communities and informal settlements, undermining protection against forced eviction. All of these have big gaps with the requirements of the Covenant. The questions are: one, Please provide further information on the measures taken by the State Party to address the above issues, including the input of governmental, financial, and other resources support, particularly support to the rural areas. And what measures has the State Party taken to narrow the gap with the requirements of the Covenant, whether and how to implement the poverty reduction tasks under the UN 2030 Agenda for Sustainable Development. Please also introduce future strategic goals on poverty reduction, if there's any, and the specific steps to realize the goals. Two, in paragraph 215 of the report, It refers to the situation of a lack of land policy and legislation, including cases where farmland is used for real estate in the homestead, and ecosystems are damaged, which directly threaten food production. So please provide updated information on the current situation, including whether there is any improvement, have policies and legislation being introduced, or have there any timetable to introduce. Three, clean water resources are related to safety and health. Strengthening of policies and continuous monitoring of the water quality can enable to minimize threats due to water pollution. Meanwhile, in addition to other relevant measures, pollution discharge is an important part. So please introduce above the practice of the State Party on sewage discharge. Regarding right to health. According to the State Party report and other information, serious issues exist in the State Party ensuring citizens' right to health, including several groups at risk of not being able to enjoy their right to health. Scarcity of health care facilities, particularly in rural areas, staff and medicine shortages, and financial barriers to accessing care, particularly affecting people in rural and low-income communities. There are information indicating that some patients have been denied admission, and the largest referral hospital has even experienced serious threats to patient safety, such as closure and power outages frequently. And the situation on lack of mental health is also very serious, in particular for victims of violence, including excessive use of force by law enforcement. There are also high rate of teenage pregnancy and high HIV prevalence. Could the delegation provide information on the efforts made and measures taken by the State Party in addressing these challenges and resolving those issues, including: 1. What measures have been taken to more effectively address this shortage? of medical facilities, medical staff, and medicine, especially in rural areas? And what measures have been taken to eliminate financial barriers? Are there any preferential measures in place for rural and low-income communities? And how is the effectiveness? Two. Regarding the comprehensive vaccination plan for children under five years old, according to the data in the replies to the list of issues, there is still a significant gap. Please further explain efforts made and impact thereof in achieving comprehensive vaccination for children. Three, in the mental health strategic plan, What measures taken to strengthen the capacity building of enhancing mental health? Are there any special care to give to victims of violence? Four, regarding high HIV infection rate, although there are many comprehensive coping strategies, The infection rate is still high, and the mortality rate is the largest cause of death for many years, according to the report. So what efforts made by the state party to explore the root reason and develop more effective methods to control and govern this issue? Five. The issue of teenage pregnancy is related to young girls' lifetime health, and it is also a social problem that requires more attention and more comprehensive solutions. Please introduce what measures have been taken and what further comprehensive actions will be taken to prevent, reduce, and eliminate this issue. Thank you.


CESCR · Chair [3:12:29]:

Thank you, Ms. Chen, for your questions. Your Excellency, that's good homework for you and your delegation to work overnight, but we look forward to seeing you all tomorrow. We will, of course, close this meeting of our State Party review with Eswatini at the moment, but I do request my colleagues to kindly stay back after the distinguished delegation has left the room, because there are some announcements I wish to make and we still have about five minutes time. So I request Committee colleagues to kindly remain seated. Thank you so much, ma'am, and have a very good evening.