‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Children at Higher Risk

Boys perform physically arduous tasks while herding in the grasslands and mountainous regions, and risk occupational injury and disease from exposure to dangerous tools and chemicals. Traffickers exploit Swati and Mozambican boys in forced labor in agriculture, including cattle herding within the country. Injuries sustained during livestock herding include open wounds, fractures, dislocations and sprains, fever, extreme fatigue, and snake bites. In addition, there are reports that orphaned and vulnerable girls from poor families have been lured into sexual exploitation through promises of employment in neighboring countries, particularly South Africa.

Barriers to Education Access

The government provides funding for free primary education from grade one through grade seven and subsidizes secondary education for a portion of the approximately 70 percent of Eswatini's children who are orphaned or vulnerable; barriers exist to receiving subsidized education including challenges in applying and obtaining documentation. At the lower secondary and upper secondary levels, however, the cost of school fees is a barrier for students whose families lack sufficient funds to sustain their enrollment. Primary schools frequently charge fees in excess of the government grant, requiring families to pay out of pocket. Free primary education grants are also only available to citizens, leaving refugee and migrant children susceptible to exploitation. In addition, there is a shortage of teachers in numerous areas throughout the country and there are difficulties accessing transportation in remote areas, especially during the rainy season. Furthermore, the rate of children unregistered at birth for personal identification numbers remains high, and there were instances where the lack of national identification resulted in children not receiving the assistance they needed to be admitted into schools.

‡ Age calculated based on available information

Section 10 of the Free Primary Education Act requires parents to send their children to school for the completion of primary education, which is typically around ages 12 or 13. As a result, children who complete primary education between ages 12 to 14 are vulnerable to child labor, as they are not required to be in school but also cannot legally work because they are under age 15, the minimum age for unrestricted work. In addition, the Free Primary Education Act funds schooling for citizens for 7 years. The failure to provide free basic education, which is 9 years and includes lower secondary education under international standards, may increase the risk of children's involvement in the worst forms of child labor. Laws related to commercial sexual exploitation of children do not meet international standards because the use of children in prostitution is not criminalized.

While there is some identification of hazardous occupations or activities prohibited for children based on the current legislation, the list is not comprehensive to all hazardous jobs in Eswatini. For example, the Employment Law does not cover herding, for which there is evidence of exposure to dangerous substances and temperatures. In addition, reports indicated that local chiefs required residents, including children, to participate in non-communal tasks such as seasonal weeding. This work was performed through the customary practice of Kuhlehla, a practice in which people render services to the local chief or king. The ILO has requested that the government issue legislation to regulate the nature and conditions of Kuhlehla and ensure that the law explicitly states the voluntary nature of participation in such work.

In 2023, 17 labor inspectors conducted 1,242 worksite inspections. It is unknown how many investigations were conducted into suspected worst forms of child labor crimes, whether any prosecutions were initiated, or perpetrators convicted

For information about USDOL’s projects to address child labor around the world, visit https://www.dol.gov/agencies/ilab/ilab-project-page-search
† Program is funded by the Government of Eswatini.

In Eswatini, freedom of association and collective bargaining rights are limited, with authorities supporting pro-government unions and denying registration to independent unions. The Commissioner of Labor must approve union registrations. Further, workers in export processing zones (EPZ) are prohibited from forming unions. Finally, strikes are only permitted if disputes are unresolved. There have also been instances of police using excessive force against trade unionists during protests, leading to injuries and arrests. These actions have created an environment of fear that hinders workers' ability to organize, advocate for their rights, and report labor abuses, including child labor.

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