Source: Swazi Observer
Recognising National, Regional and International laws on gender equality that Swaziland has promulgated and ratified such as the Constitution of the Kingdom of Swaziland, (2005), Gender Policy (2010) Southern African Development Community on Development and Gender (2008), Protocol to the African

Charter on Human and People’s Rights on the Rights of Women in Africa (2005), Convention on the Elimination of all forms of Discrimination Against Women (1979) and the Beijing Platform of Action( 1995).

And also further recognising the National, Regional and International efforts such as the Vision 2022, SADC Protocol on Gender and Development and African Union’s Decade on Women (2010-2020) all aimed at enhancing women’s participation in leadership and decision making and in particular the requirement of 50 percent women representation in decision making positions by 2015, the Women of Swaziland have declared their aim to see the repeal and removal of all laws, regulations and customs that discriminates against them and also deprive them  of their inherent right to the advantages responsibilities and opportunities that society offers them as equal citizens.

This declaration is carried in the preamble of the recently launched Swaziland Women’s Charter which was an initiative of the Women and Law Southern Africa, Swaziland Charter organisation in conjunction with the Lutsango Lwabo Make women’s brigade.

The charter notes that women constitute more than half of the4 Swazi population forming a single society with men and that women and men have a common interest in the development of the country and that women should not be left behind in that development.

It also raises Concerns that the marginalisation of women continues despite the laws and conventions and that there remain significant gaps between the law and the realities and situations of women on the ground.

It further notes with concern that women are greatly affected by Gender Based Violence and constitute the  most vulnerable members of society susceptible to social ills such as human trafficking and people smuggling including sexual exploitation, teenage pregnancies and are exposed to HIV’/AIDS.

Recognising the inadequacy of the legal system in its current state to appropriately address cases of domestic violence, rape, maintenance of children, inheritance and other matters that affect women’s lives, the charter is mindful that the laws relied upon are archaic having historically been formulated for women by men and are not informed by the genuine needs of those they are intended to protect, with some laws pre-dating Swaziland’s independence of 1968.

It is nevertheless cognisant of the strides and efforts taken by the country to promote the rights of women, and to mitigate the hardships faced by women, children and persons living with disability, while also acknowledging the need to ensure that women attain full realisation and enjoyment of their rights.

“The women of Swaziland therefore affirm all our rights as citizens as provided for in the various women’s human rights instruments that Swaziland is party to, as well as the provisions of the Constitution of the Kingdom of Swaziland, including but not limited to;

1. The right to equality and non-discrimination

2. The right to live without fear of violence

3. The right to equal matrimonial and proprietarily rights within a marriage

4. The right to determine a marriage partner of choice as well as the age of marriage

5. The right to choose the legal regime under which to marry 

6. The right not to be forced or coerced to complying with a cultural practice or custom against one’s will

7. The right to pass on citizens to her children

8. The right to development and welfare

9. The right to education

10. The right to full opportunities for employment with equal pay and possibilities of promotion in all spheres of work

11. The right to participate in the planning, management and preservation of the environment and the use of natural resources

12. The right to access to land and productive resources

13. The right to access to health and reproductive services

14. The right to participation and equal representation in decision-making process

15. The right to participate in matters of governance, including elections and public affairs

16. The right to advocate for and improve the conditions of minority groups such as children, youth and people living with disabilities.

“We, therefore, claim fulfilment of the said rights, including the creation of institutions, policies and laws to ensure full implementation of the intent and provisions of the Constitution of the Kingdom of Swaziland, the African Women’s Protocol, the SADC Gender Protocol, CEDAW  and the Beijing Platform for Action:”

n and we urge that;

1. Equality and Non discrimination

Traditionally, women and men in Swaziland have been treated as unequal, with men having

Superior rights to women due to cultural norms and practices that allow for discrimination against women, based on the fact that they are female. This has resulted in women being treated as lesser citizens, and having unequal access to and exercise of rights in comparison to men. 

Against this background, the Constitution of Swaziland provides for equality and non-discriminating between men and women. In addition, Swaziland has ratified regional and international instruments, such and CEDAW, the SADC Gender Protocol, the African Women’s Protocol and the Beijing Platform for Action among other, that provide for equality and non-discrimination between men and women. To that end, the State must ensure that;

1.1 All laws must ensure that there is no discrimination against women on the grounds of sex, gender, pregnancy, disability, marital status etc. Laws must also provide for the elimination of all forms of discrimination against women.

1.2 All customary laws and practices shall be subservient to the provisions of the Constitution. Only positive cultural practices that do not conflict with the principles of equality and non-discrimination shall be promoted.

1.3 There be equal opportunities for access to and control of resources for men and women, as well as boys and girls.

1.4 Appropriate measures be taken to ensure that past gender imbalances are addressed, including but not limited to measures such as affirmative action.

1.5 The State mainstreams gender into all its policies, regulations, development plans and programmes, legislation and all spheres of life.

1.6 There be promotion of positive cultural and socially accepted patterns of the conduct of women and men through public education, information and other communication strategies.

1.7 That the State takes measures to support local, national, regional and international initiatives aimed at reducing and eradication discrimination against women.

• Swaziland