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WOMEN’S RIGHTS IN CEDAW AND THE SWAZILAND
CONSTITUTION
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INTRODUCTION
Why this booklet? There have been a number of significant developments relating to the protection and promotion of women‟s rights in Swaziland. Key amongst these have been the accession in 2004, by the Government of Swaziland of the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and the adoption of the new national Constitution of Swaziland in 2005 which recognises women‟s rights and freedoms. It is important that women in Swaziland are aware of the rights that are recognised and protected by these two documents so that they can use the law to assert these rights and in this way improve their lives. It is also be important that women understand which rights are not yet recognised or protected in the law so that they can participate in and support initiatives to change these laws or practices that continue to discriminate against them. This booklet therefore explains what CEDAW and the Swaziland Constitution state with respect to women and their participation in the different spheres - namely social, economic, political, cultural, legal, political – spheres of life.
Sections in the Booklet
The booklet is divided into the following sections:
Section 1: Provisions of CEDAW and the Constitution Relating to Equality and Non-discrimination Against Women
Section 2: Provisions of CEDAW and the Constitution on Specific Issues
I. Definition of Discrimination II. Legal Status of Women III. Social Issues IV. Economic Issues V. Political Issues VI. Specific Protection for Rural Women
Section 3: What Needs to be Done to Promote and Protect Women‟s Rights in
Swaziland in Compliance with CEDAW and the Constitution?
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SECTION 1: PROVISIONS OF CEDAW AND THE CONSTITUTION RELATING TO EQUALITY AND NON-DISCRIMINATION AGAINST WOMEN
Convention on the Elimination of All forms of Discrimination Against Women (CEDAW)
In 2004, the Swaziland Government ratified the United Nations Convention on the Elimination of All forms of Discrimination Against Women. This Convention (which is popularly known as “CEDAW” or the “Women‟s Convention”) has been referred to as the international bill of rights for women as it addresses the various issues affecting women‟s lives wherever they are in the world. The Convention‟s provisions contain the following key issues:
the definition of discrimination; that women should not be discriminated against in any area of life; that Governments should ensure that where there is discrimination, whether in terms of
the law, practice or in any other way, that discrimination should be abolished and those who continue to discriminate be punished;
that Government should ensure that programmes should be developed and implemented to promote and encourage the greater participation of women in all areas of life;
that Governments should submit periodic reports to the UN Committee on the Elimination of All forms of Discrimination Against Women on the progress it has made in removing discrimination in the country.
CEDAW’S PROVISIONS ON EQUALITY AND ELIMINATING DISCRIINATION AGAINST
WOMEN
Article Issue Addressed
1. Definition of discrimination against women
2. States obligations to pursue a policy of eliminating discrimination against women by undertaking legislative and other measures to this effect
3. Measures to promote women‟s full development and advancement
4. Acceleration of measures to attain equality between women and men
5(a). Modification of social and cultural patterns of conduct based on superiority/ inferiority and stereotyped roles of the sexes
5(b). Promoting understanding and recognition of maternity as a social function and the common responsibilities of women and men in children‟s upbringing and development in the best interests of the child
6. Suppression of all forms of trafficking and exploitation of prostitution of women
7. Women‟s equal participation in political and public life
8. Representation of government at international level and participation in the work of international organisations
9. Nationality
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10. Equality in education
11. Women‟s rights in employment
12. Women‟s health and reproductive rights
13. Elimination of discrimination against women in economic social life
14. Specific provisions for rural women
15. Equality before the law and in legal capacity
16. Rights and responsibilities relating to marriage, children, and property
Constitution of the Kingdom of Swaziland In 2005 Swaziland adopted her new national Constitution which began operating on 8th February 2006. This is an important document as it is now the supreme law of Swaziland and must be respected by all in the country. Amongst the provisions in the Constitution, there is a chapter on the fundamental human rights and freedoms of the individual. There are also a number of provisions that specifically deal with addressing women‟s rights and gender equality.
SPECIFIC CONSTITUTIONAL PROVISIONS ON EQUALITY AND NON-DISCRIMINATION
AGAINST WOMEN
Section Issue Addressed
20. Equality before the law and non-discrimination
27. Rights and protection of the family, including of maternity and motherhood
28. Rights and freedoms of women
29. Rights of the child
32. Rights of workers, including maternity protection for working mothers
34. Property rights of spouses
60. Gender balance in all constitutional and other bodies
86. Representation of women in Parliament
94(2) Election of women Senators by the House of Assembly
94(3) Appointment of women by the King into Senate
95(2). Appointment of women by the King into the House of Assembly
95(3) Election of four additional women members of Parliament
211. Gender equality in accessing land
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SECTION 2: PROVISIONS OF CEDAW AND THE CONSTITUTION ON SPECIFIC
ISSUES
I. DEFINITION OF DISCRIMINATION Women and girls in Swaziland have often encountered problems in the various dimensions of their lives just because they are female. Often these problems have been a result of women or girls being treated differently by the law, culture or by institutions and people because of negative attitudes regarding what women‟s positions should be in society. Such actions against women and girls which have had a negative effect on them and have contributed to preventing women‟s full enjoyment of their human rights can be regarded as discrimination against women. Such discrimination has often resulted in women and girls being abused and not advancing to reach their full potential in the various areas of their lives. It is therefore important that any discrimination that exists is removed to allow women and girls to progress for their own benefit, that of their families as well as that of the nation as a whole. It is therefore important to understand how CEDAW and the Constitution define discrimination in order to understand which types of behaviour are regarded as negative towards women.
In Article 1 CEDAW states that discrimination against women means: any treatment given to women/ girls that is different to that given to men/ boys which is meant to either leave them out, or limit them from participating equally in the political, economic, cultural, civil or any other sphere of life. This different treatment has to have the intention or effect of interfering with women‟s enjoyment of their fundamental human rights.
Section 20 of the Constitution states that discrimination is: different treatment to different persons because of their: gender; race; colour; ethnic origin; birth; tribe; creed; religion; social standing; economic standing; political opinion; age; or disability.
Any act towards women which entails that described above is a violation of women‟s rights and is therefore regarded as discrimination against women. Legal action or any other recourse can be taken against those people or institutions that discriminate against women in this way.
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II. LEGAL STATUS OF WOMEN
What are the problems for women?
Legal capacity relates to the ability to conduct legal acts in terms of the law such as conclude valid contracts and represent yourself in legal proceedings. In Swaziland a person attains full legal capacity at the age of majority which is 21 years of age. However, for women, they may lose their full legal capacity on entering into certain types of marriages. Therefore, problems encountered by women with respect to legal capacity include the following:
Perpetual minority status under Swazi law and custom Minority status due to marriage (in which the husband has marital power) which
has the following effect: i. a woman cannot conclude legal transactions – for example, accessing a
loan - without the assistance of her husband ii. a woman cannot register title deed land in her own name iii. a woman cannot represent herself in legal proceedings
What does CEDAW say?
Article 15 of CEDAW states that there should be equality between women and men before the law. This equality includes the following:
equality in legal capacity; women and men having the same opportunities to exercise their legal capacity; equal rights to conclude contracts; equal rights to administer property; women and men having the same rights with regard to the law relating to the
movement of persons and the freedom to choose their residence and domicile.
Article 15 also states that anything that is aims to restrict or has the effect of restricting the legal capacity of women shall be deemed null and void (invalid).
What does the Constitution say?
Section 20 states that „all persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.‟
CEDAW and the Constitution are in agreement that there should be equality between women and men in terms of the law and in terms of their protection by the law. Discriminatory limitations again women of their legal capacity are not only against CEDAW but are also unconstitutional and therefore invalid.
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III. SOCIAL ISSUES There are a number of social issues in which women and girls face discrimination. These include:
1. Education 2. Health 3. Gender-based violence 4. Family related issues such as custody of children, inheritance 5. Citizenship 6. Culture and tradition
It is important to understand what challenges women face in these areas of life and what CEDAW and the Constitution say about eliminating discrimination in this regard.
1. EDUCATION
What are the challenges facing women and girls in education?
The challenges encountered by women and girls in education include the following:
inequality in educational opportunities; diversion to stereotypical subjects such as home economic and away from
mathematical, science and technical subjects which determine and limit skills acquisition and ultimately affect the choice of a future profession or vocation;
gendered bias in educational material and curricula which promote the stereotypes of certain professions being more suitable for girls and other being more suitable for boys;
son preference for education and the resulting lack or limited investment in educating girl-children;
the effect of pregnancy on girls‟ ability to continue with education. What does CEDAW say?
Article 10 states that women have equal rights in the education sphere. This means equality in:
opportunities and conditions for career and vocational guidance. accessing studies and for the achievement of qualifications in educational institutions
of all categories in rural as well as in urban areas including ;pre-school, general, technical, professional and higher technical education.
accessing all types of vocational training. undertaking same curricula and the same examinations. opportunities to benefit from scholarships and other study grants. opportunities to participate actively in sports and physical education. accessing specific educational information to help to ensure the health and well-being
of families, including information and advice on family planning.
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Article 10 also states that for women to benefit equally in education, the following should be undertaken:
textbooks and school programmes should be revised to remove gender bias and stereotypes.
teaching methods should be adapted appropriately to remove gender bias. teaching staff with qualifications of the same standard should be made available
equally to women/ girls and men/ boys. school premises and equipment used by women/ girls and men/ boys should be of the
same quality. co-education should be encouraged. programmes should be implemented to reduce female student drop-out rates. programmes for girls and women who have left school prematurely should be
organised and implemented. What does the Constitution say? The Constitution contains the following sections that relate to equality of women and girls in accessing education:
Section 28(1) states that women have equal rights, including in social activities (which
includes education). Section 28(2) states that Government will provide women with facilities and
opportunities to advance themselves where there are resources available. Section 29(6) states that every Swazi child will have the right to free education in
public schools beginning with the first grade at least up to the end of primary school three years after the Constitution has begun to operate (that is, in 2009).
Section 60(8) states that the State shall promote free and compulsory basic education for all.
2. HEALTH
What are the challenges facing women and girls in health?
Issues of health and access to healthcare are important for all people and in particular for women because of the reproductive roles that they play in bearing children. Some challenges faced by women in regard to issues of healthcare include the following:
access to healthcare and treatment in general. access specifically to reproductive healthcare: abortion, contraception, sterilisation. access to pre-natal and post-natal care.
What does CEDAW say?
Article 12 deals with women‟s health and reproductive rights and states that Government should:
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eliminate all discrimination against women in the field of health care. ensure equality in access to health care services, including those related to family
planning. provide appropriate services in connection with pregnancy, confinement and the post-
natal period, granting free services where necessary. ensure adequate nutrition during pregnancy and lactation. .
Article 5(b) states that Government must ensure that:
family education includes a proper understanding of maternity as a social function. there is acceptance that men and women have a common and equal responsibility in
the upbringing and development of their children, with the best interests of the children being the primary consideration at all times.
What does the Constitution say?
Section 27(4) states that „motherhood and childhood are entitled to special care and assistance by society and the State‟.
Section 60 states that ‘…the State… shall take all practical measures to ensure the provision of basic health care services to the population.‟
3. GENDER-BASED VIOLENCE What are the problems faced by women in respect of gender-based violence?
increase in the rate of violence against women and girl-children. there are many types of violence committed against women and girls: rape, sexual
assault, murder, etc. almost all locations have become places where violence is committed against women
and girls, including homes, schools and other educational institutions; the workplace; churches; etc.
new forms of violence are being now being committed against women, for example human trafficking (which is the sale of women under false pretences of better lives or employment for exploitation in forced labour or for sexual purposes)
some forms of violence, in particular, sexual violence carries the risk of infection with sexually transmitted infections, including HIV
the laws relating to gender-based violence are outdated and inadequate there are insufficient resources in terms of finances, personnel and equipment to deal
with gender-based violence cases, e.g., : police, prosecutors, doctors, counsellors, courts, etc.
cases take a long time to be finalised in court and often perpetrators are set free due to loss of evidence and other complications in the cases due to the delay.
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What does CEDAW say? CEDAW does not mention gender-based violence specifically but addresses it in the following way:
Discrimination against women is a form of gender-based violence therefore by prohibiting discrimination is prohibiting violence.
Article 6 states that government must make laws addressing human trafficking and the exploitation of prostitution of women as specific forms of violence against women.
What does the Constitution say? The Constitution also does not mention gender-based violence per se but recognises the following rights:
a. the right to life (section 15) b. the right to personal liberty (section 16) c. protection from slavery and forced labour (section 17) d. protection from inhuman or degrading treatment (section 18)
These rights together ensure that the Constitution recognises that people, including
women should live secure lives free from violence of any sort being committed against them.
4. FAMILY-RELATED ISSUES
i. MARRIAGE What are the challenges facing women and girls with respect to marriage? Some of the problems that are faced by women and girls in relation to the issue of marriage are: consent to marriage, particularly with respect to customary marriage. consequences of marriage and exercise of certain rights in the course of the marriage,
e.g, such as the loss of full legal capacity on marriage. termination of marriage, including whether a customary marriage can be terminated. registration of customary marriages. equal benefit from matrimonial property both during the marriage and after its
termination.
What does CEDAW say?
Article 16 states that discrimination against women in all matters relating to marriage and family relations should be eliminated and that women and men have the same rights: to enter into marriage. to freely choose a spouse.
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to enter into marriage only with their free and full consent. during marriage and at its dissolution as well as the same responsibilities. to personal rights as husband and wife, including the right to choose a family name, a
profession and an occupation. as spouses, in respect of the ownership, acquisition, management, administration,
enjoyment and disposition of property, whether free of charge or at a cost.
Article 16 also states that: the betrothal and the marriage of a child shall have no legal effect. a minimum age for marriage should be specified in the law. official registration of marriages should be compulsory .
Article 13 provides for the elimination of discrimination against women in economic and social life, including:
the right to family benefits. the right to bank loans, mortgages and other forms of financial credit.
What does the Constitution say? Section 27 deals with the rights and protection of the family and states that:
men and women of marriageable age have a right to marry and found a family.. marriage shall be entered into only with the free and full consent of the intending
spouses.
Section 28 states that:
a woman cannot be forced to undertake a customary practice that she is opposed to which means that forceful marriages or betrothals cannot be justified as custom and even if they are custom they are unconstitutional and therefore invalid.
Section 34 deals with the property rights of spouses and states that:
a surviving spouse has a right to a reasonable share of the estate of the deceased spouse regardless of whether there was a will or not and whether the marriages was according to customary law or by civil rites.
Parliament should make law in respect of the property right of spouses, including common-law husband and wife (that is, a man and woman who have been living together as husband and wife for at least a defined period of time).
ii. CHILDREN What are the challenges facing women in respect of their children? Some common challenges faced by women include issues relating to:
custody and guardianship. maintenance (contributing to providing basic needs) of children by their fathers.
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What does CEDAW say? Article 16 deals addresses equality in rights and responsibilities relating to children. This means that: , women and men have the same rights and responsibilities as parents, irrespective of their
marital status, in matters relating to their children. women and men have the same rights to decide freely and responsibly on the number and
spacing of their children and to have access to the information, education and means to enable them to exercise these rights.
women and men have the same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation.
Article 16 also states that in all matters related to children, the interests of the children should be paramount.
What does the Constitution say? Section 27 deals with the rights and protection of the family and states that: childhood [is] entitled to special care and assistance by society and the State Section 29 deals with the rights of the child and states that: the child has the right to be properly cared for and brought up by parents or other lawful
authority in place of parents. children, whether born in or out of wedlock, shall enjoy the same protection and rights. Section 31 states that the status of illegitimacy of people born out of wedlock is abolished
which means that all children are now equal and entitled to equal protection and benefits from their parents.
5. CULTURE AND TRADITION What are the problems faced by women in relation to culture and tradition? Culture and tradition have been used to justify discriminating against women in the different areas of their lives such as in:
access to and control of resources, e.g, Swazi Nation Land deprival of inheritance benefits and property-grabbing making decisions with respect to sexual and reproductive rights forceful compliance with various customary practices such as kwendziswa; kuteka,
lobola, kuzila, etc.
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What does CEDAW say?
Article 1 states that discrimination against women in all areas, including culture must be eliminated.
Article 2 states that:
i. Government should take all appropriate measures, including legislation, „to modify or abolish existing…..customs and practices, which constitute discrimination against women‟
ii. Government should punish all acts of discrimination on whatever basis Article 3 states that Government should take appropriate measure in all fields,
including cultural, to ensure that women advance and that their human rights are guaranteed on a basis of equality with men.
Article 5(a) states that Government must ensure the modification of social and cultural
patterns of conduct of men and women so as to eliminate prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.
What does the Constitution say?
Section 20 provides for the equality of all persons in all spheres of life whether political, economic, social and cultural
Section 28 provides for the rights and freedoms of women and states that „a woman shall not be compelled to undergo or uphold any custom to which she is opposed‟
Section 115(7) lists the following as issues that will continue to be regulated by Swazi law and custom:
i. the status, powers and privileges of the Ngwenyama, Ndlovukazi or Untfwanenkhosi Lomkhulu
ii. the organisation, powers, or administration of Swazi (customary) courts or chiefs‟ courts;
iii. Swazi law and custom, or the ascertainment or recording of Swazi law and custom;
iv. Swazi nation land v. Incwala, Umhlanga (Reed Dance). Libutfo (Regimental
system) or similar cultural activity or organisation.
6. NATIONALITY/ CITIZENSHIP What are the problems faced by women in relation to nationality/ citizenship?
Women cannot pass on their Swazi citizenship to their children from non-Swazi fathers
as of right by virtue of being Swazi citizens Women cannot pass on their Swazi citizenship to their non-Swazi husbands as of right
by virtue of being Swazi citizens
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As a result of the above the following rights to national benefits are affected:. a. access to free education; b. access to government educational grants and scholarships; c. access to certain social services; d. the right to participate in the country‟s political processes such as voting
and standing as a candidate in national elections. e. right to obtain national identity documents, travel documents and
passports. f. the right to represent the country internationally whether in sports, or other
public positions, e.g., being an ambassador of Swaziland. What does CEDAW say?
Article 9 states that:
women have equal rights with men to acquire, change or retain their nationality neither marriage to an alien nor change of nationality by the husband during marriage
shall automatically change the nationality of the wife, make her stateless or force her to take the nationality of her husband
women have equal rights with men with respect to the nationality of their children
What does the Constitution say? Chapter 4 (Sections 40 – 55) of the Constitution deals with the various issues relating to citizenship. In terms of the Constitution:
a woman cannot pass on her Swazi citizenship as of right a child is automatically a Swazi citizen by birth if the father is a Swazi citizen a child may only claim Swazi citizenship though his/ her mother where that child is not
claimed by his/ her non-Swazi father according to Swazi law and custom there is no recognition of a non-Swazi husband obtaining citizenship by virtue of
marriage although there is provision for a non-Swazi woman to obtain Swazi citizenship by virtue of her marriage to a Swazi man
Discrimination Continues Against Women in Swaziland in Issues of Nationality/ Citizenship As can be seen from the above, while CEDAW recognises the equality of women and men in matters of nationality and citizenship, the Swaziland Constitution does not as it treats women and men differently. The Constitution discriminates against Swazi women when it comes to citizenship and hence does not comply with CEDAW which does not accept discrimination against women in any area of life whatsoever.
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IV. ECONOMIC ISSUES The challenges faced by women in the economic sphere of life include problems related to the following:
1. employment 2. access to and control of resources
1. EMPLOYMENT
What are the problems faced by women in relation to employment?
Some of the issues faced by women in the area of employment are the following: discrimination with respect to recruitment. discrimination in equal pay for equal work. non-equality in employment benefits. discrimination with respect to promotion opportunities. maternity protection benefits.
What does CEDAW say?
Article 11 states that women and men should enjoy the right to employment equally. This means that:
women and men should enjoy the right to work as an inalienable right. same employment opportunities should be given to women and men. the same criteria should be applied for women and men for selection in matters of
employment. women and men have the same right to free choice of profession and
employment. the right to promotion should be enjoyed equally by women and men. job security and all benefits and conditions of service should be enjoyed equally by
women and men. the right to receive vocational training and retraining, including apprenticeships,
advanced vocational training and recurrent training should enjoyed equally by women and men.
women and men have the same right to equal remuneration, including benefits. women and men have the same right to equal treatment in respect of work of
equal value. women and men have the same equality of treatment in the evaluation of the
quality of work. the right to social security, particularly in cases of retirement, unemployment,
sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave should enjoyed equally by women and men.
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the right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction should enjoyed equally by women and men.
Article 11 also states that Government should:
prohibit dismissal of women from employment on the grounds of pregnancy or of maternity leave.
prohibit discrimination in dismissals on the basis of marital status. introduce maternity leave with pay or with comparable social benefits without loss
of former employment, seniority or social allowances. encourage the provision of the necessary supporting social services to enable
parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities.
provide special protection to women during pregnancy in types of work proved to be harmful to them.
What does the Constitution say?
Section 32 which deals with the rights of workers states that:
The employer of a female worker shall make sure that the relevant protection before and after child birth in accordance with law is made available to that worker
Parliament should enact laws to ensure: (a) satisfactory, safe and healthy working conditions; (b) equal payment for equal work without discrimination; (c) that every worker is given rest and reasonable working hours and periods
of holidays with pay as well as payment for public holidays; (d) protection of employees from victimisation and unfair dismissal or
treatment.
2. ACCESS TO AND CONTROL OF RESOURCES
What are the problems faced by women in relation to access to resources? Discrimination against women in terms of the law of marriage, customary law or that related to their legal capacity as discussed above has negatively affected women‟s access to and control of resources such that women experience challenges in the following areas: Inability of women to conclude certain contracts independently of assistance by their
husbands. Inability to access financial credit without their husband‟s assistance. Inability of register title deed land in their own names. Inability of women to access Swazi Nation land without the assistance of a male
relative.
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As a result of this many women have not been able to advance themselves as they have: not been unable to set up business or entrepreneurial ventures; lost their homes either because they had been used as security by husbands without
their knowledge or consent or because they have been evicted.
What does CEDAW say? Article 13 provides for the elimination of discrimination against women in economic and social life and states that women and men should enjoy in equality:
the right to bank loans, mortgages and other forms of financial credit. What does the Constitution say? Section 20 provides fro equality in all spheres of life, including in the economic sphere. Section 28 states that:
women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
where resources are available, Government shall provide facilities and opportunities for women to realise their full potential and advancement.
Section 59 deals with economic objectives and states that:
Government will give equality of economic opportunity to all citizens. Government will take all necessary steps so as to ensure the full integration of women
into the mainstream of economic development.
Section 211 deals with land and states that every Swazi citizen regardless of gender shall have access to land for „normal domestic purposes.‟
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V. POLITICAL ISSUES What are the problems faced by women in relation to leadership and decision-making? There are a number of challenges faced by women in the area of leadership and decision-making which include the following:
Despite the fact that women make up a majority of the population, they are not visible in leadership and decision-making positions at all levels and in the various sectors of society, whether public, private and even within some civil society organisations. Such positions could include being Members of Parliament, Ministers, Principal Secetaries, Judges, Chief Executive Officers, Directors in the public or private sectors, Members of Public Commissions, Ambassadors, etc.
There are still very few women at the national leadership levels of Parliament and Cabinet.
The limited representation of women at leadership and decision-making levels could contribute to the formulation and implementation of gender insensitive policies, laws and national programmes because women will not have been able to contribute their perspectives on some of the issues being decided upon, e.g, a gender-insensitive budget.
While the law may not discriminate against women‟s participation and the ledadership level, gender stereotypes have created attitudes and beliefs that women‟s place is not within the public arena, and in particular at leadership level but that her palce is within the domestic arena where she should be responsible for household duties and the raising and nurturing of children.
Many institutions are not gender-sensitive at the leadership level and fail to take account of women‟s additional reproductive roles and therefore contribute to keeping women out of these positions.
What does CEDAW say? Article 7 deals with women‟s equal participation in political and public life and states that Government should eliminate discrimination against women in the political and public life of the Country and should make sure that there is equality between women and men in enjoying the rights to:
vote in all elections and public referenda. be eligible for election to all publicly elected bodies. participate in the formulation of government policy and the implementation thereof. to hold public office and perform all public functions at all levels of government. participate in non-governmental organisations and associations concerned with the
public and political life of the country. Article 8 addresses equality of women and men in representing government at international level and participation in the work of international organisations and states that:
Government will remove any discrimination and provide equal opportunities for women and men in this area.
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What does the Constitution say?
Section 20 recognises women‟s right to equality in the political sphere. Section 28 also recognises women‟s right to equality in the political sphere and states
that where resources allow, Government should give women the opportunity to advance themselves and reach their full potential.
Section 58 which deals with political objectives states that Government shall empower and encourage the active participation of all citizens at all levels in their own governance.
Section 60 which deals with social objectives states that Government shall ensure gender balance and fair representation of marginalized groups in all constitutional and other bodies.
Section 84(2) states that the women of Swaziland and other marginalized groups have a right to equitable representation in Parliament and other public structures.
Section 86 states that should be at least 30% women in Parliament and where the number of women is less than this, a special procedure will be undertaken to add more women to the House of Assembly.
Section 94(2) states that of the 10 Senators elected by the House of Assembly after an election, half should be women;
Section 94(3) states that of the King‟s 20 appointees to Senate, 8 should be women. Section 95(2) states that of the King‟s 10 appointees to the House of Assembly, half
should be women. Section 95(3) provides for the special procedure for adding 4 additional women
Members of Parliament.
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VI. SPECIFIC PROTECTION FOR RURAL WOMEN What are the challenges faced by rural women as a specific group? Women in rural areas are often additionally discriminated against because of their geographical location in that development programmes and projects usually take place far from them and many services are not easily accessible to them due to both distance and cost. Therefore women in the rural areas tend to be left out from progress and do not benefit as much as women in the urban areas which affect their own advancement and that of their families and communities. Article 14 specifically recognises the rights of rural women to equality and states that Government should:
recognise the particular problems faced by rural women. recognise the significant role played by rural women in the economic survival of their
families. recognise the work of rural women in the non-monetized sectors of the economy. take all appropriate measures to ensure the application of the provisions of CEDAW to
women in rural areas. Article 14 also states that Government should take all appropriate measures to eliminate discrimination against women in rural areas and make sure that women:
participate in the design and implementation of development planning at all levels. have access to adequate health care facilities, including information, counseling and -
services in family planning. benefit directly from social security programmes. obtain all types of training and education, formal and non-formal, including that relating
to functional literacy. benefit from all community and extension services, in order to increase their technical
proficiency. organise self-help groups and co-operatives in order to obtain equal access to
economic. opportunities through employment or self employment. participate in all community activities. have access to agricultural credit and loans, marketing facilities, appropriate
technology and equal treatment in land and agrarian reform as well as in land resettlement schemes.
enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.
What does the Constitution say? Section 59 deals with economic objectives and contains a specific provision that is relevant to rural women in addition to the various other sections discussed above on eliminating discrimination against women which includes women in rural areas.
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Section 59 (2)(d) states that Government will undertake to establish a healthy and sound economy and will: undertake even and balanced development of all regions and in particular improving the
conditions of life in the rural areas. redress any imbalance in development between the rural and urban areas.
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SECTION 3: WHAT NEEDS TO BE DONE TO PROMOTE AND PROTECT WOMEN’S RIGHTS IN SWAZILAND IN COMPLIANCE WITH CEDAW AND THE
CONSTITUTION?
How can CEDAW be used to protect women against discrimination and ensure that they are treated equally? It is important to note that while CEDAW has been acceded to by Government, it must still be domesticated for it to be binding on the Government so that it is obliged to do all that CEDAW states regarding removing all discrimination against women in Swaziland in all areas of life. This means that:
Parliament must make laws that contain the provisions required by CEDAW. Government must formulate and implement policies and programmes that will be in line
with CEDAW‟s provisions. Article 2 deals with the obligations of Government to pursue a policy of eliminating discrimination against women by undertaking legislative and other measures to this effect. The Article states the Government should without delay:
embody the principle of the equality of men and women in their national constitutions or other appropriate legislation and work, by various means, towards the practical realisation of this principle.
make laws and implement other measures to prohibit all discrimination against women, including the imposing of punishment for being discriminatory.
ensure women‟s equal legal protection against discrimination in courts, tribunals and other public national institutions.
the eliminate discrimination against women by any person, organisation or enterprise. take all appropriate measures, including legislation, to modify or abolish existing laws,
regulations, customs and practices, which constitute discrimination against women. repeal all national penal provisions which constitute discrimination against women.
Article 3 states that Government should take all appropriate measures to ensure the full development and advancement of women so that the equal exercise and enjoyment of their human rights is guaranteed. Article 4 envisages the acceleration of measures to attain equality between women and men through the implementation of temporary affirmative action programmes to redress the imbalances created by inequality which will be discontinued when the objectives of equality of opportunity and treatment have been achieved. Article 5(a) states that Government must ensure that the social and cultural patterns of conduct of men and women are modified so as to eliminate prejudices and customary and all other practices
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which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women. What does the Constitution say? Section 2 states that the Constitution is the supreme law of Swaziland. This means that:
all laws, persons and institutions are bound by the Constitution and must respect it; all laws that do not comply with the Constitution are invalid; any action that is contrary to the Constitution‟s provisions is unconstitutional and whoever
commits that action can be held liable or punished. This therefore means that in the various areas where the Constitution recognises the equality of women and non-discrimination, if a law or someone discriminates against a woman, action can be taken against that law or that person so as to protect the woman‟s human rights. Other Programmes that Can be Implemented to Promote Women’s Enjoyment of their Human Rights Under CEDAW and the Constitution In addition to the review and reform of laws and other measure suggested above aimed at removing discrimination against women, it will also be necessary to conduct additional activities to ensure that women in Swaziland actually benefit from the provisions of CEDAW and the Constitution at a practical level that brings positive changes to their lives. Some possible actions include the following:
Education and awareness-raising of women so that they know their rights and can assert them and not be prevented from enjoying them.
Education and training of key institutions such as traditional authorities, the corporate sector, particularly financial institutions as well as government departments on the implications of CEDAW and the Constitution with regard to the removal of discrimination against women in all their policies, regulations, practices and procedures.
Lobbying traditional authorities to address discriminatory customary practices and encourage them to be discontinued or adapted to reflect the equality of women and men.
Conducting advocacy campaigns for the Government to comply with its obligations under CEDAW and the Constitution.
Raising awareness of men on the importance of recognising, promoting and supporting the removal of all forms of discrimination against women.
Dissemination of information regarding both the violation of the principle of equality and non-discrimination as well as those positive steps
Ongoing monitoring of Government‟s progress in implementing CEDAW and the Constitution with respect to the elimination of discrimination against women.
Submission by Government of progress reports on implementing CEDAW to the UN CEDAW Committee and the nation.
Preparation by NGOs and civil society organisations of “Shadow Reports” (progress reports on CEDAW‟s implementation from the civil society perspective)
Bringing “test- cases” in areas where there is uncertainty because the Constitution contradicts itself such as in the case of citizenship where on the one hand the Constitution
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recognises equality and on the other, discriminates against Swazi women passing on their citizenship.
Everyone has a role to play in ensuring that women‟s human rights are protected and enjoyed by women equally as this is also to the benefit of the society and country as a whole. Therefore the above actions can be undertaken by a variety of stakeholders including Government, the private sector, NGOs and other civil society organisations so that they all contribute to improving the situation of women in Swaziland.