UPR Sexual Rights Database

National Report:
Para 9) Since the last review, Eswatini has enacted several legislations that domesticate the various human rights conventions ratified by the country. Some of the enacted legislations include inter alia: - the Sexual Offences and Domestic Violence Act 2018,
Para 36) The Kingdom enacted the Sexual Offences and Domestic Violence (SODV) Act No. 15 of 2018. This Act makes provision concerning sexual offences and domestic violence, prevention and the protection of all persons from harm and acts of domestic violence amongst others. It serves as deterrent to a lot of discrimination, exploitation and mainly violence against women and girls who are considered as the most vulnerable groups of society. Regulations have been recently developed to facilitate holistic implementation of the SODV Act which include the establishment of specific institutions to further enhance the protection of women and children.
Para 47) Section 211(2) of the Constitution of the Kingdom of Eswatini provides that all citizens of Eswatini have access to land regardless of gender. However, post the Constitution, some Chiefdoms followed the traditional system of land allocation. This meant that women only accessed land through males which could either be their husbands, male relative or male child. For some women who were unmarried or widowed, access to land remained a struggle. However, it is worth mentioning that there is now a paradigm shift from the patronage system as most Chiefs are aware of the Constitutional rights of women, thus land is accessible to women without the assistance of a male. Efforts are being made to develop an information management system that will provide statistical data on this development.
Para 112) The enactment of the Sexual Offences and Domestic Violence Act, 2018 and the development of regulations for the implementation of the act: This legislation aims to address the high rates of sexual and gender-based violence in the Kingdom. It makes provision concerning sexual offences and domestic violence, prevention and the protection of all persons from harm and acts of domestic violence amongst others. The development of Regulations is to realise the holistic implementation of the SODV Act which include the establishment of specific institutions aimed at providing protection for the most vulnerable groups such as women and children.

UN Compilation:
Para 59) The United Nations country team noted with satisfaction that, in 2018, Eswatini had passed the Sexual Offences and Domestic Violence Act into law, and welcomed the strategy, plan of action and guidelines to address gender-based violence. However, the country team regretted the lack of resources for their full implementation. In particular, the country team noted that the Department of Gender and Family Issues remained challenged in terms of human resources and financial resources, and weak coordination of gender issues in the country.

National Report:
Para 11) During the period under review, Eswatini’s jurisprudence on the elimination of discrimination and inequality has made positive strides, thereby protecting and promoting the rights of women in accordance with Sections 20 and 28 of the Constitution and further giving effect to the provisions of the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and other instruments that the country has ratified.
Para 12) In this regard, reference is made to the case of Makhosazane Eunice Sacolo (nee Dlamini) and Another vs. Jukhi Justice Sacolo and 2 Others (1403/16) [2019] SZHC (166) 30th August 2019 wherein the Court declared the common law doctrine of marital power invalid in that it is discriminatory against married women and offends against the Constitutional right to equality before the law and the right to dignity. The Court further declared that spouses married in terms of the Marriage Act 1964 and in Community of Property have equal capacity and authority to administer marital property. Women in Eswatini are now able to buy and sell property, sign contracts, and conduct legal proceedings without their husbands’ consent.
Para 46) Eswatini is currently using the definition of discrimination in terms of section 20 of the Constitution read together with the reviewed Gender policy which has aligned the definition of discrimination with that in CEDAW. A legislation that will comprehensively domesticate CEDAW is yet to be developed. Further, a pack of family law bills have been developed that seek to domesticate certain parts of CEDAW and are currently undergoing stakeholder consultation processes.
Para 52) With regards to the fixed legal age to marry, the country is reviewing the Marriage Act of 1964 which will fix the marriageable age to 18 for both males and females. A draft Marriages Bill is currently undergoing legislative processes.

UN Compilation:
Para 56) The HR Committee noted with concern that several domestic laws contained discriminatory provisions towards women, such as the Marriage Act, and chapter 4 of the Constitution, which differentiated between men and women in the acquisition and transfer of citizenship. The Committee was also concerned that customary law and practices perpetuated inequality between men and women, in particular with regard to inheritance and property rights, and that cultural practices such as polygamy, forced marriage and bride inheritance continued to exist.

Stakeholder Summary:
Para 9) JS2 noted that Eswatini operated a dual legal system with a component on not codified patriarchal systems of traditional norms, which was often in conflict with common law, the constitution and human rights standards, and had resulted in conflicts leading to numerous violations of rights, in particular, women's rights.
Para 52) While welcoming the enactment of the Sexual Offences Domestic Violence Act in 2018, several stakeholders were concerned that Eswatini’s customary norms and practices continued to undermine the rights of women. In JS7’s view, the fact that Swazi Law and Customary law was not codified, it left women vulnerable to abuse.
Para 53) JS6 regretted that the Constitution denied to women the right to transmit citizenship to their children and foreign spouse-a right reserved for men, and that gender discrimination in Eswatini’s nationality law had resulted in wide-ranging human rights violations, including with regard to inheritance, property rights and freedom of movement. JS7 moreover stated that women did not enjoy the same rights as men to seek separation, divorce or annulment of marriage, and were politically marginalised. The authorities have not met the goal of having 30 representatives of Parliament being women.
Para 71) JS6 was concerned that the Nationality law included gender discriminatory provisions that contributed to statelessness, depriving Swazi women and their children of equal protection under the law.