UPR Sexual Rights Database

UN Compilation:
Para 12) … The United Nations country team regretted that Eswatini intended to maintain the law criminalizing same-sex relations.

Stakeholder Summary:
Para 16) AI, JS3 and JS7 stated that LGBTI persons faced stigma and discrimination in Eswatini, and that same-sex relations were criminalized.

National Report:
Para 26) Through the National Emergency Response Council on HIV/AIDS (NERCHA) the government of Swaziland reviewed the National Multi Sectoral strategic Framework for HIV and AIDS 2009-2014 and developed an extended National Multi Sectoral Strategic Framework 2014-2018. The framework guides the national response to HIV and AIDS. The strategy covers issues of prevention, treatment, impact and mitigation including addressing issues of stigma and discrimination.
Para 27) Over and above the aforementioned strategy the country has also enacted Code of Good Practice on Industrial Relations which has specific provisions on HIV and AIDS. The objective of the HIV and AIDS provision is to eliminate discrimination in the workplace based on a person's HIV status.
Para 28) The Government has rolled out a public health initiative in the public sector to contribute in the general health of her employees as well as address stigma and discrimination.

UN Compilation:
Para 77) In 2014, the Extended National Strategic Framework on HIV/AIDS (2014-2018) had been adopted, the main goals of which were: to reduce new HIV infections among adults and children by 50 per cent by 2015; to reduce mortality and morbidity among people living with HIV; to alleviate the socioeconomic impacts of HIV/AIDS among vulnerable groups; and to improve efficiencies and effectiveness in the national response planning, coordination and service delivery.

National Report:
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 48) With regards to representation of women in politics, Eswatini enacted the Election of Women Members into the House of Assembly Act No. 06 of 2018 to ensure that at least 30% of women constitute the House of Assembly, thereby giving effect to section 86 of the Constitution. However, this target has not been met as currently, women legislators constitute 20.38% of the legislators, and 29% at Cabinet.
Para 49) There are still barriers that hinder women’s ability to be elected or appointed into decision making positions such as patriarchy, economic disadvantages, social stereotypes, and socio-political perceptions around women’s leadership. As a mitigating measure, Eswatini is developing a National Strategy on women’s participation in politics and decision-making. This strategy seeks to address barriers to women’s participation.
Para 50) The Elections and Boundaries Commission conducts Civic Voter education to sensitize members of the public on the electoral process before elections. Further Civil Society Organisations conduct educational vote for women campaigns to ensure women’s participation in politics and decision-making structures. Women candidates and nominees are capacitated on leadership and campaigning skills prior to Secondary Elections.

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. The lack of equal representation of women in the public and private sectors, in particular in decision-making positions, was also a matter of concern.
Para 58) While the United Nations country team welcomed the Employment Act, which provided equal pay for equal work, it regretted that women’s participation and representation in politics and positions of influence remained a major challenge. In particular, the country team indicated that women’s representation in parliament still failed to meet the target of 30 per cent as provided for in the Constitution.

Stakeholder Summary:
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 54) JS10 also noted with concern that women were very often unlawfully subjected to land grabbing, evictions and disinheritance, situation that had been heightened by the Covid-19 lockdown where victims have had very limited options to seek redress for rights violations.