Displaying 49701 - 49725 of 58160 recommendations found
-
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Rights of same-sex desiring persons
Type:QuestionSession:12th session, October 2011Status:Not Followed up with a RecommendationContents:What plans do you have to enact legislation protecting the right to freedom of sexual orientation? -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- International human rights instruments
Type:QuestionSession:39th Session, November 2021Status:N/AContents:Is the government of Eswatini considering ratifying ... the OP-ICESCR ...? -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:The HR Committee ... recommended that Eswatini ensure that all cases of sexual and gender-based violence were thoroughly investigated, that perpetrators were prosecuted and, if convicted, were punished with appropriate sanctions, and that victims received full reparation; and ensure that victims had access to effective remedies and means of protection, including to an adequate number of psychological and educational centres, and accommodation or shelters, available in all parts of the country. [Para 54]
-
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Domestic violence
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:HKCIJ recommended increasing budget allocation to the Judiciary to address the backlog of cases relating to gender-based violence, including those caused by Covid-19 and ensuring that offenders are brought to justice and victims have access to justice. ... HKCIL also recommended creating a single toll-free hotline to report gender-based violence and domestic violence. [Para 62]
-
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:12th session, October 2011Status:NeglectedContents:Consider taking concrete measures to address occupational sex segregation and ensure that women had access to higher paid jobs. [Para 49; ILO Committee] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Birth registration
Type:Review DocumentationSession:12th session, October 2011Status:N/AContents:"The CRC states that all children have the right to be registered immediately after birth. The Ministry of Home Affairs is responsible for issuing birth certificates of new born babies and other citizens. The birth registration process has been expanded to all main public hospitals in the country. Since 2007 the Government in collaboration with UNICEF has been engaged in a birth registration programme to improve child birth registration across all communities in the country.
The DHS for 2006/2007 put the rate of birth registration of children under 5 years at 30%. The birth registration process has seen an increase in the rate of birth registrations. MICS 2010 reports that the figure has escalated from 30% in 2007 to 49% in 2010. [Paras 45-46]" -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- International human rights instruments
- Gender equality
Type:Review DocumentationSession:12th session, October 2011Status:N/AContents:The initial report and first periodic report on CEDAW has been completed and will be submitted to the treaty monitoring body this year. [Para 98] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Birth registration
Type:Review DocumentationSession:12th session, October 2011Status:Reference AddressedContents:CRC recommended that the State party strengthen and further develop measures to ensure that all children born within the national territory were registered. [Para 37] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Harmful practices based on cultural / traditional values
- Forced marriage
Type:Review DocumentationSession:12th session, October 2011Status:NeglectedContents:JS2 noted that due to the high poverty rate, young women were forcefully married for the payment of the bride price (lobola). Moreover, unless lobola was paid, the woman could not claim to be legally married. [Para 39] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
Type:RecommendationSession:39th Session, November 2021Status:Unclear ResponseContents:Consider carrying out the relevant policies and procedures to prohibit all types of discrimination, based on sexual orientation or gender identity.ExplanationNoted. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:GhanaGhanaRegional groupAfrica GroupPolitical groupAUOIFCommonwealthIssue:
- International human rights instruments
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Intensify efforts to ratify outstanding international treaties and protocols, including the OP-CEDAW. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:AlgeriaAlgeriaRegional groupAfrica GroupPolitical groupAUOICALIssue:
- HIV and AIDS
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Continue to respond to the challenges posed by HIV / AIDS in the country. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Violence against women / gender-based violence
- Training for state personnel on sexual rights issues
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Accelerate the implementation of a multisectoral approach aimed at eradicating gender-based violence, including training for law enforcement, educators and medical personnel, as well as victim support services and accountability of perpetrators of violence. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BelgiumBelgiumRegional groupWEOGPolitical groupEUOIFIssue:
- Sexual abuse
- Domestic violence
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Implement a public education programme, including at community level, to combat domestic violence and raise awareness of the Sexual Offences Domestic Violence Act of 2018. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- International human rights instruments
Type:RecommendationSession:12th session, October 2011Status:No ResponseContents:Sign and ratify both OPs to the ICCPR. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UgandaUgandaRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Carry out reforms to ensure equality for women and prevent their discrimination in law and practice.ImplementationNational Report:
Para 10) Further, Eswatini has made progress in developing sector policies guiding the promotion, protection and enjoyment of human rights as well as improving the livelihoods of Emaswati. These include National Gender Policy, Education and Training Sector Policy 2018 …
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 39) The National Gender Policy 2010 has been reviewed to align it with the Beijing declaration and Platform for Action as well as other regional and international frameworks. This policy will guide gender mainstreaming strategies for the next 10 years (2020–2030). However, due to the COVID 19 pandemic disruptions, it is yet to be implemented and integrated into national budgets.
Para 40) Eswatini has continued to invest in women driven economic empowerment initiatives, with the leadership from government’s strategic roadmap 2019–2023. A case in point is E100 million has been used to establish the Women’s Business Hub in Manzini.
Para 41) The Small, Micro and Medium Enterprise (SMME) Policy 2018 and the Eswatini National Financial Inclusion Strategy (2017-2022) have been adopted to contribute to poverty alleviation by enabling alternative channels to serve the poor.
Para 42) The major aim of the Financial Inclusion Strategy is to ensure the “delivery of financial services and products in ways that are available, accessible and affordable to all segments” of the country’s populace. The target is to grow adult access from 43% to 75% and reduce the excluded from 27% to 15% by 2022. The target will be achieved by expanding mobile money services (e-money) increasing usage of banks, reducing risks in management of financial services and devising alternative ways of serving the poor. Further, it targets the un-served or underserved in rural areas; women and youth; Micro, Small & Medium Entrepreneurs including in the agriculture sector. The Strategy will facilitate the participation of Women and Youth Entrepreneurs in economic activities, particularly women in the Informal sector who often lack access to credit for business start-ups and growth. Studies reveal that the Informal sector provides employment to 40.2 percent women compared to 25.5 percent men.
Para 43) Further, the country has developed a Citizens Economic Empowerment Bill 2021 to enable equal participation of women and men in economic transformation. The Bill seeks to, among other issues, “promote gender equality in accessing, owning, managing, controlling and exploiting economic resources”.
Para 44) The Government of Eswatini has established the Federation of National Associations of women in business in Eastern and Southern Africa (FEMCOM) along with a strategic plan of 2018-2022. FEMCOM is responsible for facilitating economic empowerment of women and youth entrepreneurs. Its mandate is to promote programmes, which integrate women into trade and development activities in various business fields, thus contributing to national development and the promotion of vision 2022.
Para 45) In 2020, the Government launched 50 Million African Women’s Speak digital Platform. To contribute to the economic empowerment of women through the provision of a networking platform that will enable women in business to access information and financial services. Specifically, the objective is to establish a platform to improve the ability of women entrepreneurs to network and share information as well as to access information on financial and non-financial services.
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 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 55) The United Nations country office in Eswatini indicated that the State had made significant strides in addressing gender inequalities. However, pervasive structural disparities, deep-rooted harmful gender stereotypes and patriarchal attitudes had led to gender inequalities that disadvantaged women, while the country’s dual legal system – which was based on a constitutional legal framework and traditional and customary laws – provided women and girls with limited protection.
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 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.
-
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:TurkeyTurkeyRegional groupWEOGPolitical groupOICIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Adopt measures to prevent and eliminate all abuses of sexual violence against girls and women and ensure that perpetrators are adequately punished.ImplementationNational Report:
Para 33) The Children Protection and Welfare Act No. 6 of 2012, prescribes the age for criminal responsibility to be 12 and above. However, for sexual offences, the Sexual Offences and Domestic Violence Act9 places the minimum age for criminal liability at 10 years.
UN Compilation:
Para 52) The HR Committee was concerned about reports of widespread violence against women and children, in particular pervasive sexual violence, including rape and marital rape, and that relevant officials lacked specific training on gender-based violence. It was also concerned that the national strategy and action plan to end violence for the period 2013–2018 had not yet been implemented.
Para 53) In its replies to the CRC Eswatini stated that, according to the 2016 study on violence against children, nearly three quarters of children experienced routine violence in the form of violent discipline. Over a third of all girls reported experiencing some form of sexual violence during childhood. Nearly 3 in 10 girls reported experiencing emotional violence during childhood, mostly from family members.
Para 61) The United Nations country team was concerned about high levels of sexual violence during childhood, with an estimated one in three girls experiencing some form of sexual violence before the age of 18. The country team regretted that, despite the legislative measures taken, the weak government coordination in the area of child protection impeded effective and scaled response.
Stakeholder Summary:
Para 24) … JS8 added that corporal punishment was embraced in all settings and violence against children was prevalent, including … sexual violence, ...
Para 59) Several stakeholders also noted with concern that, according to statistics available, 1 in 3 women in Eswatini experienced some form of sexual violence by the time they were 18 and almost one in 2 women experienced some form of sexual violence in their lifetime, with boyfriends and husbands being the most frequent perpetrators. Only 3% of these incidents are reported to the police, only 7% of victims have access to counselling services, and 2.1% utilize a clinic or hospital.
-
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:VenezuelaVenezuelaRegional groupGRULACPolitical groupOASOEIACSIssue:
- International human rights instruments
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Continue to promote its successful programmes to implement the CRPD.ImplementationNational Report:
Para 84) … Leave No One Behind Project by Bantwana Initiatives Eswatini and SWAGAA October 2019 to September 2022. The main objective of the project is to ensure safety and prevent violence in families and communities and refugees’ camps. The target is 9,000 adolescent girls and young women with disabilities as well as 100 refugees in the Lubombo Region.
-
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:GhanaGhanaRegional groupAfrica GroupPolitical groupAUOIFCommonwealthIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
- Forced marriage
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Take effective legal steps to eliminate child and forced marriage.ExplanationSwaziland accepts this recommendation. The Marriage Act is currently being amended. The Draft Bill provides for 21 years being the marriageable age for both boys and girls.ImplementationNational Report:
Para 51) The Constitution protects women and girls from being forced to contract marriages without their consent and being subjected to customs they are opposed to in conscience. Therefore, customary practices of kungenwa, kwendziswa and others are no longer practised against the free and full consent of the intending spouses. At a Customary marriage ceremony, the presence of a Chief’s representative plays an important role of witnessing the proceedings of the ceremony including if the woman is a consenting party to the marriage.
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.
Para 53) There are on-going community dialogues, sensitisation campaigns, media advocacy on the adherence to laws protecting children, in particular the girl child, against harmful practices that hinder their full development. Where there are suspected reported cases of child marriages, the office of the Deputy Prime Minister attends to the cases and as a result several children have been removed from forced marriages and cases referred to the criminal justice system for investigations and prosecution.
UN Compilation:
Para 56) The HR 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.
-
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:NorwayNorwayRegional groupWEOGIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:CommentSession:25th session, May 2016Status:Not Followed up with a RecommendationContents:Norway expressed concern about ... lack of legal protection of women victims of abuse. -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- HIV and AIDS
Type:Review DocumentationSession:25th session, May 2016Status:N/AContents:With the job losses that the country has experienced because of the financial crisis, some of the survival mechanisms that people have resorted to are leading to new HIV infections. [Para 86] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Sexual violence
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:The country team stated that national police statistics showed that the incidence of violence (particularly physical and sexual violence against women and children) remained unacceptably high. [Para 33] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:CEDAW was concerned about the continued occupational segregation between women and men in the labour market and the fact that women were concentrated in low-paid jobs in the informal economy. It called upon Swaziland to intensify efforts to promote the entry of women into the formal economy, to strengthen efforts aimed at eliminating structural inequalities and occupational segregation and to adopt measures to narrow and close the gender pay gap by, among other things, regularly reviewing wages in sectors in which women are concentrated. [Para 68] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Harmful practices based on cultural / traditional values
- Marginalized groups of women
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:Stating that women, especially those living in rural areas under traditional leaders were often subjected to discrimination and harmful practices, HRW recommended that Swaziland enact reforms to ensure equality for women and prevent their discrimination in law and practice, particularly under Swazi law and custom. [Para 30] -
State Under Review:EswatiniEswatiniRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:JS3 stated that girl children were often discriminated against and this was reflected in school enrolment ratio with girls at 47 per cent against 53 per cent boys. [Para 104]