Displaying 49551 - 49575 of 58126 recommendations found
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Encourage reporting of cases of domestic and sexual violence against women and girls, and ensure that complaints are investigated and the perpetrators are punished with penalties proportional to the seriousness of the offence, ending the culture of impunity. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SudanSudanRegional groupAfrica GroupPolitical groupAUOICALIssue:
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Continue to strengthen the rights of women, particularly in relation to the equal pay issue.ImplementationNational 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 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.
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.
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 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.
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.
Para 72) JS6 indicated that women were also a group at risk of statelessness. The deprivation of nationality of women upon marriage to a foreign national have been documented in practice.
-
State Under Review:SwazilandSwazilandRegional 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:SwazilandSwazilandRegional 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:SwazilandSwazilandRegional 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:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PanamaPanamaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
- Forced marriage
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Take concrete measures to prohibit and eliminate child or 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:SwazilandSwazilandRegional 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:SwazilandSwazilandRegional 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:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Gender equality
Type:CommentSession:25th session, May 2016Status:Not Followed up with a RecommendationContents:It also welcomed the existence of a national plan on gender. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- International human rights instruments
- Gender equality
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:In 2014, CEDAW encouraged Swaziland to ratify OP-CEDAW ... [Para 1] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:CEDAW also urged Swaziland to establish a national violence coordination mechanism with a mandate to tackle all forms of violence against women and girls and to coordinate national efforts to prevent and eliminate such violence. [Para 35] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Marginalized groups of women
- Women's and / or girls' rights
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:Concerned at the lack of income-generating opportunities for rural women, CEDAW called upon Swaziland to continue to expand women's access to microfinance and microcredit at low interest rates. [Para 73] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Criminal laws on same-sex sexual practices
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:HRW recommended that Swaziland decriminalise same-sex relations. [Para 34] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:12th session, October 2011Status:RejectedContents:Continue towards the implementation of the OP-CAT, OP1-ICCPR and the OP-CEDAW. -
State Under Review:SwazilandSwazilandRegional 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:SwazilandSwazilandRegional 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:SwazilandSwazilandRegional 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:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- HIV and AIDS
Type:RecommendationSession:12th session, October 2011Status:AcceptedContents:Launch information campaigns about HIV/AIDS, through the media and through door to door action on how to prevent the transmission of the virus, namely by the use of condoms -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Gender equality
- Women's and / or girls' rights
Type:Review DocumentationSession:12th session, October 2011Status:N/AContents:In 2010 the Government adopted the National Gender Policy. The primary objective of the policy is to ensure equitable access by all persons to education, training, health services and control over resources such as land and credit for improved quality of life. [Para 53] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- International human rights instruments
Type:Review DocumentationSession:12th session, October 2011Status:Reference AddressedContents:In 2006, the Committee on the Rights of the Child (CRC) recommended that Swaziland ratify the Optional Protocols to the Convention … [Para 1] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- HIV and AIDS
Type:Review DocumentationSession:12th session, October 2011Status:Reference AddressedContents:In 2011, UNCT stated that Swaziland had a particularly high HIV/AIDS prevalence rate. Overall, strides had been made in treatment and care, however prevention of new infections remained a challenge. UNCT also noted that at present there was no specific policy in place to address issues of stigma and discrimination. [Para 57] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Women's participation
Type:Review DocumentationSession:12th session, October 2011Status:Reference AddressedContents:JS2 stated that women were under-represented in decision-making positions. Despite the fact that the current percentage of women in parliament was 23 per cent, Section 86(1), which provided for the election of four additional women, if the number of women in parliament did not reach 30 per cent, was not used. [Para 57] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Trinidad & TobagoTrinidad & TobagoRegional groupGRULACPolitical groupOASACSCommonwealthIssue:
- Sexual exploitation / slavery
- Gender equality
- Domestic violence
Type:RecommendationSession:12th session, October 2011Status:AcceptedContents:Redouble efforts to achieve gender equality by adopting a more systematic approach to public education in this area, with particular emphasis on the ills and consequences of domestic violence and sexual exploitation of women. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PakistanPakistanRegional groupAsia-Pacific GroupPolitical groupOICCommonwealthIssue:
- Empowerment of women
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Continue to promote women empowerment.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 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 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.
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
- Women's and / or girls' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Quickly pass pending legislation related to the protection of women and children including the Sexual Offences and Domestic Violence Bill and the Draft Land Policy.ImplementationNational 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.