Displaying 49601 - 49625 of 58126 recommendations found
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State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
- Gender equality
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:JS3 noted that the legal age of marriage was 18 years for both boys and girls, but, with parental consent and approval from the Minister of Justice, girls may marry at 16. It added that although the Deputy Prime Minister had spoken out against the traditional practice that permit marriages for girls as young as 13, civil law was generally not enforced to prevent it. [Para 69] -
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:National ReportIssue:
- HIV and AIDS
Type:Review DocumentationSession:12th session, October 2011Status:N/AContents:According to the first Swaziland Demographic and Health Survey (DHS) for 2006/2007 the Country has a high prevalence of HIV and AIDS. [Para 44] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Maternal health / morbidity / mortality
- HIV and AIDS
Type:Review DocumentationSession:12th session, October 2011Status:N/AContents:Maternal mortality was 370 deaths per 100,000 in 2000 rising to 589 deaths in 2007. There is evidence that the effect of HIV and AIDS on pregnant women negatively affects the maternal mortality ratio. [Para 96] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:12th session, October 2011Status:NeglectedContents:UNCT indicated that chapter IV of the Constitution governing citizenship issues provided for different treatment between men and women regarding acquisition of citizenship through marriage, transfer of citizenship through descent and renunciation of citizenship. CRC was also concerned that the child did not derive his or her citizenship from the mother unless the child was born outside of marriage and was not adopted or claimed by the father. [Para 36] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
Type:Review DocumentationSession:12th session, October 2011Status:NeglectedContents:JS2 and JS3 reported that in accordance to Swazi customary law majority for marital purposes was reached upon puberty, resulting in girls as young as 13 years to be married. JS2 recommended that Swaziland harmonise the age of majority in the different statutes and customs in order to curb early marriages. [Para 38] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Violence on the basis of sexual orientation
- Violence on the basis of gender identity
Type:Review DocumentationSession:39th Session, November 2021Status:Reference AddressedContents:The HR Committee recommended that Eswatini clearly prohibit discrimination on the basis of sexual orientation and gender identity; combat stereotypes and negative attitudes towards persons on the basis of their sexual orientation or gender identity; ...; and ensure that all acts of violence against them were effectively investigated. The country team made similar recommendations. [Para 12]
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State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Intersex persons' rights
- Training for state personnel on sexual rights issues
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:RoH recommended sensitizing State Prosecutors and other players in the Criminal Justice System on LGBTI issues. [Para 16] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Training for state personnel on sexual rights issues
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:39th Session, November 2021Status:Reference AddressedContents:JS10 recommended accelerating the implementation of the Sexual and Domestic Violence Act to ensure substantive protection of women from sexual and domestic violence, particularly in the context of COVID-19. In particular, it recommended carrying out public awareness campaigns; establishing accessible and safe reporting mechanisms; providing training to police, prosecutors and judges; and providing adequate victim support services. AI recommended to implement a public education programme to combat domestic violence, including by disseminating publicly information regarding the Sexual Offences Domestic Violence Act 2018, and ensure publication and circulation of a summarised version of the Act at community level. [Para 61]
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State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:IcelandIcelandRegional groupWEOGIssue:
- Contraception
- Abortion
- Sexual and / or reproductive rights and / or health broadly
Type:RecommendationSession:39th Session, November 2021Status:Unclear ResponseContents:Decriminalize abortion and guarantee the provision of, and access to comprehensive sexual and reproductive health services and goods, including safe abortion and post-abortion care, and modern contraceptives.ExplanationNoted. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:FijiFijiRegional groupAsia-Pacific GroupPolitical groupPIFCommonwealthIssue:
- Discrimination based on sexual orientation
- Violence against women / gender-based violence
- Women's and / or girls' rights
- Discrimination based on gender identity
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Take the necessary steps to combat discrimination and violence against women and children, and on the basis of sexual orientation and gender identity. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:TogoTogoRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- Gender equality
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Adopt the necessary measures to combat occupational segregation and gender stereotypes in the working world. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:South AfricaSouth AfricaRegional groupAfrica GroupPolitical groupAUCommonwealthIssue:
- Sexual violence
- Domestic violence
- Women's and / or girls' rights
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Accelerate the implementation of the Sexual and Domestic Violence Act to ensure substantive protection of women from sexual and domestic violence, particularly in the context of COVID-19. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:RwandaRwandaRegional groupAfrica GroupPolitical groupAUOIFCommonwealthIssue:
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Intensify efforts to increase the participation of women in political decision-making positions. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UgandaUgandaRegional groupAfrica GroupPolitical groupAUOICCommonwealthIssue:
- International human rights instruments
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Take action to align all laws and policies with the principle of equality and non-discrimination as stated in the Constitution and in accordance with CEDAW.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.
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State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BrazilBrazilRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Strengthen policies on violence against women by means of effective complaint mechanisms and legal and social counselling. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SloveniaSloveniaRegional groupEEGPolitical groupEUIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Prohibit discrimination on the basis of sexual orientation and gender identity, particularly concerning the enjoyment of the right to health.ImplementationNational Report:
Para 68) Eswatini’s health facilities provide health services to all citizens regardless of their sexual orientation or gender identity.
Para 70) The Government is currently implementing SRHR – HIV knows No Borders targeting migrants to ensure their access to healthcare services. This programme further targets communities, religious sector, sex workers, AGYW and LGBTIQs.
UN Compilation:
Para 12) The HR Committee was concerned about reports that lesbian, gay, bisexual, transgender and intersex persons frequently faced discrimination, in particular in accessing adequate housing and employment, and was also concerned about reports of violence against those persons. 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. They were concerned at barriers that hindered access to HIV services for LGBTI persons. RoH noted that, despite the Employment Act 1980, people had seen their employment’ contracts terminated over their sexual orientation.
Para 17) Various stakeholders reported with concern that, in 2019, an application for registration of a LGBTI organization was rejected by the Government, arguing, among other reasons, that same-sex sexual acts were criminalized in Eswatini.
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State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:GhanaGhanaRegional groupAfrica GroupPolitical groupAUOIFCommonwealthIssue:
- Gender equality
Type:RecommendationSession:25th session, May 2016Status:Unclear ResponseContents:Repeal discriminatory provisions in the Constitution and Citizenship Acts.ExplanationSwaziland has noted this recommendation and appreciates the spirit it was made. Enabling Swazi women to transmit their nationality to their children with foreign men will require amendments to the Constitution. Swaziland will consider amending the Constitution.
ImplementationNational Report:
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.
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.
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State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UruguayUruguayRegional groupGRULACPolitical groupOASOEIIssue:
- Marginalized groups of women
- Violence against women / gender-based violence
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Create a national registry of persons with albinism to prevent the killing of women and girls with albinism that are used for rituals.ExplanationSwaziland accepts these recommendations. A national registry of persons with albinism will be created to help prevent the killings of people with this condition. -
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:MaldivesMaldivesRegional groupAsia-Pacific GroupPolitical groupOICCommonwealthIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
- Forced marriage
- Gender equality
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Take action to ensure that the legal age of marriage of 18 years is enforced nationwide for both boys and girls.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.
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State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- International human rights instruments
- Gender equality
- Gender perspective in policies, programmes
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:CEDAW called upon Swaziland to establish a law review commission, which should conduct a gender analysis of its laws with a view to harmonizing them with the Convention. [Para 7] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:CEDAW urged Swaziland to encourage reporting of domestic and sexual violence against women and girls, to ensure that complaints are effectively investigated and perpetrators punished with sanctions commensurate with the gravity of the offence and to address the culture of impunity. [Para 36] -
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:It called upon Swaziland to pay special attention to the needs of older women, women with disabilities and widows to ensure that they enjoy equal access to health care, training, employment and other rights. [Para 74; CEDAW] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Intersex persons' rights
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Rights of same-sex desiring persons
- Transgender persons' rights
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:JS4 recommended that Swaziland ensure that discriminatory and invasive customary laws are abrogated as well as review the laws that undermine LGBTI persons' rights. [Para 34]