Displaying 49576 - 49600 of 58160 recommendations found
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Sexuality education
- Maternal health / morbidity / mortality
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:39th Session, November 2021Status:Reference AddressedContents:JS7 also recommended improving the quality of maternity services, providing access to sex education, including access to information and tools for sexual reproductive health rights, and creating youth friendly health centres for easy access to such services. [Para 42]
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Costa RicaCosta RicaRegional groupGRULACPolitical groupOASOEIACSIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Criminal laws on same-sex sexual practices
Type:RecommendationSession:39th Session, November 2021Status:Unclear ResponseContents:Decriminalize consenting same-sex relations and ensure the elimination of all forms of discrimination based on sexual orientation and gender identity.ExplanationNoted. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:FinlandFinlandRegional groupWEOGPolitical groupEUIssue:
- International human rights instruments
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Ratify the OP-CEDAW. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:IndonesiaIndonesiaRegional groupAsia-Pacific GroupPolitical groupASEANOICIssue:
- International human rights instruments
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Take further measures in implementing the CEDAW, in particular in curbing discrimination and violence against women. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
- Sexual violence
- Domestic violence
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Increase the necessary efforts to end all forms of violence against women and children, in particular sexual and domestic violence. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:GabonGabonRegional groupAfrica GroupPolitical groupAUOICOIFIssue:
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:39th Session, November 2021Status:AcceptedContents:Continue to combat the unequal representation of women in decision-making positions. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:PortugalPortugalRegional groupWEOGPolitical groupEUOEIIssue:
- Criminal laws on same-sex sexual practices
Type:RecommendationSession:12th session, October 2011Status:RejectedContents:Bring its legislation into conformity with its international human rights obligations by repealing provisions which may be used to criminalise same-sex activity between consenting adults... -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:United KingdomUnited KingdomRegional groupWEOGPolitical groupEUCommonwealthIssue:
- Gender equality
- Women's participation
Type:QuestionSession:12th session, October 2011Status:Not Followed up with a RecommendationContents:We would be grateful if you could explain why, despite the fact that the current percentage of women in parliament is 23%, Section 86(1) of the Constitution (which provides for the election of four additional women if the number of women in parliament does not reach 30%) has not been used. -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:National ReportIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:12th session, October 2011Status:N/AContents:Access to TDL is also a challenge to women married by civil rites in community of property. This is caused by the fact these women are subject to their husband’s marital power, who, even where eligible to apply for credit to purchase land, require their husband’s consent to do so. The Marriage Bill when passed into law will abolish the marital power and its corollary, the minority status of women. Even where a woman is ultimately able to secure her husband’s consent and the land is purchased, if she is married in community of property her ownership and control over the property is virtually removed as the land cannot be registered in her name but is registered in her husband’s name. [Para 71] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:12th session, October 2011Status:Reference AddressedContents:In 2011, UNCT stated that the Marriages Act and its provisions on marital power violated the equality clause as it limited the right of women in that they cannot acquire a bank loan or own property without the written consent of their husbands, and thereby relegating them to the status of minors. [Para 18] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:12th session, October 2011Status:Reference AddressedContents:JS2 recommended that Swaziland establish a law reform commission to evaluate and review the laws that undermine women’s rights and ensure that discriminatory and invasive customary laws are abrogated. [Para 12] -
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.
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:EgyptEgyptRegional groupAfrica GroupPolitical groupAUOICALOIFIssue:
- Maternal health / morbidity / mortality
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Pursue national efforts to reduce the rate of maternal and infant mortality.ImplementationNational Report:
Para 64) The Maternal Mortality Rate stands at 452/100,00018 and neonatal mortality is at 20/1000 live births, and Infant mortality is at 57/1000 live births. The MoH has developed guidelines for antenatal care, new-born care and for the management of obstetric emergencies for health care workers. In 2018 MoH conducted a Service Availability and Readiness Assessment (SARA) and Quality care assessment in all health facilities aimed at reducing maternal and infant mortality.
UN Compilation:
Para 41) The United Nations country team noted that despite efforts made by Eswatini, the rates of maternal mortality remained high, at 452 per 100,000, as did teenage pregnancies, at 87 per 1,000 adolescents.
Para 42) The HR Committee was concerned at the significant increase in the maternal mortality rate and the high rate of maternal mortality resulting from unsafe abortions. It is also concerned by the high teenage pregnancy rate.
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:BrazilBrazilRegional groupGRULACPolitical groupOASOEIIssue:
- International human rights instruments
- Gender equality
Type:RecommendationSession:12th session, October 2011Status:No ResponseContents:Consider acceding to OP-CEDAW [...] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
- Forced marriage
- Women's and / or girls' rights
Type:RecommendationSession:25th session, May 2016Status:AcceptedContents:Enact legislation to ensure women and girls' rights are protected, including legislation banning early and forced marriages.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 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.
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Gender equality
- Women's and / or girls' rights
Type:QuestionSession:25th session, May 2016Status:Not Followed up with a RecommendationContents:Swaziland is provided with several legislative instruments to fight against women discrimination, but there are still some inequalities in the practice, as well as some laws that foresee women's access to economic resources mediated through husbands. Is the government expecting to adopt specific measures to fight effectively against women discrimination in the family and labour contexts? -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- International human rights instruments
- Gender equality
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:CEDAW recommended that Swaziland consider seeking international assistance and avail itself of technical assistance in the development and implementation of a comprehensive programme aimed at the implementation of the Committee's recommendations and the Convention as a whole. [Para 21] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Trafficking in women and / or girls
Type:Review DocumentationSession:25th session, May 2016Status:NeglectedContents:CEDAW recommended that Swaziland intensify efforts to tackle the root causes of trafficking in women and girls and ensure the rehabilitation and social integration of victims. It also recommended stepping up efforts aimed at bilateral, regional and international cooperation to prevent trafficking. Finally, it recommended that Swaziland increase awareness-raising efforts aimed at promoting reporting of trafficking crimes and early detection of women and girls who are victims of trafficking. [Para 45] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:25th session, May 2016Status:Reference AddressedContents:CEDAW recommended that Swaziland remove the indirect costs of primary education, such as payment for school uniforms, to ensure that it is free and accessible to girls. [Para 85] -
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:National ReportIssue:
- Sexual and / or reproductive rights and / or health broadly
Type:Review DocumentationSession:39th Session, November 2021Status:N/AContents:Mobile clinics referred to as DREAMS on Wheels focusing on Adolescent Girls and
Young Women (AGYW) provide comprehensive health services (prevention, treatment, care
and support). With regards to Sexual Reproductive Health Rights (SRHR) – several
healthcare workers have been trained on the provision of quality Youth friendly services,
neonatal care and have been oriented on the developed Antenatal Care Guidelines. These
SRHR services are rendered for free in the Government health facilities. [Para 69] -
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:UN CompilationIssue:
- Adolescent pregnancy
Type:Review DocumentationSession:39th Session, November 2021Status:Reference AddressedContents:UNICEF recommended that school principals, teachers and communities be informed that the policy of allowing pregnant girls to return to school was government policy and would be strictly enforced. ... [Para 47]
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:39th Session, November 2021Status:Not Followed up with a RecommendationContents:AI and JS10 recommended ensuring that customary law was in line with the international and regional instruments, especially on the elimination of discrimination against women. JS7 also recommended that Eswatini codify the customary marriage process. HRW recommended identifying and fighting discriminatory social and customary practices, and resolving conflicts between civil law and traditional law and ensuring protection of women’s human rights. [Para 57]
-
State Under Review:SwazilandSwazilandRegional groupAfrica GroupPolitical groupAUCommonwealthSource Of Reference:MexicoMexicoRegional groupGRULACPolitical groupOASOEIACSIssue:
- Discrimination based on sexual orientation
- Discrimination based on gender identity
- Criminal laws on same-sex sexual practices
Type:RecommendationSession:39th Session, November 2021Status:Unclear ResponseContents:Incorporate into national legislation the prohibition of discrimination based on sexual orientation and gender identity and repeal laws that criminalize consensual sexual relations between same-sex persons.ExplanationNoted.