The Constitution of Swaziland, adopted in February 2006, grants the same legal rights to men and women, but Swazi tradition continues to limit women to inferior roles. Legislation in Swaziland is based on a dual system of traditional and civil law. Several discriminatory laws are still in force, having not yet been aligned with the anti-discrimination measures in the Constitution.
About one-third of households in Swaziland are headed by women. Those living in rural areas face the greatest challenges as their lives are largely determined by common law, which contains numerous provisions that undermine gender equality.
The Family Code in Swaziland grants women very few rights. The minimum legal age for marriage is 18 years for both men and women, but early marriage occurs in exceptional cases; women aged 16 or 17 years can marry with their parents’ consent. A 2004 United Nations report estimated that 9 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
For the most part, marriage is still governed by unwritten traditional laws and the practice of arranged marriages involving young women persists. The rights of women within the family are unclear and vary widely depending on the situation. Couples often marry in a civil ceremony, but adhere to traditional rules. This can create confusion over which regulations to apply in regard to divorce, child custody or inheritance.
Polygamy is authorised in traditional marriages in Swaziland; it is not permitted under civil law, but this regulation is commonly ignored.
The Constitution stipulates that children are awarded the citizenship of their father. Fathers have parental authority unless a child is born out of wedlock and the father does not request authority. In traditional marriages, children belong to the father and his family, who are given custody following divorce. Women are generally confined to traditional duties in the home and have limited decision-making powers.
There is no evidence to suggest that legal discrimination exists in the matter of inheritance, but traditional law dictates that only men can inherit.
The physical integrity of Swazi women is not sufficiently protected. Legislation has been passed to curb violence against women, but such violence is common. Under both traditional and civil systems of law, women have the right to press charges against husbands who commit acts of violence. Many women in urban areas take this course of action when intervention by the extended family fails to stop the abuse. In rural areas, few victims take legal action for fear that traditional courts will view them as being “disobedient”. Rural courts are less likely than urban civil courts to convict husbands for spousal violence.
Rape is common in Swaziland. Even though it is punishable by law, many men consider it only a minor crime. Women often feel too ashamed to press charges, particularly in cases of incest.
Female genital mutilation is not a common practice in Swaziland.
There is no evidence to suggest that Swaziland is a country of concern in relation to missing women.
The government of Swaziland has taken steps to improve legislation regarding ownership rights yet current law continues to be profoundly discriminatory against women. The new Constitution provides for equal access to land for men and women, but reality is far removed from this ideal. For example, even when a business is registered in a woman’s name, the land on which the activity takes place is generally registered under a man’s name (the husband or another male family member).
The new Constitution gives all women access to property other than land, but traditional practices persist that hinder women’s advancement in society.
Recent amendments to the Constitution give married women the right to access to bank loans and to open bank accounts without their husband’s permission, but it is too early to evaluate the effects of the new legislation. There seems to be some evidence that banks continue to refuse personal loans to women who are unable to provide a guarantee supplied by a man.
Despite recent progress, the civil liberties of women in Swaziland remain limited. Widows face particular restrictions in regard to their freedom of movement; upon their husband’s death, they are confined to the marital home for a period of mourning that can last from one month to three years and they are considerably restricted in their actions throughout this period. On a more positive note, the new Constitution grants women the right to obtain a passport without their husband’s authorisation.
There are no reported restrictions to women’s freedom of dress.
Physicians for Human Rights (2007), Epidemic of Inequality: Women’s Rights and HIV/AIDS in Botswana and Swaziland, An Evidence-based Report on the Effects of Gender Inequity, Stigma and Discrimination, Physicians for Human Rights, Cambridge.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007a), Country Reports on Human Rights Practices: Swaziland, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
US Department of State (2007b), International Religious Freedom Report: Swaziland, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
