Swazi Observer

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SODV PUTS ESWATINI IN GOOD LIGHT ON WORLD REPORT 2019

By Sifiso Nhlabatsi | 2019-07-16

THE much feared Sexual Offences and Domestic Violence Act of 2018, known as the SODV Act, has been hailed as a good move by the country in terms of protecting human rights.

According to the World Report 2019 Human Rights Watch’s 29th annual review, the Eswatini government made some progress toward the promotion and protection of women’s and girls’ rights.

The report states that this has been made through amendments to the 1964 Marriage Act, and the passing of the Sexual Offences and Domestic Violence Act of 2018, which provides the framework to curb sexual and gender-based violence in the country. The report states that the amendments prohibit child marriages of persons under the age of 18.

World Report 2019 is Human Rights Watch’s 29th annual review of human rights practices around the globe.

It summarises key human rights issues in more than 90 countries and territories worldwide, drawing on events from late 2017 through November 2018.

Focusing on women and girls rights, the report states that there is still room for improvement as women are under-represented in leadership and decision-making positions in both public and private sectors.

“To fulfil the constitutional requirement for quotas for the representation of women and marginalised groups in Parliament, the government passed the Election of Women Act in 2018,” part of the report reads.

Committed

It further points out that Eswatini also committed to a number of regional and international instruments to promote gender equality, including the Convention for the Elimination of All Forms of Discrimination against Women (CEDAW), which Eswatini ratified without reservation, and the Southern African Development Community (SADC) declaration on Gender and Development.

“Article 20 of the Eswatini Constitution provides for equality before the law and non-discrimination, but that does not prevent discrimination on the grounds of sex, language, sexual orientation, and gender identity.

Operate

Eswatini’s dual legal system, where both Roman Dutch common law and Eswatini customary law operate side by side, has resulted in conflicts leading to numerous violations of women’s rights over the years,” the report states.

Another successful event that borders on human rights which was noted by the report is the Eswatini Pride March which was held last year in June and was also staged this year. Under the topic ‘Sexual Orientation and Gender Identity,’ the report states that a colonial-era law criminalises sodomy, with an unspecified sentence.

“Despite this law, lesbian, gay, bisexual, and transgender (LGBT) activists successfully held the first ever ‘Eswatini Pride’ in June 2018, with hundreds marching in the streets of Mbabane in support of LGBT equality,” the report reads.

The World Report of 2019 has weighed in on the issue of freedom of association and assembly in the country. It pointed out that restriction on freedom of association and assembly continued in 2018. The report states that although Eswatini signed the African Charter on Democracy, Elections and Governance in January, the government has not taken steps to ratify and implement the charter.

“A few days before the September elections, public sector workers, including teachers and nurses under the umbrella of the Trade Union Congress of Swaziland (TUCOSWA), embarked on protests over salaries across the country. Police responded in a heavy-handed manner, beating and injuring protesters in Manzini. Earlier in June, police injured at least four workers protesting alleged corruption in government,” the report reads.

These incidents, according to the report, occurred despite the new Police Service Act of 2018 that provides that “the police shall respect and protect human dignity and human rights,” and that “police officers are prohibited from inflicting or tolerating any act of torture or cruel, inhuman or degrading treatment.”

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