A/HRC/19/6
steps taken in areas such as the right to health, especially in relation to HIV/AIDS.
Indonesia encouraged Swaziland to continue its positive efforts. Indonesia made
recommendations.
48.
Swaziland appreciated the questions and recommendations made by Member States
and observers. It highlighted some of the issues they had raised. With regard to the death
penalty, although Swaziland had not carried out the death penalty since 1983, some
countries stated that Swaziland must fully abolish it. The delegation reiterated that
Swaziland was an abolitionist State in practice and recalled that since 1983, the sentences in
42 of the 45 death penalty cases had been commuted to life imprisonment. Regarding
instances in customary laws where women are marginalized, the delegation reported that
the Constitution provided for ownership of land by women regardless of their marital
status. In addition, Parliament had recently enacted the Deeds Registry (Amendment) Bill,
which enables women married in community of property to register land in their own
names.
49.
On sexual orientation, Swaziland advised that to date no one had been prosecuted
for sexual orientation offenses. As the world revolved, Swaziland would look into the
possibility of adopting a policy on the issue. On the issue of torture and extrajudicial
killings, Swaziland highlighted that any person who had been tortured was free to seek
redress. All extrajudicial killings were investigated, including cases of deaths in custody.
On the rights of the child, the delegation reported that there were legislations pending in
Parliament, such as one on sexual offences and domestic violence.
50.
Regarding political parties, Swaziland underlined that they were not banned. A
reference was made to the 1973 Decree that had banned political parties, but in the
Constitution of 2005, the freedom of association and the freedom to belong to any political
party were protected. There was only an obligation for each party to have and use its
constituency during the election in order to ensure direct representation in Parliament. On
the issue of the Suppression of Terrorism Act, Swaziland indicated that, given the rate of
terrorism, it had sought assistance from countries and cooperating partners to put in place
that legislation. Member States were of the view that that legislation was used to suppress
freedom of association. Swaziland underlined that it would need assistance from Member
States in aligning the legislation with international human rights norms, similar to the
assistance it had received from the International Labour Organization in putting in place
other labour/human rights legislation.
51.
On the issue of operationalizing the Commission on Human Rights and Public
Administration, Swaziland indicated some progress in that area, such as the creation of nine
critical posts that would investigate human rights violations. Swaziland reported that birth
registration had been decentralized to all the regions. All parents were encouraged to
register their children, a process that could be completed at Ministry of Home Affairs
offices, which were located in all regions, as well as at all major hospitals through a
programme initiated by UNICEF. On the impact of the gender policy, Swaziland recalled
that that policy had been approved only in 2010, but promised to report on its impact during
the next UPR cycle.
52.
Argentina commended Swaziland for having in its Constitution a chapter dedicated
to the promotion and protection of human rights and freedoms. It made recommendations.
53.
Uruguay acknowledged the efforts of Swaziland to promote and protect human
rights. It highlighted the State’s commitment regarding food security and welcomed the act
of 2010 on free and compulsory primary education. Uruguay noted the discriminatory
cultural practice against women in Swaziland. While welcoming that the Constitution
raised the issue of non-discrimination, Uruguay expressed concern at the de facto
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