A/HRC/19/6
15.
Women’s right to equality and non-discrimination is protected by the Constitution.
An audit of existing laws for compliance with the Constitution and the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW) had been
completed. As a result of the audit, a cluster of family laws had been drafted and were
waiting to be tabled in Parliament. Also, in 2010 the Government had adopted a national
gender policy; the primary objective of the policy was to ensure equitable access by all
persons to education, training, health services and control over resources such as land and
credit for improved quality of life. Furthermore, the country had made significant strides in
increasing the number of women in public sector employment.
16.
Swaziland responded to advance questions asked by Member States. With regard to
political rights, political parties were not banned. The Constitution protected the right to
freedom of association, which includes the right to form and belong to political parties.
However, by virtue of the Constitution, elections to public office were by individual merit
and therefore political parties could not field candidates in national elections. The King’s
Proclamation to the Nation of 12 April 1973 had been superseded by the Constitution of
2005.
17.
With regard to privately owned media houses, there were no restrictions on private
ownership of print media. All newspaper titles and magazines were privately owned. A
communications bill aimed at liberalizing the electronic media space had been tabled before
Parliament and was expected to be passed by the end of November 2011.
18.
With regard to the Optional Protocol to the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Swaziland was considering
becoming party to that Optional Protocol and to all outstanding international human rights
instruments. On extrajudicial killings and torture, all killings were investigated by the law
enforcement officers and normal criminal investigation. Where there was sufficient
evidence, criminal proceedings were instituted. In cases of deaths in custody, inquests were
held.
19.
With regard to the right to life, the delegation stated that it was protected by the
Constitution. Swaziland was not a State party to the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty, and retained the death penalty. Capital punishment was not mandatory and it may
be imposed only on adults convicted of murder without extenuating circumstances. The
ultimate punishment may be carried out only pursuant to a final judgment pronounced by
the Supreme Court. The death penalty had last been carried out in 1983. In effect,
Swaziland, though a retentionist State in law, was abolitionist in practice.
20.
With regard to the Commission on Human Rights and Public Administration, the
Government had drafted a bill that would fully operationalize the Commission and ensure
that it operated in accordance with the principles relating to the status of national
institutions for the promotion and protection of human rights (Paris Principles). The bill
was before Cabinet and would be tabled before Parliament in 2012.
21.
On existing gaps and challenges – some highlighted in the advance questions
submitted by Member States – Swaziland wished to ask the international community and
other cooperating partners for support in the alignment of national laws with the
Constitution and its international human rights obligations. The Government of Swaziland
was alive to the challenges that confronted the judiciary. It sought to meet those challenges
and was working tirelessly to engage the stakeholders in trying to find a lasting solution to
the impasse. While the Government was aware of the fact that the judicial challenges
adversely affected the promotion and protection of human rights, it was approaching the
issue with a full appreciation of the doctrine of the separation of powers.
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