A/HRC/33/14
13.
The delegation noted that the Constitution guaranteed the right to freedom of
expression, including the right to a free media, subject to respect for the dignity of others. It
also noted the existence of a number of privately owned media outlets and indicated that, in
order to liberalize the media space, the Government had enacted the Swaziland
Communications Commissions Act. That Act had established a communications
commission, which would license community and commercial radio and television stations.
14.
The delegation stated that the electoral process and the participation of political
parties was governed by section 79 of the Constitution, which had been further interpreted
by the Supreme Court in a case decided in 2009. Although the Supreme Court had
pronounced that political parties were not allowed to field candidates, members of such
parties could participate based on individual merit. The current Parliament, for example,
had members who had been elected based on individual merit who were members of
political parties.
15.
The delegation indicated that the Public Order Act, 1963, which regulated the
organization of peaceful assemblies, was under review. The Government had drafted a new
public order bill, which would repeal the current Act. The bill would guarantee freedom of
peaceful assembly and expression, and provide for, among other things, notification and
consultation in respect of public gatherings and regulation of the powers of the police
during public gatherings. The bill would also do away with the requirement that organizers
of a public meeting or public gathering must obtain a permit from the police. Conveners of
meetings or gatherings would still have to give the police prior notice.
16.
Since the previous review, progress had also been made towards addressing
challenges within the judiciary and enhancing its efficiency. The delegation noted that a
legal aid policy had been formulated with the support of United Nations Development
Programme and that a legal aid bill, aimed at improving access to justice for the indigent,
had been drafted. Moreover, in 2015, the judiciary had recruited four additional high court
judges to address the backlog of cases in the courts.
17.
The delegation underscored that the Constitution guaranteed the independence of the
judiciary, and that the Government respected and upheld that guarantee and did not
interfere with judicial officers in the discharge of their functions. It noted that the tenure of
judges was secure.
18.
The country had made substantial progress in ensuring access to safe drinking water
by the population. The proportion of persons with access to safe drinking water had
increased from 56.4 per cent in 1997 to 72.4 per cent in 2014. The delegation observed that
improvements had been observed in both rural and urban areas. Additionally, as of 2014,
the proportion of the population estimated to have access to electricity was 65 per cent.
19.
The delegation noted that the Suppression of Terrorism Act was under review. To
that end, the Government had drafted the Suppression of Terrorism (Amendment) Bill,
2013. The intention behind the amending the Act was to bring legislation into line with the
Constitution and the country’s international obligations. A key feature of the amendment
would curtail the broad definition of “terrorist act”, ensuring that the provision was not
unduly applied to activities that were not terrorist acts. The delegation indicated that the bill
had been tabled before Parliament under a certificate of urgency and that the legislature had
invited the public to make comments on its content.
20.
The delegation referred to a number of developments regarding access to health
care. It noted that there had been an increase in the number of persons with access to
antiretroviral therapy due to the introduction of immediate access to such therapy and
treatment for pregnant and breastfeeding mothers. By the end of 2014, there were 125,421
persons on antiretroviral therapy, with 7,906 (6 per cent) of those being children under
14 years of age. With an increase in the number of persons on antiretroviral therapy, a key
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