A/HRC/33/14
7.
The delegation recalled that the 2005 Constitution established an independent
Commission on Human Rights and Public Administration with a mandate to investigate
complaints concerning alleged violations of human rights and fundamental freedoms. The
delegation provided details regarding the current work of the Commission and progress
made to ensure that it had sufficient resources. It noted that the Commission had developed
a five-year strategy and was working on the Human Rights and Public Administration Bill
2011 to ensure full adherence to the principles relating to the status of national institutions
for the promotion and protection of human rights (the Paris Principles), as accreditation by
the Global Alliance of National Human Rights Institutions (formerly known as the
International Accreditation Committee) was one of its priorities for 2016.
8.
The delegation underscored that Swaziland had enacted comprehensive protective
legislation for children in 2012 (Child Protection and Welfare Act 2012). That legislation
sought to provide protection for children from abuse and to promote their welfare and best
interests. Additionally, the Act recognized emerging challenges brought on by a high HIV
prevalence, leading to many children being orphaned, and incorporated international
instruments on child rights into domestic law.
9.
Furthermore, the Government had ensured free primary education for all Swazi
children, as enshrined in the Constitution and the Free Primary Education Act, 2012. Even
though secondary education was still not free, the Government supported vulnerable
children by paying their fees through a grant under the Deputy Prime Minister’s portfolio.
The delegation provided information on improvements in enrolment rates, indicating that
Swaziland was on track to achieve universal primary education as specified by Millennium
Development Goal 2.
10.
Regarding the promotion of gender equality and the empowerment of women, the
delegation noted that, in addition to the ratification of the Convention on the Elimination of
Discrimination Against Women, the country had undertaken commitments under a number
of other instruments, including the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa. The Deeds Registry Act had been amended in
2012 to give effect to the right of women married in community of property to own land
and have it registered in their own names. Additionally, the Sexual Offenses and Domestic
Violence Bill seeks to address all forms of sexual violence against women and children. As
the previous Parliament had been dissolved in 2013, before the bill had been promulgated
into law, the bill had lapsed and the process would be started anew. Nonetheless, the
Government was making all efforts necessary to accelerate its enactment by Parliament.
11.
Additionally, the Government had made significant strides in policy and legislative
reform in addressing the challenges of gender-based violence, as evidenced by the approval
of the national gender policy of 2010 and the enactment of the People Trafficking and
People Smuggling Act. The delegation noted that, in 2013, the High Court had declared the
common-law rule that married women had no capacity to litigate without the assistance of
their husbands to be inconsistent with the constitutional right to equality.
12.
On the rights of refugees, the delegation indicated that the Ministry of Home Affairs
was responsible for protecting refugees and asylum seekers. The Ministry had a refugees
department that formed part of a tripartite team, which included the Office of the United
Nations High Commissioner for Refugees (UNHCR). Additionally, the Government had
drafted a refugees bill, which would give effect in domestic law to the 1951 Convention
relating to the Status of Refugees and the 1969 Convention Governing the Specific Aspects
of Refugee Problems in Africa. The delegation provided details of measures taken to
protect refugees in the country.
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