Times of Eswatini

Report blasts Eswatini for stifling freedoms

- STORIES BY MTHUNZI MDLULI

MBABANE – Eswatini has been criticised for allegedly violating legal provisions on freedom of associatio­n and assembly.

According to Human Rights Watch 2023, the Public Order Act of 2017 protects the rights to freedom of expression, associatio­n, and peaceful assembly, but with limitation­s, which the government has been using to restrict freedoms.

Human Rights Watch is a non-government­al organisati­on (NGO) that investigat­es and reports on abuses happening in the world. It consists of roughly 550 people of more than 70 nationalit­ies, who are country experts, lawyers and journalist­s working to protect people that are at risk.

The organisati­on found that the rights of lesbian, gay, bisexual, and transgende­r and queer, intersexua­l (LGBTQI+) people were not observed. They cited the High Court of Eswatini ruling in which, on April 29, 2022, in the case of Melusi Simelane and others versus the Minister of Commerce Industry and Trade and others. The ruling was that while LGBTQI+ people were entitled to all the relevant rights conferred under the Constituti­on because they were human beings, those rights were subject to other laws of Eswatini.

Court

The court went on to uphold the refusal of the registrar of companies to register an LGBTQI+ organisati­on, Eswatini Sexual and Gender Minorities, because the criminalis­ation of sodomy under the Criminal Procedure and Evidence Act rendered the purpose of the organisati­on unlawful.

The matter is currently pending in the Supreme Court of Eswatini.

The report further revealed that during its Universal Periodic Review (UPR) at the United Nations Human Rights Council (UNHRC), several States made recommenda­tions that Eswatini should take steps to decriminal­ise same-sex conduct, and to adopt legislatio­n to give effect to LGBTQI+ rights.

Meanwhile, the report indicated that Reporters Without Borders, in its 2022 World Press Freedom Index ranked Eswatini 131 out of 180 countries, alleging that the country prevented journalist­s from working freely and independen­tly by maintainin­g total control over the broadcast media, infiltrati­ng the newsroom, and spying on, arresting and harassing journalist­s.

Furthermor­e, women in Eswatini have been found to be under-represente­d in leadership and decision-making positions in both public and private sectors. This was despite the provisions of the 2018 Election of Women Act, and the constituti­onal requiremen­t of 30 per cent representa­tion quotas for women and marginalis­ed groups in Parliament.

According to Human Rights Watch, Eswatini has yet to ratify the Protocol of the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, which provided, among other things, for the protection of women from harmful practices.

“Eswatini has a dual legal system, whereby the common law, based on Roman Dutch Law, operates side-by-side with unwritten customary laws under which women are treated as dependents of their fathers, husbands, and traditiona­l chiefs,” reads the report.

Human Rights Watch has also stated that government proposed two notable Bills to Parliament, which are the Marriages Bill and the Matrimonia­l Properties Bill, which seek to address some of those inconsiste­ncies.

The proposed Bills include provisions to abolish marital power held by husbands over their wives’ ability to contract and to litigate, as well as provisions for the equitable distributi­on and equal access of spouses to matrimonia­l property.

 ?? (File pic) ?? Government’s Spokespers­on Alpheous Nxumalo says the Kingdom of Eswatini doesn’t recognise or legitimise the western-styled LGBTQI+ forceful agenda.
(File pic) Government’s Spokespers­on Alpheous Nxumalo says the Kingdom of Eswatini doesn’t recognise or legitimise the western-styled LGBTQI+ forceful agenda.
 ?? (Pic: hrw.com) ?? Human Rights watch says the rights of LGBTQI+ people are not observed in the country.
(Pic: hrw.com) Human Rights watch says the rights of LGBTQI+ people are not observed in the country.

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