Rape and Domestic Violence: The law criminalizes rape; however, no law specifically addresses spousal rape. Rape was common, and the government did not always enforce the law effectively. According to the Swaziland Action Group Against Abuse (SWAGAA), one in three Swazi women between the ages of 13 and 24 has been the victim of sexual violence. Many men regarded rape as a minor offense. According to the 2010 RSPS Annual Report, 617 rape cases were reported in 2010, but there were no data available on the number of prosecutions, convictions, or punishment. The number of reported cases is likely far lower than the number of actual cases. A sense of shame and helplessness often inhibited women from reporting such crimes, particularly when incest was involved. The maximum sentence for aggravated rape is 15 years; however, the acquittal rate for rape was high, and sentences were generally lenient.
In November 2010 Minister of Sports, Youth, and Culture Hlob’sile Ndlovu reportedly said during a parliamentary session that when women say “do not touch me,” they actually mean “touch me further.” When called upon to retract her statement, the minister refused.
Domestic violence against women, particularly wife beating, was common and sometimes resulted in death. Domestic violence is illegal; however, police efforts to combat the crime were inadequate. According to a 2008 survey by the government’s Central Statistics Office, 60 percent of men believed it was acceptable to beat their wives, and 18 percent of females between 13 and 44 years old had contemplated suicide, primarily as a result of domestic violence. The special police units established in 2008 for domestic violence, child abuse, and sexual abuse reported an increase in cases received during the year; however, there were no data available on the number of cases, prosecutions, convictions, or punishments.
Women have the right to charge their husbands with assault under both the Roman-Dutch and traditional legal systems, and urban women frequently did so, usually in extreme cases when intervention by extended family members failed to end such violence. Penalties for men found guilty of assault not involving rape against a woman depended on the court’s discretion. Rural women often had no relief if family intervention did not succeed, because traditional courts were unsympathetic to “unruly” or “disobedient” women and were less likely than modern courts, which use Roman-Dutch-based law, to convict men of spousal abuse. The Roman-Dutch legal system often gave light sentences in cases of conviction for abuse against women. SWAGAA has hotlines and shelters to assist victims of abuse.
Sexual Harassment: Legal provisions against sexual harassment were vague, and government enforcement was ineffective; no cases have ever been brought to court. There were frequent reports of sexual harassment, most often of female students by teachers. Numerous teachers and some principals were fired during the year for inappropriate sexual conduct with students. Some teachers threatened students with poor grades if they did not provide sexual favors to them.
Reproductive Rights: The government upheld the right of couples and individuals to decide freely and responsibly the number, spacing, and timing of their children and to have the information and means to do so free from discrimination, coercion, and violence. There was wide access to contraception, including at public restrooms, clinics, and workplaces throughout the country. Women were equally diagnosed and treated for sexually transmitted infections. Skilled attendance during childbirth, including essential obstetric and postpartum care, was estimated at 69 percent but was limited in rural areas. A 2011 UN Fund for Population report indicated the maternal mortality rate was 420 per 100,000 live births; the proportion of maternal deaths due to HIV/AIDS was 75 percent in 2008. An estimated 47 percent of girls and women ages15-49 used a modern method of contraception in 2010.
Discrimination: Women occupy a subordinate role in society. The dualistic nature of the legal system complicates the issue of women’s rights. Since unwritten law and custom govern traditional marriage and matters of inheritance and family law, women’s rights often are unclear and change according to where and by whom they were interpreted. Couples often marry in both civil and traditional ceremonies, creating problems in determining which set of rules apply to the marriage and to subsequent questions of child custody, property, and inheritance in the event of divorce or death.
The constitution provides that women can open bank accounts, obtain passports, and take jobs without the permission of a male relative; however, these constitutional rights often conflict with customary law, which classifies women as minors. Women routinely executed contracts and entered into a variety of transactions in their own names; however, banks still refused personal loans to women without a male guarantor. The constitution provides for equal access to land; however, customary law forbids women from registering property in their own names. The law requires equal pay for equal work; however, the average wage rates for men by skill category usually exceeded those of women.
In February 2010 the High Court overturned section 16(3) of the Deeds Registry Act, which prohibited women from registering property in their own names. In May 2010 the Supreme Court amended the High Court’s ruling but maintained its finding that the law was unconstitutional and stated parliament needed to enact appropriate legislation within 12 months. Pending such legislation, the Supreme Court ruled that women should continue to register property jointly with their husbands. At year’s end the law remained unchanged.
In traditional marriages a man may take more than one wife. A man who marries a woman under civil law may not legally have more than one wife, although in practice this restriction was sometimes ignored. Traditional marriages consider children to belong to the father and his family if the couple divorces. Children born out of wedlock are viewed as belonging to the mother, unless the father claims the children. Inheritances are passed to and through male children only. Traditional authorities still exercised the right to fine women for wearing pants in their constituencies.
The constitution states that “a woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed”; however, adherents of traditional family practices may treat a woman as an outcast if she refuses to undergo the mourning rite, and a widow who does not participate may lose her home and inheritance. When the husband dies, tradition dictates that the widow must remain at her husband’s family’s residence in observance of a strict mourning period for one month, during which time she cannot leave the house, and the husband’s family can move into the homestead and take control of its operations. In some cases the mourning period can last three years. During the year the media reported that widows and children heading households sometimes became homeless as a result of the custom and were forced to seek public assistance. Women in mourning attire generally were not allowed to participate in public events and were barred from interacting with royalty or entering royal premises.
In November 2010 a woman was assaulted by a group of men identifying themselves as members of the ”water party,” a group of men who are commissioned by royalty to traverse the country ahead of the annual incwala ceremony, after she refused to pay a fine for wearing slacks.