baro 2013 begin swazirev - genderlinks.org.za

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5

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CHANGE

2013

Compiled and written by Zakhe E. Hlanze

Edited by Danny Glenwright and Sifisosami Dube

The Southern African Gender Protocol Alliance vision

is of a region in which women and men are equal in all

spheres. The Alliance promotes and facilitates the

creation of gender equity and equality through lobbying

and advocacy towards the achievement of the 28 targets

of the SADC Protocol on Gender and Development by

2015. Gender Links coordinates the work of the Alliance.

© Copyright Southern Africa Gender Protocol 2013

Barometer - Swaziland

Gender Links

9 Derrick Avenue

Cyrildene, 2198

Johannesburg, South Africa

Phone: 27 (11) 622 2877

Fax: 27 (11) 622 4732

Email: [email protected]

Websites: www.genderlinks.org.za

www.sadcgenderprotocol.org

Compiled and written by Zakhe E. Hlanze

Editors: Danny Glenwright and Sifisosami Dube

Front cover: Mavula community members during the

30% to 50% campaign in Swaziland, 2012

Photo by: Thando Dlamini

Design/layout: Stride Graphics (Pty) Limited

Unless otherwise specified, all tables and figures© Gender Links.

Alliance partnersCoordinatorGender LinksConstitutional and legalWomen in Law Southern Africa (WLSA)GovernanceWomen in Politics Support Unit (WiPSU)Health, HIV and AIDSSouthern Africa HIV and AIDS InformationDissemination Service (SAfAIDS)Care workVoluntary Services Overseas-Regional AidsInitiative South AfricaEconomic justiceZimbabwe Women’s Resource Centre andNetwork (ZWRCN)Peace and securityInstitute of Security Studies (ISS)AngolaPlatforma da Mulheres Accao (PMA)BotswanaBotswana Council of NGO's (BOCONGO)DRCUnion Congolaise des Femmes des Medias(UCOFEM)LesothoWomen in Law Southern Africa (WLSA -Lesotho)MadagascarFPFE (Fédération Pour la PromotionFéminine et Enfantine)NGO Gender Coordination NetworkMauritiusMWO (Media Watch Organisation)MozambiqueForum MulherNamibiaNamibia Non Governmental OrganisationsForum (NANGOF)SeychellesGEMPLUSSwazilandSwaziland Action Group Against AbuseTanzaniaCoordinating Assembly of NGOsTanzania Gender Networking Programme(TGNP)ZambiaWomen in Law Southern Africa (WLSA) -ZambiaZimbabweWomen's CoalitionFaith Based OrganisationsFellowship of Christian Councils inSouthern Africa (FOCCISA)Men’s groupsSonke Gender Justice

Contents

Acronyms 2

List of tables and figures 3

Acknowledgements 4

Executive summary 5

Country context 8

CONSTITUTIONAL AND LEGAL RIGHTS 11

Articles 4-11

GENDER AND GOVERNANCE 27

Articles 12-13

EDUCATION AND TRAINING 37

Article 14

ECONOMIC JUSTICE 47

Articles 15-19

GENDER BASED VIOLENCE 59

Articles 20-25

HEALTH 69

Article 26

HIV AND AIDS 77

Article 27

PEACE BUILDING AND CONFLICT RESOLUTION 85

Article 28

MEDIA, INFORMATION AND COMMUNICATION 89

Articles 29-31

IMPLEMENTATION 99

Article 32-36

GENDER, CLIMATE CHANGE AND 109

SUSTAINABLE DEVELOPMENT

1CHAPTER

CHAPTER

CHAPTER

CHAPTER

CHAPTER

CHAPTER

CHAPTER

3

4

2

5

6

7

8

9

CHAPTER

CHAPTER

10CHAPTER

11CHAPTER

APEC National Action Plan Towards Elimination of Child Labour

AIDS Acquired Immune Deficiency Syndrome

ART Antiretroviral therapy

CSEC Commercial Sexual Exploitation of Children

CSO Central Statistics Office

CEDAW Convention on Elimination of All Forms of Discrimination Against Women

TC Child trafficking

CUBAC Children used by adults to commit crime

DHS Demographic health survey

EMIS Educational management and information systems

HIV Human Immunodeficiency Virus

MoE Ministry of Education

MOH Ministry of Health

NERCHA National Emergency Response Council on HIV and AIDS

OVC Orphans and vulnerable children

PMTCT Prevention of Mother to Child Transmission

SNL Swazi Nation Land

SRH Sexual and Reproductive Health

SWAGAA Swaziland Action Group Against Abuse

MICS Multiple Indicator Cluster Survey

UPR Universal Periodic Review

Acronyms

2 SADC Gender Protocol 2013 Barometer • Swaziland

APEC

AIDS

ART

CSEC

CSO

CEDAW

TC

CUBAC

DHS

EMIS

HIV

MoE

MOH

NERCHA

OVC

PMTCT

SNL

SRH

SWAGAA

MICS

UPR

I Key indicators of the status of women in SADC

Chapter 1

1.1 SGDI and CSC scores on constitutional and legal rights

1.2 Analysis of gender equality clauses in the constitution

1.3 Remaining discriminatory legislation

1.4 Access to justice

1.5 Marriage and family laws in Swaziland

Chapter 2

2.1 SGDI and CSC scores for governance

Chapter 3

3.1 SGDI and CSC scores for education

3.2 Access and enrolment in education sector, 2013

3.3 OVC grant recipients

3.4 Pass rates

3.5 Gender disaggregated data on school administration

3.6 Women and men in university faculties

Chapter 4

4.1 SGDI and CSC scores for productive resources and employment,

economic empowerment

4.2 Women and men in economic decision-making

4.3 Women and men in employment

4.4 Employment by occupation status and sex (ISCO2)

4.5 Conditions of employment

Chapter 5

5.1 SGDI and CSC scores for gender-based violence

5.2 GBV response and support

Chapter 6

6.1 SGDI and CSC scores for health

6.2 Key sexual, reproductive and health indicators

Chapter 7

7.1 SGDI and CSC scores for HIV and AIDS

7.2 Key gender, HIV and AIDS indicators

7.3 Progress in addressing care work in Swaziland

Chapter 8

8.1 SGDI and CSC scores for peace and security

8.2 Gender representation in the defence sector in Southern Africa

Chapter 9

9.1 SGDI and CSC scores for media

9.2 Number of staff and students at UNISWA

9.3 Percentage of employees in Swaziland by sex

9.4 Summary of key findings

Chapter 10

10.1 Signing and ratification of the SADC Gender Protocol by country

10.2 National gender machinery and processes

Chapter 11

11.1 Measures for adapting to climate change and sustainable

development in Swaziland

11.2 Representation of women and men in key decision-making

positions in environment and agriculture

11.3 Summary of financing related to climate and the environment

Tables Figures

I Comparison of the SGDI and CSC by country for 2013

Chapter 2

2.1 Women in political decision-making, 2005-2013

2.2 Women in parliament, cabinet and local government - 2013

2.3 Women in parliament in SADC, 2005-2013

2.4 Proportion of women and men in local government

2.5 Women in cabinet in SADC

Chapter 3

3.1 Literacy levels of women and men

3.2 Proportion of girls and boys in primary school

3.3 Proportion of girls and boys in secondary school

3.4 Proportion of women and men in tertiary education

3.5 Proportion of women and men teachers

Chapter 4

4.1 Women and men in economic decision-making in SADC

4.2 Proportion of women in economic decision-making

Chapter 6

6:1 Maternal mortality rate per 100 000 in Southern Africa

6.2 Total coverage of sanitation facilities

6.3 Contraception use in Swaziland

6.4 Contraceptive usages in Southern Africa

Chapter 7

7.1 Percentage of population infected with HIV

7.2 Percentage of pregnant women living with HIV on PMTCT

Chapter 9

9.1 Entry points for gender in the media

9.2 Women sources in SADC compared to GMPS

Chapter 10

10.1 Costing model developed by Gender Links

ANNEX A: BACKGROUND NOTE ON GENDER AND RELATED

INDICATORS

BIBLIOGRAPHY

7

12

12

17

19

21

28

38

39

42

43

44

44

48

48

54

55

56

59

62

68

71

78

78

83

86

87

90

91

92

93

100

101

114

118

119

5

29

29

30

30

31

39

40

40

40

41

48

49

71

74

74

75

78

80

90

90

101

120

125

SADC Gender Protocol 2013 Barometer • Swaziland 3

Acknowledgements


This 2013 Swaziland Gender Protocol Barometer is an annual publication of the Southern African GenderProtocol Alliance tracking implementation of the SADC Protocol on Gender and Development since the firstbaseline barometer in 2009.

Special thanks to Zakhe E. Hlanze, who updated the 2013 Barometer. Sifisosami Dube, the Southern AfricaGender Protocol Alliance Manager, edited the final report. Colleen Lowe Morna, GL Chief Executive Officer,provided oversight. Ncane Maziya, Gender Links' country manager, and Danny Glenwright, an independentconsultant, assisted with some logistical and administrative aspects of the research. Lucia Makamure,programme officer, constructed the graphs for the report.

GL provides the regional secretariat and coordinates the work of the Southern African Gender ProtocolAlliance. The Swaziland Coordinating Assembly of Non-Governmental Organisations (CANGO), through thegender sector, led by Swaziland Action Group Against Abuse (SWAGAA), is the country focal network ofthe Alliance.

The European Union and the Norwegian Church Aid sponsored this Barometer.

Children look through gender publications and 2011 Barometer at a Gender Links exhibition on Mbabane’s Family Day in August 2012.Photo: Thandokuhle Dlamini

This is the fifth annual tracking report of Swaziland'sperformance against the 28 targets of the SouthernAfrican Development Community (SADC) Protocol onGender and Development set for 2015.

Swaziland signed the Protocol in 2008 and ratified it inSeptember 2012, becoming the eighth SADC country


Executive summary

to deposit its instruments of ratification with the SADCSecretariat.

The Southern African Gender Protocol Alliance tracksthe country's progress using two measures: the SADCGender and Development Index (SGDI), introduced in2011, and the complementary Citizen Score Card (CSC)that has been used for four years. Both measures areimportant: while the SGDI is an empirical measure, theCSC is a qualitative evaluation that gauges citizens'perceptions of the country's achievements against the28 targets.

The SGDI is based on 23 indicators for the six sectorsthat have accurate data (see Annex C for details on theSGDI gender and related indicators). These comprise:Governance (three indicators), Education (three),Economy (five), Sexual and Reproductive Health (three),HIV and AIDS (three), and Media (six). To create thecomposite index, researchers gave each category equalweight by calculating the average score across theindicators in that category. Table 1 at the end of thesummary provides an overview of key indicators forwomen in SADC. Annex A at the end of the reportexplains how the SGDI works, comparing it with othergender-related indicators.

Women municipal workers taking a photo break in Mbabane in 2006.Photo: Thandokuhle Dlamini

Source: 2013 SADC Gender Protocol Barometer.

Figure 1 shows that Swaziland achieved an overall SGDIscore of 65%, placing the country at seventh place outof the 15 SADC countries. This is one percentage lowerthan the 2012 score of 66%. It illustrates that citizenshave been more critical, giving their country an overallscore of 51%, a 13th place ranking. This is onepercentage point lower than the 52% CSC score in 2012.

According to the SGDI, Swaziland's biggest challengeis women's poor participation in governance. Swazilandscores 43% on the SGDI and only slightly higher on theCSC with 47%. It has a ranking of ninth in the regionon both scores because women remain grosslyunderrepresented in political decision-making positionsat all levels - in local government, parliament and

Figure I: Comparison of the SGDI and CSC by country for 2013

Mozambique

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%

Angola

South Africa

Tanzania

Namibia

Lesotho

Swaziland

Mauritius

ZambiaMalawi

Botswana

MadagascarDRC

SGDICSC

Seychelles

60

66

58

75 7771

6870

51

65

51

64

51

6368

61

68

59

75

5954

Zimbabwe

67

77

Regional

average

82

58

79

71

6266

4548

59

The country's response is particularly commendablebecause Swaziland's HIV and AIDS prevalence rate at26% is the world's highest. The 67% SGDI score ranksSwaziland fifth and the CSC score of just a little lowerat 61%, ranks the country fourth. This is a vote ofconfidence for the efforts being made by the govern-ment and NGOs.

Swaziland has also made notable achievements ineducation and has an SGDI score of 99% in this area.The country is likely to achieve gender parity at primary,secondary and tertiary levels before the 2015 deadline.However, the CSC score is much lower, at 55%, possiblybecause citizens expected free education to be rolledout at a faster rate than it has been. It is possible theyalso considered other qualitative aspects; for example,cultural and social influences that still affect girls' accessto disciplines traditionally studied by boys.

Girls are likely to drop out of school, mostly due topregnancies, early marriages and to care for sick familymembers. According to the country's educational policy,a female pupil is suspended from school if she becomespregnant. Gender violence in schools is prevalent,especially cases of male teachers sexually abusing femalepupils. The Swaziland National Asso-ciation of Teachers(SNAT) has developed a code of ethics for teacherswhich bans improper relationships with students, andmakes it a dismissible offence. Another concern is thatSwaziland has the lowest percentage of female teachersin the region; women only make up 16% of all teachersin the country.

In health, the SGDI score of 63% and the CSC score of57% can be seen as encouraging, reflecting thegovernment's efforts to improve the health of mothers,young children and adolescents. Some initiatives havebegun to target men, too. Citizens also possiblyappreciated the new health guidelines that stipulatethat 85% of the population should not live further thaneight kilometres from a health facility. However thematernal mortality rate of 420 out 100,000 live birthsis high.

The SGDI score of 64% for the media indicators isrelatively good compared to some of the other sectors,although few women are quoted as sources in themedia. Gender violence receives more coverage thangender equality and coverage still tends to be sensa-tional, with little information on advocacy campaignsand where to go for help.

With two years to go before the 2015 deadline, pressurefor implementation must increase if Swaziland is goingto meet the legally-binding SADC targets. Because theProtocol is like a detailed roadmap for the achievementof Millennium Development Goal (MDG) Three ongender equality, it will assist the country to make head-way towards monitoring progress on MDG-3 by 2015.


cabinet. The country has no legislated quotas in placeto increase women's representation. Moreover, thereis no plan to review the electoral system despite advocacyin this area by civil society and some political parties.

Gender-based violence (GBV) is another serious problemin Swaziland. With a CSC score of 44%, citizens viewthat the country has much more work to do if it is tohalve GBV levels by 2015. Swaziland ranks at the bottomin the region on this indicator. The country lackscomprehensive legislation that addresses all forms ofGBV. For example, parliament has not yet passed the2005 Sexual Offences and Domestic Violence Bill.Moreover, the bill ignores marital rape and sexualharassment.

Constitutional and legal rights also receive a low CSCrating of 47%, with a country ranking of 14th in theSADC region. Swaziland uses a dual justice system thatallows for both customary laws and the Roman-Dutchlaw. Women still hold minority status and widowsremain particularly vulnerable under customary laws.

Under customary laws, in-laws have disinherited somewomen following the death of their husbands, claimingthat they had not been married. Widows who aremarried by customary rites also do not automaticallybecome the custodian or guardian of their children.Moreover, widows in mourning cannot access certainpublic areas such as schools, stadiums and chiefs' kraals,and they can be subjected to discriminatory treatmentin public.

This year's economy ratings come in slightly higher than2012 with a SGDI score of 59% and CSC at 53%. However,women dominate the informal sectors where most oftheir activities have been deemed illegal. Therefore,women are left vulnerable to police harassment,imprisonment and loss of livelihood. Women also lackequal control and access to land and other resources.Only single women and those married out of communityof property without the husband's marital power, withan ante-nuptial contract, have access to credit andproductive resources - such as land title deeds - onalmost an equal footing with men.

The minimum age for marriage under customary lawscontinues to be a major concern. It has been associatedwith puberty and has often resulted in girls droppingout of school. However, lawmakers have implementedlegislation to deter would-be perpetrators and tosanction those practicing early marriage. Societyconsidered the marriage of an adult man to an underagegirl - known in SiSwati as kwendizisa - a legal grey areaprior to the promulgation of the Children's Protectionand Welfare Act of 2012.

Swaziland receives one of its highest ratings for itsresponse to the devastating HIV and AIDS epidemic.


% WOMEN

ZIM

BA

BW

E

16

19

16

50

46

43

23

37

62

57

31

36

14

100

960

59

66

46

60

54

13

38

11

25

57

15

TA

NZ

AN

IA

SO

UT

H A

FR

ICA

SW

AZ

ILA

ND

NA

MIB

IA

12

6

11

49

45

52

23

73

86

11

14

22

12

100

440

41

57

38

57

86

33

27

28

29

61

21

31

34

20

50

44

32

21

50

90

6

4

31

12

100

449

34

51

45

55

74

36

22

27

28

60

19

22

18

25

48

50

51

40

53

71

n/a

n/a

32

12

0

736

51

74

52

57

95

40

33

29

33

37

21

42

38

41

50

55

58

23

49

62

28

23

45

16

60

176

60

91

27

59

95

50

38

34

50

64

20

44

n/a

27

50

50

n/a

33

68

79

5

4

54

14

100

0

41

99

67

42

95

n/a

n/a

na

n/a

n/a

31

MO

ZA

MB

IQU

E

MA

UR

ITIU

S

MA

LA

WI

MA

DA

CA

SC

AR

DR

C

LE

SO

TH

O

BO

TS

WA

NA

AN

GO

LA

25

42

20

49

53

53

25

63

69

32

23

41

12

100

449

46

81

65

50

85

40

39

37

47

60

20

39

36

32

47

44

38

25

86

83

n/a

n/a

11

9

100

550

44

53

34

60

51

27

25

32

28

26

17

19

26

8

49

48

61

33

37

63

12

5

38

12

100

62

76

100

87

19

95

33

36

23

79

82

25

22

n/a

30

50

45

40

27

76

98

10

5

15

8

100

460

36

73

42

58

53

23

27

24

29

50

24

14

6

27

49

49

48

10

84

89

5

2

38

14

100

498

32

44

54

58

8

33

10

19

44

71

24

26

49

22

49

57

n/a

21

55

73

25

21

63

12

0

620

56

62

29

58

62

73

47

52

67

73

32

10

2

17

46

36

n/a

21

70

72

36

n/a

26

12

67

549

5

74

21

58

6

22

18

10

18

77

17

8

19

14

50

52

53

43

72

82

20

15

43

12

67

160

44

99

40

58

95

46

24

37

37

54

24

Table IV: KEY INDICATORS OF THE STATUS OF WOMEN IN SADC COUNTRIES

SE

YC

HE

LL

ES

33

n/a

20

46

44

40

29

76

77

n/a

n/a

24

12

100

593

6

47

7

61

14

n/a

n/a

n/a

n/a

n/a

n/a

ZA

MB

IA

GOVERNANCE

Parliament

Local government

Cabinet

EDUCATION

Primary School

Secondary School

Tertiary level

ECONOMY

Economic decision making

Labour force participation - Women

Labour force participation - Men

Unemployment - Women

Unemployment - Men

Women in non-agricultural paid labour (% of labour force)

Length of maternity leave (weeks)

Maternity leave benefits (% of wages paid)

SEXUAL AND REPRODUCTIVE HEALTH

Maternal mortality rate (out of 100,000)

Using contraception

Births attended by skilled personnel

HIV and AIDS

Comprehensive knowledge on HIV and AIDS women

Living with HIV as proportion of total

HIV positive pregnant women receiving PMTCT

MEDIA

Overall

Board of directors

Management

Female staff in institutions of higher learning

Proportion of students in institutions of higher learning

News sources

Source: Gender Links 2013. na = not availableNumbers in red have regressed whilst numbers in green have progressed over the last year.

Country context


The Kingdom of Swaziland is the smallest SouthernAfrican nation and is one of the world's few remainingabsolute monarchs. The country is about 200 kilometresnorth to south and 130 kilometres east to west. It islandlocked and surrounded almost entirely by SouthAfrica, with Mozambique encircling the eastern border.

The people, known as the Swazi, are almost homo-genous, with no distinct ethnic groups. They have twoofficial languages: English and siSwati. Womenoutnumber men, 53% and 47% respectively. Thepopulation is young with 44% less than 15 years andfewer than 4% of the population older than 64 years.The high mortality rate for both females and malesbetween 20 and 45 years is mostly due to the HIV andAIDS epidemic. The current HIV prevalence rate among15-49-year-olds is 26%, the world's highest. AIDS hasrobbed families of the main breadwinners and left manychildren without parents.

Under the leadership of the previous monarch, KingSobhuza II, Swaziland gained independence in 1968from British rule. Since 1986, King Mswati III has ruled,

holding executive powers. In 2005, the king signed thecountry's constitution, confirming the monarchy'sexecutive powers.

Swaziland is a non-party state. The king appoints thehead chief in all chiefdoms - they manage day-to-dayaffairs and take responsibility for justice in chiefdoms.The country is divided into 55 tinkhundlas(constituencies). The parliament is made up of a Houseof Assembly and a Senate. Citizens can elect up to 60members to the House of Assembly via tinkhundlaelections and the king may nominate up to ten members.The attorney general serves as an ex-officio member.House of Assembly members elect ten representativesto the Senate (half of whom must be women) and theking appoints the remaining 28 senators. The countryhas a dual justice system which takes into account bothcustomary laws and the Roman-Dutch law. Accordingto the new constitution, women's representation shouldbe at least 30% in parliament, which falls short of the50% advocated in the SADC Gender Protocol.

The agricultural-based economy has diversified intomanufacturing industries which include sugar processing,wood pulp production and food canning. However, theeconomy has stagnated over the past five years, withan average annual growth rate of only about 2% (WorldBank 2011). The World Bank also predicted that theeconomy likely contracted further in 2012. An estimated28% of the population is unemployed. Wealthdistribution is unevenly distributed with the poorestquintile controlling only 4.3% of the wealth in contrastto the top quintile controlling 56.4%.

Tenured Swazi land is divided into three categories:communal property on Swazi Nation Land (SNL),freehold rights on private land known as Title DeedLand (TDL) and Crown land. The king owns the title toSNL, TDL and Crown Land. He may divide the landamongst chiefdoms for allocation to individuals forcultivation, residence and communal grazing, but notfor ownership.

The land tenure structure can result in women lackingequal access to land. The SNL is allocated through thekukhonta tradition whereby men pledge allegiance tochiefdoms in exchange for land rights. Since womenremain barred from performing kukhonta, they canonly be permitted such rights through special allocationprogrammes which grant land access for commercial

use. Some women have formed cooperatives to takeadvantage of such programmes. Individual ownershipof TDL is permitted for residential, business andcommercial agricultural use if the buyer has a registeredcompany. While single women can own and registerbusinesses in their own names, married women cannotown land or secure loans, making them reliant on their

husband's signatures. This leaves a woman's enterprisevulnerable because her husband can sell his wife'sbusiness or his family can claim the enterprise upon hisdeath. Crown land can also be sold to individuals; somehas been allocated to individuals on a “temporary”basis for many years but without any formal rights overit.

Women of Lutsango delivering reeds in Swaziland. Photo: Colleen Lowe Morna


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