A fresh look at. Swdgroupmtg2-11.jpg. Gender in Swaziland

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1 A fresh look at Swdgroupmtg2-11.jpg Gender in Swaziland 0

2 You cannot assume that people are with you, when you are not with them. Elizabeth Lwanga, Resident Representative, UNDP Swaziland Photo to follow This was a vigorous, unrelenting, passionate exercise that paved the way for change, touched our hearts and souls. Phesheya Dlamini, Attorney General of Swaziland SwdAG.jpg 1

3 CONTENTS PLEASE FILL IN AT THE END Acronyms Acknowledgements Foreword Executive summary Chapter one: Introduction Chapter two: UNDP approaches and support Chapter three: The Gender Dialogues Chapter four: Signs of change Chapter five: Future challenges Chapter six: Lessons learned Chn.jpeg ANNEXES List of interviews References 2

4 ACRONYMS AG ACHPR APFA AIDS AU BPFA CANGO CCF CDC CEDAW CRC ESRA FLAS FODSWA GD GFP GP GoS HIV IEC MoHA NDS NGO SADC SEGA SNC SC UNCT UNDP WILDAF WLSA Attorney General African Charter for Human and People s Rights African Platform for Action Acquired Immune Deficiency Syndrome African Union Beijing Platform for Action Co-coordinating Assembly of NGOs Country Co-operation Framework Constitutional Drafting Committee Convention on the Elimination of All Forms of Discrimination Against Women. Convention on the Rights of the Child Economic and Social Reform Agenda Family life Association of Swaziland Federation of People with Disabilities in Swaziland Gender Declaration Gender Focal Point Gender Policy Government of Swaziland Human Immuno-deficiency Virus Information Education and Communication Ministry of Home Affairs National Development Strategy Non-governmental Organisation Southern African Development Community Social, Economic and Gender Analysis Swaziland National Council Standing Committee United Nations Country Team United Nations Development Programme Women in Law and Development In Africa Women and Law in Southern Africa Research Trust 3

5 Acknowledgements This booklet draws from the reports of the consultancy teams engaged in the Integrated Approach to Gender Equality Strategy and the Gender, Human Rights and Law Reform projects of the UNDP. The reports are brought to life through interviews with various participants in the initiatives listed in Annex A. Their insights are at the heart of this work. The UNDP engaged Gender Links, a Southern African NGO that promotes gender equality in and through the media, to document these two initiatives. The consultants conducted the interviews with assistance from members of the Swaziland Media and Gender Watch (SMEGWA). UNDP staff responsible for the project provided invaluable support and information. Work of this nature can only be done through partnerships. The critical contributions of the following are deeply appreciated: The Attorney General and all his staff. The Gender Unit of the MOHA. Management and staff of UNDP. Ministry of Economic Planning and Development (MEPD) Executive Committee of Lutsango lwa ka Ngwane. Members of the Swazi National Council Standing Committee. Leadership of both Houses of Parliament. Swaziland members of the Gender Committee of the SADC Parliamentary Forum. Swaziland Institute of Management and Public Administration. (SIMPA) The NGOs working on gender and human rights: WLSA, UMTAPO wa Bomake, SWAGAA, FLAS, Save the Children, MISA, Council and Conference of churches, FODSWA. Government Gender Focal Points. Legal Practitioners. Magistrates. Media practitioners. The Judicial Commissioner and the National Court Presidents. UN Agencies. All institutions and individuals who gave their time for interviews and dialogues. Swdgroupmtg.jpg 4

6 Foreword In March 2004, Swaziland ratified the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) without reservation. This means that all countries of the Southern African Development Community (SADC) have now ratified this global cornerstone of women s rights. Many processes underpinned this landmark decision by the government. At least one of the contributory factors is the gender dialogues held with a spectrum of influential stakeholders across Swazi society in 2002/2003 as part of a unique partnership between the Attorney General s Office, Ministry of Home Affairs-Gender Unit and UNDP- Swaziland. The signing of CEDAW certainly cannot be attributed only to the dialogues that engaged stakeholders and raised some heated debate. But they built bridges of understanding between groups that hitherto had not been communicating on this issue, paving the way for this crucial turning point in the quest for gender justice. The Gender, Human Rights and Law Reform Project formed part of the UNDP s Democratic Governance and Gender Mainstreaming Programme in partnership with the AG s office because of its responsibility for the promotion and the protection of human rights. Other partners under the project were the National Emergency Response on HIV and AIDS (NERCHA) and LeaRN. The dialogue approach came about after much soul searching over how best to go about changing gender relations to add value to Swazi society that is based on very strong traditional and cultural values, principles and practices. Much had been said in Swaziland about gender equality. Unfortunately, for the most part we were talking to ourselves and to the converted. The complexity of Swaziland and the dominance of culture meant that we needed a multi prong approach. We had to look for various entry points: the law, gender and development, the legal status of women and, most of all, challenging the deepseated suspicions that surrounded any talk of gender equality. Swaziland is unique in Southern Africa for its strong sense of identity; a positive factor in a globalising world in which many find themselves without any kind of grounding or roots. We reasoned that every culture has room for respecting women. We wanted to present those aspects of Swazi culture that provide entry points for promoting dignity. The strategy involved affirming the positive tenets of culture while challenging any oppressive tendencies. A number of factors provided a welcoming environment for this discussion. They included the pressure to ratify CEDAW; the draft Constitution that includes an equality clause; the government s draft gender policy; as well as the SADC Declaration on Gender and Development. One cannot hope, in a few hours, or even in a day, to transform attitudes that have been formed over a lifetime, constantly reinforced by custom, tradition and religion. 5

7 But what the dialogues succeeded in doing is taking away the bitter edge to the debate; opening the door to better understanding, as well as some immediate legislative reforms that keep wedging the door open a little wider. This booklet records and shares this unique story of change - in- progress both as a contribution to Swaziland s history, and because of the universal relevance of the lessons learned, especially in countries grappling with similar circumstances. We are painfully aware that what this project achieved is only a beginning. Sustaining the momentum poses huge challenges. But with the ratification of CEDAW, we are assured that there is no turning back. Swaziland, like the rest of the world, has irreversibly committed itself to a future in which women and men are free to realise their full potential. We are proud to have had some small hand in this momentous development. Phesheya Dlamini Attorney General Chinwe Dike UNDP Resident Representative SwdCLMandAG.jpg Caption: Pheshya Dlamini being interviewed by GL director Colleen Lowe Morna 6

8 Executive summary Swdmancarryingload.JPG 7

9 This booklet centres on the UNDP s support to gender-related work in Swaziland over the period 2000 to The challenges faced in Swaziland, a society in which traditional and modern systems coexist, are not unique. As such, UNDP Swaziland felt it important to document the strategies employed, especially through a unique series of gender dialogues, as a best practice for consideration by other UN colleagues and partners. The booklet highlights two main initiatives, the Integrated Approach to Gender Equality Strategy and the Gender, Human Rights and Law Reform Project which was undertaken in collaboration with Ministry of Home Affairs-gender Unit. Emphasis is, however, placed on the Gender, Human Rights and Law Reform project as this marked a turning point for gender in Swaziland under the support of UNDP. Talking through change Dialogues on gender and human rights with groups of traditional leaders that had hitherto been left out of the gender discourse formed the most innovative step in this approach. These interactive sessions deliberately avoided a workshop style or format; structured instead as working meetings for debating, negotiating, and making concrete recommendations. The dialogues involved a complex process of give and take. For example, in Swaziland the word rights provokes strong suspicion and resistance, among women and men. The dialogues achieved tremendous progress towards ownership of CEDAW and the SADC Declaration on Gender and Development through the alternative use of the word opportunities. To win over traditional structures and institutions, guiding questions included: What and where are entry points for addressing gender gaps and disparities? What opportunities are presented by the fact that the office of the Queen mother, Indlovukazi, symbolises that women are given status in Swaziland. How can this be used to ensure that the rights of women are protected and promoted? What windows of opportunities are presented by the HIV/AIDS pandemic for achieving greater understanding of gender issues? The approach involved dispelling the notion that gender equality means a blanket throwing out of all traditional and cultural principles, practices and regulations. On the contrary, the dialogues sought to identify positive elements in the traditional system, highlighting them and expanding or adjusting them to cover women s human rights. The creation of partnerships and working relations with traditional institutions and leadership not previously included in the gender discourses - men and women - formed another key strategy. 8

10 Outcomes Although it would be simplistic to view the dialogues as a panacea, there is a distinct move Swdpolicewoman.JPG toward a more positive attitude towards women s human rights and gender equality in Swaziland. This is exemplified by several developments, chief among which are: The progressive gender provisions in the draft Constitution released for public discussion by the Constitutional Drafting Committee (CDC) in June 2003; The presence of women on the CDC; The adoption of an HIV/AIDS policy with progressive provisions for the advancement and empowerment of women; The number of senior traditional leaders that participated actively in the dialogues; The requests for capacity building and literature support on gender and human rights made by these institutions and leaders; The increased representation of women in the National Assembly, Senate and cabinet following the 2003 elections; Increased and better quality media coverage on gender issues; Concrete steps for the reform of the Marriage, Deeds Registry and Administration of Estates Acts as well as other legislative reform. The ratification of CEDAW Challenges Moving into the future, four strategic areas of focus have been identified. These are: Reform of critical laws; Adoption of a new Constitution; Domestication and implementation of CEDAW and the SADC Declaration on Gender and Development as well as Capacity building for gender responsive laws for the Attorney General s Office and other identified critical players. Structure The booklet consists of seven chapters. The introductory chapter sets out the background and context for social change. It highlights the coexistence of modern and traditional systems and the subordinate status of women in Swaziland, as well as the international, regional and national commitments to ensuring that women and men can participate equally and effectively in development. Chapter two highlights the approaches that have been taken by the UNDP in supporting regional and international commitments, and national strategies for advancing gender equality. These began with an Integrated Approach to Gender Equality, a partnership between the Ministry of Home Affairs Gender Unit and UNDP 9

11 spanning several sectors that grew into a focus on gender, human rights and the law, the project under which the gender dialogues took place in partnership with the Attorney General s Office and Ministry of Home Affairs Gender Unit. The chapter outlines the various measures taken under the Gender, Human Rights and Law Reform project, including a gender audit of all laws in Swaziland and of the Attorney General s Office, which formed the essential building blocks for the gender dialogues. Chapter three outlines the philosophy behind the gender dialogues conducted in Swaziland by the AG s office and UNDP over the period late 2002 to early 2003, the targets identified, process and key strategies adopted. Chapter four presents three case studies, as well as the personal reflections of the 77 year old President of Lutsango, Aylline Dlamini, as a measure of changing attitudes towards gender equality in Swaziland. Chapter five summarises key challenges, both with regard to legislative reforms, as well as the longer term challenges of public awareness and education. Chapter six draws together the lessons learned. Each chapter carries examples, anecdotes and reflections of those most directly involved, giving a human face to this multifaceted and dynamic account of social change. 10

12 Chapter one Introduction SwdMaidens on Mountain.JPG 11

13 S waziland is one of only three surviving national kingdoms in Africa. Its small population of around one million is largely agrarian, making a living on agriculture. The majority of women are found in the rural areas, where there are high levels of poverty. The King rules in consultation with the Cabinet, headed by a Prime Minister, and a bicameral parliament with elected representatives. The legal system consists of customary laws and systems operating side by side with common and statutory laws derived from Roman/Dutch law. The system of Government combines traditional and western concepts. Swazi society is characterised by the co-existence of both traditional and modern modes of life. It has a strong cultural identity, which permeates all forms of social, political and economic interaction. This has a strong bearing on the gender relations. This chapter sets out the key gender gaps in Swaziland. It also outlines important international and regional commitments that have provided an impetus for change. This is followed by a description of the various measures that have been taken at national level to advance gender equality: the essential context for this case study. Gender gaps Women in Swaziland are regarded as minors in relations to their husbands either under customary law or civil law unless otherwise stated. This limits their independent access to family and community resources such as ownership of property, credit, reproductive health services, inheritance, etc. Statistics show that women are more vulnerable to the HIV/AIDS pandemic since they have no power on decisions that affect their lives at community and national levels. These gender inequalities are experienced throughout the lifecycle and are perpetuated by socialisation, prevailing legislative practices and some socio-cultural norms, values and practices. Despite the high literacy and education rates among women and high enrolment rates for girls, indices on poverty show that the majority of the poor are women and female-headed household. The feminization of poverty in Swaziland manifests itself in various forms such as lack on income; exclusion from market, social and political life, unequal national and community resource allocations and rapid population growth. The majority of women are engaged in informal activities of a survivalist nature. Due to the HIV/AIDS pandemic there is a growing number of single female-headed households (widows) and child headed households (orphans) especially in the rural areas. These people have no income to sustain their livelihoods and maintain their dependents. The majority of dependents are not economically active, consisting mainly of persons with disabilities, the youth, the ill and the elderly, which also form groups in society that are vulnerable to poverty. The issue of poverty amongst the youth is increasingly evidenced by the growing number of street children in the urban centers. 12

14 While women constitute 53 percent of the almost one million people, their representation in politics and decision- making is estimated at only two percent. This is due to socio-cultural perceptions and inhibitions that authority is the natural preserve of men; lower economic status, persistent differentiation in the field of training and occupation and the uneven distribution of roles and responsibilities between men and women. Some women in positions of power tend to distance themselves from women s causes because they believe that these will be detrimental to their own progress. There is also a widespread misconception that the fight for women s rights is of concern only to educated urban women who have been exposed to foreign influences. All these limitations inhibit women s meaningful participation in development. International context Although women continue to be discriminated against in many ways in Swaziland, the status of women, their participation in, and benefit from, national development has received growing attention at the national, regional and international levels, especially in the last three decades. The four world conferences on women held since 1975 in Mexico, 1980 in Copenhagen, 1985 in Nairobi and 1995 in Beijing have been the main rallying points for the human rights of women at global level. The Nairobi Forward Looking Strategies for the Advancement of Women (1985) and the Beijing Platform For Action (1995) prompted Swaziland to draw up its first strategies for gender equality. Swaziland first committed to ratify CEDAW in July 1999, but it ratified the Convention in March of Regional context In September 1997, the fourteen heads of state of the Southern African Development Community (SADC), including the King of Swaziland, unanimously adopted the SADC Declaration on Gender and Development. This Declaration commits the SADC leaders and their respective states to: repealing and reforming all laws, amending constitutions and changing social practices which still subject women to discrimination, and enacting empowering, gender sensitive laws. The Declaration also commits heads of state to ensure at least one third women in all areas of decision-making by The powerful impact of the SADC Declaration which brings the debate on the importance of gender equality to regional and national development closer to home is yet to be felt but it presents tremendous opportunities for really addressing gender imbalances. The fact that the Declaration bears the signature of His Majesty the King raises a new dimension to this issue for the traditional leaders who often thought that culture and gender are incompatible. 13

15 The National Development Strategy The need to challenge the minority status of women has been highlighted in several national documents. Since independence in 1968 national objectives together with policies and strategies for achieving these are laid down in five-year successive plans and in three year rolling development plans. In 1988 the government embarked on an improved and more comprehensive planning system. This process started with the Economic Review Commission going around collecting people s views and publishing a report in 1995, leading to a National Development Strategy. The National Vision 2022 articulated in the National Development Strategy (NDS), spells out a number of strategies aimed at eliminating the gaps and offering equal opportunities to all citizens irrespective of their sex. The NDS also emphasizes adoption of a gender- balanced approach to development in all national development plans, policies and projects. Gender and the NDS The NDS makes reference to gender and its related tasks under several topics. For example: Law and Order, Defense and Security: There is reference made to a programme to review, research and codify certain aspects of Swazi Law and Custom to ensure uniformity and consistency in its application. Planning: There is a proposal to develop mechanisms for mainstreaming gender in development planning. Land Use and Tenure: Progressive proposals include developing a land allocation policy which will ensure that both men and women have equal access and ownership opportunities especially on Swazi Nation Land. Marketing: The emphasis on promoting rural market, usually the domain of women who are also the ones hardest hit by poverty has important implications for gender equality. Education and information: Suggestions include the education and sensitization of the public to abuse of children and women as well as sexual harassment. Policy and legislation: The commitment to review inheritance rights for both traditional and civil law has implications for women in inheriting from their deceased spouses and the position of illegitimate children with regards to maintenance. 14

16 Cultural awareness and dynamism: This section stresses both the importance of cultural identity in Swaziland and its dynamic nature. Disadvantaged groups: This section stresses importance of focusing on socialitsation to change attitudes and behaviour patters. Empowerment: This lays an important emphasis on women. Participation and coordination: The proposal to ascertain from communities themselves how local authorities can be made more accountable and responsive to local needs has important implications for gender equality. Economic and Social Reform Agenda The Economic and Social Reform Agenda (ESRA) occurred in two phases. The first phase came about against the backdrop of slow economic growth, stagnating investment, a high and rising level of unemployment, unstable labour relations, a costly and relatively inefficient public service and rapid population growth. ESRA 1 sought to lay the foundations for recovery including institutional building blocks such as the Swaziland Investment Promotion Authority and the Anti Corruption Commission. ESRA 1 also led to necessary legislation, such as the Industrial Relations Act, being passed. Of particular importance was the establishment of a task force to promote gender equality as part of the process, in line with the NDS and international conventions. The task force recommended the strengthening of institutional arrangements dealing with gender relations, implementing appropriate legislative reforms, ensuring a better understanding of civil and customary laws and promoting a culture of transparency in recruitment and promotion in the public and private sectors. ESRA II specifically called for the incorporation of gender in all government activities, policies and programmes for the country to be better placed to address social and economic challenges. Under the heading Social Welfare, sub-heading Gender, there is an undertaking by government to implement action programmes arising from the task force report on gender issues. There is also mention of the achievement of gender equality through sensitization workshops for stakeholders; an undertaking to produce a national policy on gender and women s affairs by the end of 1999 and for supporting legislation to be initiated by March 2000 and to ratify CEDAW by 31 December The ESRA 11 document targets poverty alleviation as its main area of focus. Over the years the Government of Swaziland has undertaken a number of initiatives to ensure equal participation of women and men in achieving the national objectives of economic growth, self-reliance, social justice and stability. As part of the commitment to promoting women s participation in development through ESRA, an implementing body for the NDS, the government appointed a ninemember Task Force in 1997 to draw up a gender policy statement. 15

17 Gender structures In March 1994, the government launched the Swaziland Committee on Gender and Women s Affairs (SCOGWA) within the Ministry of Home Affairs to serve as the main co-coordinating body for the development of a gender programme through lobbying and advocacy. The forum, which comprises key ministries, NGOs and the private sector, formulates policies and programmes to be incorporated into the national action plans. Among its activities, SCOGWA prepared a Gender and Women Issues Paper and the Swaziland Platform for Action for Equality Development and Peace. This activity was carried out in collaboration with the Gender Sector Committee (GSC) one of the eight NDS sector committees. Lobbying and advocacy by SCOGWA, coupled with efforts by national, regional and international organizations, led to a Gender Unit (GU) being established. Its main objective is to facilitate mainstreaming of gender concerns into all sectors of national development to ensure that men and women, boys and girls contribute fully to national development and benefit equally from national resource allocations. In 2000, the government identified Gender Focal Points (GFP s) in all government ministries. The role of the Gender Focal Points is to facilitate integration of gender issues in Government s policies, programs and projects. Although the GU has limited human and financial capacity, it has been able to link up with other players to bring gender issues to the agenda of government. The Unit has coordinated government participation in many gender meetings. A number of GFPs have been given gender training and they have represented the country at various fora. The National Gender Policy Statement In 1997, at the same time that the government established a Gender Unit, a Gender Task Force was established under the Prime Minister s Economic and Social Reform Agenda, charged with drafting of a gender policy statement that would assist in the formulation of a National a Gender Policy. The Gender Task Force coordinated the drafting of a position paper that would assist in the formulation of a National gender policy which would consolidate and coordinate the work being done in this field as well as to provide viable national machinery for advancing gender equality. The five critical areas identified as priorities for Swaziland are: Minority Status of Women Participation in Decision Making Education and the Girl Child Employment and Women s Economic Empowerment Violence against Women 16

18 Efforts by civil society In recent years, many civil society organisations have been formed and many have worked on gender issues in concert with the GU. There are also several women s rights organisations that are addressing specific issues and creating awareness, capacity and commitment to a gender agenda. The advocacy role of these organisations has drawn attention to issues that previously remained unattended to. They have effectively articulated the human rights components of issues like violence against women and children, the vulnerability of women with disabilities, inhuman aspects of some mourning rites, the limited legal and economic capacity of women and the under representation of women in decision-making bodies at all levels. Civil society organisations in the country have also drawn attention to the fact that the country has lagged behind in ratifying, implementing and reporting on a number of international and regional instruments relating to gender and human rights. They have also pointed to the various pieces of legislation that need to be reformed, amended or repealed to promote gender equality, especially to bringing an end the minority status of women. They have over the years organized many workshops and seminars to sensitise people on gender and to build capacity for mainstreaming gender in the various aspects of development. HIV/AIDS Policy The seriousness of the HIV/AIDS pandemic in Swaziland, as in the other countries of the sub-region, presents a major threat as well as an opportunity for highlighting the gender dimensions of the pandemic. The lowly status of women, and especially their inability, often, to negotiate safe sex, has been shown to be responsible for the high rates of infection among women. In all the initiatives to find lasting solutions to the pandemic, legal, economic, political, cultural and social constraints in the lives of both women and men are being examined. This presents an important entry point for gender and human rights. The fact that the pandemic has led to an unprecedented number of female and child headed households poses a further challenge and opportunity. The draft Constitution The Constitutional Drafting Committee set up by the King in 2002 to produce a new constitution for the country presented a draft for discussion and validation of its findings in June The validation exercise has provided room for discussions on vexing gender issues. 17

19 However, the fact that gender and human rights issues are covered provides a tremendous opportunity. If included in the final draft and implemented, the minority status of women would finally be ended. This core document provides a solid starting point and can be improved to provide more rights and opportunities for both men and women such as those relating to citizenship. The 2003 elections The 2003 elections in Swaziland, the regional and global crusade for democracy and good governance has also provided an important window of opportunity for advancing gender equality in Swaziland. (Include as part of the opportunities in the national initiatives section) Five women won seats and two were appointed to the assembly, bringing the number to seven. There are eleven women in the senate. This brings the total number of women in the Swaziland parliament to 18 out of 95, an increase from 8.4 percent in 1998 to 19% percent in Parliament has committed itself to a number of legislative reforms for the advancement of women during this session. 18

20 Chapter two UNDP approach and support Swd Gogo Cow Herd001.jpg 19

21 In response to the government s commitment to promoting women s effective participation in development, the UNDP s support to gender in Swaziland is spelled out under its Democratic Governance and Gender Mainstreaming Programme drawn from the United Nations Development Assistance Framework (UNDAF) and the 2 nd Country Cooperation Framework (CCF) from The Democratic Governance and Gender Mainstreaming Programme aims to mainstream gender in all national development initiatives, strengthen capacity of the Gender Unit, as well as support law reform and the social transformation of structures that promote gender inequalities. This chapter outlines the two main UNDP programmes to support Swaziland s efforts to advance gender equality: the Integrated Approach to Gender Equality Strategy and the Gender, Human Rights and Law Reform project. These, and especially the latter, provide the essential context for the gender dialogues. Integrated Approach to Gender Equality Strategy UNDP Swaziland supported the Ministry of Home Affairs Gender Unit to spearhead this strategy based on a number of mutually reinforcing approaches which were Participatory Communication and Development Support Communication (PRCA), Media Awareness on gender issues, Social, Economic and Gender Analysis (SEGA), Gender, Law and Development, Research into Swazi Culture and Tradition and Gender Focused Responses to HIV and AIDS that were intended to inform and contribute to the drafting of the National Gender Policy. The rationale for the a multi-dimensional approach to gender equality in Swaziland came out of the need to enhance the bridging of gender gaps that still exist in Swazi society for the benefit of accelerated responses to major development challenges that the Kingdom faces. Objectives The Integrated Approach to Gender Equality in Swaziland that ran from August 2000 to 2001, aimed to: Enhance awareness of the need for gender balance; Equip targeted sectors of Swazi society with skills to make this happen; Harness the support of men, women, policy makers and development agents in the promotion of gender equality; Strengthen partnerships among institutions in this effort; and Develop a new and innovative approach to the advancement of women. Participatory Communication and Development Support Communication This component aimed to explore the possibilities of using participatory communication approaches in empowering communities, identifying communities needs, opportunities, problems and solutions. It drew from a wide range of community development workers, health workers, NGOs, government extension workers. A partnership was formed with SADC-CCD based in Zimbabwe. Media Awareness 20

22 The objective of this component was to create awareness on gender equality issues and to deliver training for media personnel to promote gender sensitive reporting by the media. UNDP worked with the Swaziland National Association of Journalists, which provided twelve journalists (six males and six females) with support from UNESCO to serve as media research fellows for a period of four months. Two media fellows were also to the gender unit during the policy consultative process. Social, Economic and Gender Analysis (SEGA) A new approach to gender equality, SEGA aimed to ensure a gender lens in the economic and social analysis process. The tool targeted policy makers, planners, programme designers and implementers to include gender analysis at the same time that economic and social analyses are carried out. Gender Focused Responses to HIV and AIDS In collaboration with UNIFEM and with support from the UNDP HIV and Development Programme this component specifically aimed at increasing awareness of concerns of women living with HIV and AIDS and developing capacities of women s organizations and other agencies to ensure the integration of a gender perspective in their intervention on HIV and AIDS. The component identified issues that required policy action. Trainers from Swaziland attended a Training of Trainers Workshop funded by UNIFEM on this component. Gender, Law and Development The UNDP partnered with the Ministry of Housing and Urban Development under its Urban Development Project, which aimed at promoting gender equity in access to ownership of land. The project also aimed at developing a case study to assist in reflecting the glaring problem caused by the minority status of women and used to contribute to law reform. Research into Swazi Culture and Tradition Central to the activities of this strategy is the recognition of the uniqueness of Swazi traditional values and the challenges of identifying positive entry points which can be used for advocacy to promote gender equality. National Gender Policy The outcomes of the above five components which were mainly research oriented assisted in feeding information to be used in the formulation of the National Gender Policy. To promote further participation by stakeholders in the formulation of the National Gender Policy various consultations were held nationally with youth, people with disabilities, Gender Focal Points from both the Government and NGOs, traditional authorities, women s SwdgenderunitGwebu.JPG Caption: Acting head of the Gender Unit, Gideon Gwebu 21

23 groups and other civil society groups, which included NGOs working on gender issues. These consultations centred on the twelve critical areas of concerns with the aim of creating awareness of gender issues and coming up with strategies that will help to inform the drafting of the National Gender Policy. A Gender Technical Advisory Committee was set up to assist the Gender Unit in the formulation process. UNDP further assisted in the provision of a Gender Specialist through the United Nations Volunteer (UNV) Programme to provide. Alongside the consultations public campaign were carried out through the media both print and electronic to assist in motivating people to participate in the formulation of the Policy. The draft gender policy is currently before Cabinet awaiting approval. It is developed along ten thematic areas: Culture, Family and Socialization, Poverty and Economic Empowerment; Health, Re-productive Rights and HIV/AIDS; Education and Training; Legal and Human Rights; Politics and Decision Making and Gender Based Violence; Information, Communication and Arts, Environment and Natural Resources, People with Disabilities. Achievements Following the initial phase, a consolidation workshop drew out outcomes, and recommended follow-up actions. Participants felt that the Integrated Approach to Gender Equality Strategy laid the foundation for the promotion of gender equality and equity and advancement of women. The following are the major achievements of the Integrated Approach to Gender Equality so far: A pool of 30 core trainers have been trained with skills in Participatory Communication for development; Social Economic and Gender Analysis; and strengthening of community responses to HIV/AIDS with a gender dimension. Research studies have been carried out on the needs of women infected and affected by HIV/AIDS and Trainers from Swaziland on Gender focused responses to HIV and AIDS. There is an increased awareness of the need for promoting equal participation of women and men for accelerating development. There is greater awareness by the media on the need to report on such issues as poverty, HIV/AIDS and gender. Accelerated advocacy on the use of Swazi culture as an entry point for addressing gender issues. A gender mainstreaming tool has been piloted at the Swaziland Institute of Management and Public Administration (SIMPA), which is a government-training center for civil servants. It is now institutionalised as part of the training courses being offered at the institute. Draft Gender Policy produced. The strategy has provided fertile ground for follow-up action. A unique dimension of the strategy is that it sought to highlight all the areas in which gender inequality is perpetuated such as in the laws, media reporting, planning and programming processes, every day life and in development challenges like the HIV and AIDS pandemic. 22

24 The strategy underscored the need to further intensify support to gender issues since this has generated a lot of commitments from government and civil society organisations. One of the entry points identified was law reform for gender equality, equity and human rights. Gender, Human Rights and Law Reform Project The Integrated Approach to Gender Equality gave rise to the Gender Human Rights and Law Reform Project in which the gender dialogues played a pivotal role. A joint initiative of the AG s office, the UNDP and the Gender Unit of the Ministry of Home Affairs (MoHA), the Gender, Human Rights and Law Reform project was officially launched on the 29 January The AG s office currently has the responsibility for law reform and human rights in the government of Swaziland. The minority status of women, as well as other related human rights issues, especially the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), led to the Gender, Human Rights and Law Reform project with the AG s office. Several activities carried out under the Integrated Approach to Gender Equality Strategy converged in this project that had, as an overall objective, strengthening the capacity of the AG s Office to address gender and human rights issues in all aspects of its work. The expected outcomes of the Gender, Human Rights and Law Reform Project are: Ongoing capacity support to the Attorney General Chambers to integrate gender and human rights issues into all aspects of their work. Ratification, domestication and implementation of CEDAW in Swaziland. Speedy and continuous reform of laws that perpetuate gender inequality. Identification of entry points for gender and human rights in the processes of ratification, domestication, and implementation of instruments. An appreciation of the need to identify positive elements in both the customary and general law and expand the opportunities they present. A gender equality strategy for Swaziland based on law reform and development. Project components The project consisted of a number of components. These included: A gender situation analysis of the Attorney General s chambers. Gender audits of the polices, statutes, customary laws, judicial decisions and international and regional instruments. Dialogues with various stakeholders to verify the results of the audits. The Dialogues were also used in identifying key players and possible entry points for gender and human rights in the processes of ratification and implementation of international and regional instruments. An official launch of the project by the Attorney General, the Principal Secretary for Home Affairs and the UNDP on the 29th of January By 23

25 then, a number of meetings and some dialogues had already taken place. One of the objectives of the launch was to bring more stakeholders on board. A select group of participants spent a week unpacking CEDAW to identify the areas of variance under customary, statutory and Roman-Dutch common law that should be reformed. The workgroup also identified the need for new legislation in some cases. In February 2004, stakeholders adopted a strategic plan for taking forward the various recommendations made during the project, and especially as part of the dialogues. The Gender, Human Rights and Law Reform Project STRATEGIC PLAN THE DIALOGUES AND UNPACKING OF CEDAW GENDER AUDIT AND EMPOWERMENT OF THE AG S OFFICE FACT FINDING- GENDER AUDITS OF LAWS AND POLICIES 24

26 Foot soldiers UNDP was the key supporter and facilitator of the work, assisted by a consultancy team comprising an international consultant on gender, law, human rights and constitutional issues, Gladys M. N. Mutukwa from Zambia and two national consultants, Lindiwe Khumalo-Matse (private practitioner) and Muzi Masuku (Legal Adviser to the Swaziland Council of Churches). The consultancy team worked from within the Attorney General s Chambers at the Ministry of Justice and Constitutional Affairs to give them easy access to and interaction with the AG s professional staff. This helped to strengthen local capacity, create a sense of ownership and identification with the findings and recommendations. Gender audits The Audits were carried out to avoid operating on the basis of anecdotes or a reality that might have changed over the years. In determining the current legal framework as far as gender is concerned, the team embarked on a comprehensive audit of all the laws, practices, policies, regulations and practices that exist in the country that either enhance or restrict gender equality. It also did an audit of the international, regional and sub regional instruments on gender and human rights. The team sought to identify entry points for integrating gender, either through new laws or amending existing ones. The audit highlighted the international and regional commitments of Swaziland outlined in Chapter one. Statutory laws Within this context, the team went on to scan the domestic laws of the country to determine the degree to which they comply with the standards committed to at the international and national level. This exercise entailed the audit of the statutory laws of Swaziland and reported decisions of the Courts of the land. The audit uncovered a number of Acts of Parliament that are gender insensitive. The Team measured the gender compliance of these provisions against the benchmark of CEDAW. These gave the team an indication of likely areas of law reform. The major statutes covered included: the Marriage Act, the Wills Act, the Intestate Succession Act, the Registration of Births, Marriages and Deaths Act, the Citizenship Act and the Girls and Women protection Act. In addition, the team perused a few reported cases of the High Court of Swaziland that had gender implications. These assisted the Team to assess the level of judicial awareness and dynamism on gender issues. Customary laws and practices 25

27 The audit would have had limited value without consideration of Swazi customary law and practices to determine their gender sensitivity and dynamism. Since customary law is neither recorded nor codified, the audit concentrated on finding out what customs and traditions are used or cited in a number of decisions. Several related to marriage, inheritance, land ownership and decision-making were examined. The exercise identified those customary law principles and practices that have a bearing on gender and then benchmarked these against CEDAW. The main issue was that because these are not written, there is a lot of uncertainty. This works often to the disadvantage of women. Judicial decisions The audits of the judicial decisions showed that because the changes in the laws have not kept pace with the changing realities of Swazi society, judicial decisions have tended to vary according to what and how much the magistrate or judge knows about gender and human rights. Some applied the law strictly regardless of the consequences as they felt their hands were tied even when they were aware of some of the human rights provisions. Others tried to address some of the unjust consequences of applying certain laws in their explanations. Some magistrates reported that the reality of the situation made them make decisions that were not supported by the law. They wanted to respond to the real needs of the people in cases where the law is clearly lagging far behind reality - like in cases of child neglect that women married under customary law brought to court. Strictly speaking they are not supposed to entertain such cases. Some of the men concerned seized on this, arguing that the women should go home and follow the right procedure for a family gathering to address the issue. But some of the Magistrates, in response to the dire need of the children they saw and knowing that arranging the family gatherings would take long, made temporary orders for the maintenance of the child while the traditional system or procedure is being followed/ pursued. This points to the importance of looking at the level of gender sensitivity and responsiveness of the judiciary, and including the judiciary among the sectors to be targeted for sensitization and capacity building. Major challenges identified in the gender audits The gender audits pointed up two key challenges: Customary laws and practices are not recorded and this makes it difficult to verify uniformly what the custom is. The record keeping of the proceedings and decisions of the courts is not up to date. 26

28 Gender analysis of the Attorney General s Office As the engine of the whole process, the project identified the Attorney General s office as a key target for assessment and capacity building. As the Attorney General put it, we are tasked with promoting human rights in Swaziland. But are we up to the task? The interest shown by the AG s office was very encouraging, added UNDP Resident Representative Elizabeth Lwanga. But it was clear that the capacity did not match the commitment. The main objective for the gender analysis was to assess the capacity of the Office to carry forward the tasks related to: Ratification, domestication, and reporting on implementation of international, regional and sub-regional instruments on the human rights of women, like CEDAW, CRC, ACHPR and the SADC Declaration on Gender and Development. Review, reform and/or amendment of various specific laws relating to the status and rights of women e.g. Marriage Act, Lands Acquisition Act, Administration of Estates Act and the Deeds Registry Act. Monitoring the gender responsive application of these laws. Ensuring that the conflict of laws and procedures between statutory and customary laws and practice is resolved in the interests of justice and human rights for both women and men. Adoption and implementation of a new Constitution with provisions on human rights, gender equality and non-discrimination. Ensuring that all the drafts, opinions and any other documents from the AG s office is gender responsive. The main issues raised in the assessment were how many staff had any exposure to or training in gender; how many were familiar with the concepts of gender, gender mainstreaming and gender and law; what connection they saw between gender and their work. The team also sough to establish if the AG s office had a Gender Focal Person, what training and leeway this person had. The team held consultations with several members of the professional staff over a two week period. Senior staff made candid recommendations on how to improve the capacity of the office to address gender and human rights issues. Key observations included: The office is so understaffed that attention to building for work seen as other than core functions is not present. Gender has not been seen in the office as a critical issue to be taken on board in the various types of work performed by the advocates. Very few of them had seen or knew about the international and regional instruments like CEDAW and the SADC Declaration on Gender and development and they are not aware of the fact that they have a role in the implementation of such instruments. There is no training on gender or gender mainstreaming in the training of advocates. Most civil society organisations, which are most active and well informed and skilled on gender and human rights issues leave out the Attorney General s office from any programmes on gender and human rights. There is currently no system 27