Swaziland (Cycle 2)

For a summary of Swaziland’s review at the first cycle please click here.

25th UPR session
Date of review: 10 May 2016
Date of report adoption: 13 July 2016
Document number: A/HRC/33/14

SUMMARY

SOGIESC issues during Swaziland’s 2nd UPR review
Civil society submissions: ✓ (2 submissions)
National report: ✓
UN information: ✓
Working group discussions: ✓
Recommendations: ✓ (2 accepted, 1 noted)

I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination

29. HRW noted that the Constitution does not include marital status or sexual orientation as a protected ground against discrimination.

33. JS4 stated that the discrimination of lesbian, gay, bi-sexual, transgender and intersex (LGBTI) persons based on either actual or perceived sexual orientation or gender identity persisted and that same-sex sexual conduct between male persons was still criminalized.

34. JS4 recommended that Swaziland ensure that discriminatory and invasive customary laws are abrogated as well as review the laws that undermine LGBTI persons’ rights. HRW recommended that Swaziland decriminalise same-sex relations.

35. HRW recommended that Swaziland reconsider and commit to recommendations for reforms rejected during its first UPR, including ensuring enjoyment of the right to health without discrimination on the basis of sexual orientation or gender identity; and prevention of discrimination based on marital status and sexual orientation.

35. HRW recommended that Swaziland reconsider and commit to recommendations for reforms rejected during its first UPR, including ensuring enjoyment of the right to health without discrimination on the basis of sexual orientation or gender identity; and prevention of discrimination based on marital status and sexual orientation.

Right to life, liberty and security of the person

49. JS4 noted that human rights abuses and violations against LGBTI persons continued to go undocumented, unreported and unprosecuted and added that these violations were legally perpetrated by State and non-State actors.

50. JS4 recommended that Swaziland condemn utterances and other forms of hate speech by politicians and public officials and ensure prosecution of State agents who commit human rights violations against LGBTI individuals and their organizations.

Freedom of expression, association and peaceful assembly, and right to participate in public and political life

93. JS4 stated that owing to laws combined with social stigma and prejudices, LGBTI organisations were not able to register and operate freely.

Right to health

99. JS4 stated that Swaziland had taken measures to ensure that there was universal access to care and treatment with special focus on women. It added that these 11 strategies had not been holistic in addressing all vulnerable populations and that the LGBTI population had been left in the fringes with little or no targeted programmes.

100. JS4 recommended that Swaziland ensure equal access to general health care and HIV/AIDS prevention, testing, treatment and care services in the public domain for LGBTI persons as well as work to make transition related and gender affirming health care accessible and affordable for transgender and intersex persons.

II. Excerpts on SOGIESC issues from the national report
Implement measures to prevent violence against the Lesbians Gays, Bisexual and Transgender (LGBT) community.

53. In so far as violence against LGBT community is concerned, there has been no record or reported acts of violence.

III. Excerpts on SOGIESC issues by UN agencies
Right to education

89. UNESCO encouraged Swaziland to continue putting in place human rights education, including conducting awareness-raising campaigns to prevent corporal punishment in all settings and violence against women and lesbian, gay, bisexual and transgender communities in teacher training and as part of school curricula.

IV. References to SOGIESC issues during the Working Group review
68. On sexual minorities, the delegation stated that Swaziland did not deny access to services based on an individual’s sexual orientation. The delegation indicated that, though there would be no efforts at the present stage to decriminalize same-sex relations, Swaziland did not prosecute anyone for engaging in consensual same-sex relations.

V. Conclusions and/or recommendations
Swaziland accepted the following recommendations:

108.4 Prohibit discrimination on the basis of sexual orientation and gender identity, particularly concerning the enjoyment of the right to health (Slovenia);

108.5 Ensure and guarantee non-discriminatory access to health services, education, justice and employment for all persons, irrespective of their actual or perceived sexual orientation or gender identity (Spain).

Swaziland noted the following recommendations:

110.13 Decriminalize same-sex relations (Slovenia).

VI. Further information
You will find all documents relating to Swaziland’s second review at UPR-Info and OHCHR’s websites.