In a society deeply entrenched in patriarchal norms, our blog stands as a platform dedicated to propelling the discourse on gender inclusivity to the forefront in Swaziland. Our mission is to dissect the multifaceted dimensions of positioning women in society, an imperative step toward realizing a gender-equitable future.
Navigating Swaziland's Legal Landscape: Written vs. Unwritten Laws
Within the context of Swaziland, the legal framework can be delineated into two distinct realms: written laws and unwritten laws. These two domains, regrettably, do not always complement each other harmoniously. While written laws predominantly advocate for women's rights and empowerment, the pervasive influence of unwritten laws often counteracts these advancements.
Written laws have been established to carve a path for women's societal roles and rights. However, the intricacies of unwritten laws, primarily rooted in tradition and custom, often undermine the notion of rights and, by extension, women's rights. This discord is epitomized by the derogatory phrase "ngulabafati bemalungelo," which translates to "it's the women of rights." This language, coupled with negative connotations, perpetuates the stigma surrounding the very concept of rights.
Challenging Norms in a Conservative Society
In a notably conservative society like Swaziland, the introduction of novel concepts requires delicacy. Regrettably, when the concept of rights emerged, it was merely a term without full comprehension. This lack of proper unpacking led to the stigmatization of rights, a formidable challenge that persists today. It is imperative that we embark on the journey of destigmatization to foster acceptance and understanding of the concept of rights, thereby enabling women to embrace their rights with confidence.
The Dominance of Unwritten Laws
The influence of unwritten laws often surpasses that of their written counterparts within our communities. Take for example Section 28 of the 2005 Constitution, which stipulates that women should not be compelled to engage in customs that violate their conscience. In theory, this provision appears commendable, yet practical application reveals complexities. For instance, while wives are legally exempted from wearing mourning gowns, unwritten laws mandate such practices, leading to disheartening outcomes.
An intricate example lies in the contradiction between the written Constitution and unwritten customs regarding mourning attire. As society insists that a "real" wife wears mourning gowns, a woman who chooses not to is often ostracized, leading to a tragic loss of her rightful claims. Bridging this chasm requires targeted educational empowerment of traditional structures, ensuring that they align with written laws and cease perpetuating disparities.
Empowering Through Unwritten Policies
As stakeholders in promoting gender equality, it is pivotal that our efforts extend beyond written statutes. Concentrating solely on codified laws overlooks the profound influence of unwritten laws that shape cultural norms. By fostering gender equality as an "unwritten policy" embraced by communities, we enable a cultural shift that transcends legislative documents and becomes an inherent way of life.
Join the Conversation
We invite you to actively participate in this crucial discourse. Your comments and insights are invaluable as we collectively strive for a gender-inclusive society in Swaziland. Feel free to share your thoughts below or reach out to us on Twitter @Mavundlasima or via email at simangelekb@yahoo.co.uk.
Your engagement is essential as we work towards a more inclusive and equitable future for all.
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