Influencing Unwritten Laws – “Is there Equality and Non-discrimination of men and women under Swazi Tradition?”

"Influencing Unwritten Laws – Achieving Equality and Non-discrimination between Genders under Swazi Tradition"

 

In February 2016, I had the privilege of participating in community dialogues led by Women and Law in Swaziland within the Shiselweni region, focusing on the Swaziland Women’s Charter. This document encapsulates the aspirations of Swazi women across various facets of life. Among the Charter's themes, the topic of Equality and Non-discrimination was addressed. During the dialogues, both men and certain women questioned the call for equality between spouses, citing that it ran counter to Swazi traditions. This perspective raised concerns about the perception of women advocating for equality within the home, implying their purported misunderstanding.

 

The notion that parity within domestic settings is unattainable finds its basis in Swazi customary laws, bolstered by a biblical passage often paraphrased as 'Husbands are the head of their wives.' This adage is conventionally interpreted to underscore the superiority of men over women. Moreover, it was observed that proponents of this cultural stance staunchly believed that upholding their national heritage is paramount, as its erosion would lead to an identity crisis. Women seeking parity within the household were criticized, and their intention to be equal to men was even linked to their choice of clothing, particularly trousers.

 

The dialogue participants were directed towards Swaziland's 2005 Constitution, presented in siSwati. The sections referenced included the preamble, sections 2, 20, and 28. The preamble articulated the desire to embark on a new constitutional framework, emphasizing the pursuit of full freedom and a self-crafted constitution. This marked a departure from previous practices, suggesting the existence of laws, written or unwritten, differentiating between genders before 2005.

SZL in 1975

 

Notably, prior to the 2005 Constitution, the 1975 Swazi Lilangeni (SZL) coin featured an engraving that depicted former King Sobhuza and bore the inscription "EQUALITY, DEVELOPMENT, PEACE." This tangible evidence attested to the importance Swazi society attributed to ideals of equality, development, and peace, potentially implying the pre-existence of gender equality. This was substantiated when the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted in 1979, with Swaziland already recognizing gender equality.

 

Section 2 of the 2005 Constitution firmly established its supremacy and the voiding of inconsistent laws. Section 20 explicitly enshrined equality across political, economic, social, and cultural spheres, prohibiting discrimination based on various grounds, including gender. This constitutional foundation signifies a shift towards gender equality, suggesting a departure from past unequal practices. Additionally, the United Nations' definition of gender equality, distinct from biological sex, underscores the need for equal value and treatment for all.

 

Certain realities are inherent and unalterable, such as the biological process of pregnancy and childbirth. However, societal roles attributed to genders are socially constructed, not universal. Swaziland's erroneous assumptions about gender roles, such as leadership positions being exclusively for men, contradicts global examples of women in leadership roles. Educational empowerment equips women to excel across diverse fields, challenging traditional norms and expanding opportunities.

 

In conclusion, the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) Maputo Protocol denounce sex-based discrimination, while Swaziland's Constitution safeguards women's right to equal treatment. Furthermore, the Constitution protects women from cultural practices they oppose. Consequently, the trajectory of gender equality and recognition of individual agency in cultural practices appears promising.