Common Country Assessment - Swaziland, 1997

Contents | Introduction | Poverty Reduction and Sustainable Livelihoods | Advancement/Empowerment of Women | Child Rights/Child Development/Child Protection | Education | Population | Environment | Health | STD/HIV/AIDS | Food Security/Nutrition | Governance and Participation | Institution Building | Summary and Conclusion

Chapter Three - Advancement/Empowerment of Women

The term ‘gender discrimination’ is being used in this chapter to refer to societal roles being imposed on the basis of one's sex, as opposed to the societal roles being distributed to those best able to perform the relevant function. Gender discrimination can be used to limit social roles, define self-identity for individuals, and define power relations. Such societal obstacles in the path of the pursuit of fulfilling one’s potentials have been far greater in most traditional societies for women than for men. Therefore, transcending gender stereotyping is predominantly about women and the raising of the girl-child, but not just about women and the raising of the girl-child.

There are powerful ethical, moral and other philosophical arguments in support of the elimination of gender discrimination, but a simpler and more direct one is supplied by the market: if you’re not good enough, you don't get the job. Particularly with the emerging global economy, gender discrimination is economically obsolete - nations and businesses which indulge in the practice will lose out to those which do not. The advancement/empowerment of women is therefore a sound economic strategy as well as an ethical and moral one.

The customary and formal legal position of women in Swaziland is essentially that of a minor. As regards property rights - a fundamental for economic empowerment - under customary law "the wife's position is similar to that of a child. With certain exceptions, she cannot hold property under customary law either in her own right or in partnership with her husband."¹

There are many other gender imbalances under customary law: for example, clans countenance such practices as child betrothal and the ‘forced smearing of red ochre’- an irrevocable commitment of the girl to a marriage, followed by the payment of emalobolo - bride price - to the girl’s family as represented by the father. The bearing of children on other’s behalf, the ‘ownership’ by the husband of the progeny of a wife’s subsequent union - in various ways, personal interests are subordinated to the interests of the patriarchal family.² The two-year mourning period for widows can be devastating financially, and could soon become an increasingly destructive custom with the incursions of Aids. Male primogeniture applies in intestate situations, but there is a recognised social and moral duty to care for the widow. As regards allocation of SNL by the chief; allocations are only made to males as heads of households (single males are not allocated land), but a male can stand for a widow so that land may be allocated to her.

While practices should evolve towards the elimination of gender discrimination, "there is much positive content in this norm which can be maintained even if its inequities are made to disappear." Respect for elders as a means of inculcating a more general humility, courtesy, consideration and decency appears to have been more effective than many alternative strategies tried elsewhere.³

Civil Law is also gender discriminatory. A woman cannot open bank accounts, obtain passports for themselves or their children or access land without the consent of her husband. The Marriage Act 47/1964 refers to marriage inside and outside of community of property. In both cases the male is the administrator of the estate. The distinction is that with marriage in community of property every property right earned by either party is held as an undivided half share by each, but unless a marriage is declared to be inside community of property it is deemed to be outside joint ownership. In that case the husband cannot expropriate his wife's property, but nor can she deal with it without her husband's consent.

However, civil law is being interpreted to allow a woman married under customary law to register land out of community of property, but the Deeds Registry Act 37/1968, in conformity with the Marriage Act, specifically denies women married in community of property the right to register titles in their own names. ⁴

Despite such inequities, Swaziland performs one position better on the Gender-related Development Index than on the Human Development Index, largely thanks to its achievements in the education sector. There is a cohort of Swazi women now achieving eminence in various fields, thereby demonstrating two points by action rather than words: firstly, that high levels of human development can be achieved despite such discriminatory practices; and secondly, that the disappearance of inequities such as gender discrimination should not be seen as a threat to Swazi culture and traditions, but rather as their fulfilment.

The female proportion of the workforce has been analysed as follows:

Source: CSO. Employment & Wages 1995. p.9

Within each of those sectors, there is a distinct gender difference in wage levels attained, as follows:

Source: CSO. Employment & Wages 1995. pp. 14-17

1. Bekker, J.C. 1983. Marriage, Money, Property and the Law. Butterworths. Durban. p. 23.
2. Riba, V. 1997. Implementation of the CRC and CEDAW: Some Reflection on the influence of Tradition and Custom on the care and protection of Children and Women in Swaziland. UNICEF. Mbabane.
3. Ibid., p. 10.
4. MHUD, 1997. Land Rights in Swaziland: Gender Perspectives.(Draft). Mbabane.
5. CSO, 1997, pp. 24-25.

Advancement/Empowerment of Women Indicators

Suggestions or comments. This page was last updated on 06 May 2003