Laws and customs in Swaziland regarding polygamy [SWZ33991.E]


Under Swaziland law, "polygamy is legal, though rarely practised because of the high cattle dowries required of the husband for new brides." But the polygamous mentality is deeply ingrained (Africa News 16 Feb. 2000). In late 1999, 18.5 per cent of Swaziland's population of one million was infected with the AIDS virus (AP 27 Sept. 1999).

According to a report published by African Eye News Service, Swaziland's proposed new Public Health Bill prescribes the death sentence for rapists if they infect their victims with the AIDS virus. "The Bill makes provision [for] other sexual offences including sodomy, indecent assault and incest that result in the victims contracting either HIV or AIDS" (18 Aug. 1999). The report does not elaborate on the provisions.

Country Reports 1998 states that "the Legal Code provides some legal protection from sexual harassment but its provisions are vague and largely ineffective. Several NGOs provide support for victims of abuse or discrimination" (1999, 410).

A 15 October 1998 IPS report states that gender inequality was observed during the campaign for parliamentary elections as women were expected to kneel down when addressing gatherings attended by men and chiefs, whereas widowed women were not expected to participate or to be elected to parliament (ibid.).

A 1997 report by the Human Rights Association of Swaziland (HUMRAS) states that "women continue to face many hardships which are culturally oriented i.e., access to land, bank loan, travel document and political participation. Further, women are increasingly being brutalized and killed by their husbands" (31 July 1997).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see below the list of additional sources consulted.

References


African Eye News Service [South Africa]. 18 August 1999. Ackel Zwane & Dan Langeveldt. "Rapists in Swaziland Face the Death Penalty." http://www.africanews..ziland/stories/19990818_feat l.html[Accessed: 8 Sept. 1999]

Country Reports on Human Rights Practices for 1998. 1999. United States Department of State. Washington, DC: United States Government Printing Office.

Inter Press Service (IPS). 15 October 1998. "Women Candidates Fight Age-old Sexism." http://www.swazinews.co.sz/stories/15 oct_women.htm [Accessed: 8 Sept.1999]

Human Rights Association of Swaziland (HUMARAS). 31 July 1997. "The Human Rights Situation in Swaziland." http://www.oneworld.org/afronet/sahri/swazi.htm

Additional Sources Consulted


Africa Confidential [London]. June 1998-June 1999. Vols. 38-39.

Africa Research Bulletin: Political, Social and Cultural Series [oxford]. June 1998-December 1998. Vol. 35. Nos. 6-12.

Keesing's Record of World Events [Cambridge]. June 1998-April 1999. Vols. 44-45.

New African [London]. 1993-1999.

Resource Centre. Country File. Swaziland. 1996-1999.

Electronic sources: IRB databases, Internet, LEXIS/NEXIS, World Network Connection (WNC)

One oral sources consulted did not provide information on the requested subject.