The chapters in this book are the outcome of a colloquium that was convened in October 2011 at th... more The chapters in this book are the outcome of a colloquium that was convened in October 2011 at the University of the Free State in Bloemfontein, South Africa. The colloquium sought to explore the potential of augmenting sexual and reproductive health in ways that make optimal use of human rights systems and tools in the African region. The chapters in this book are divided into three parts: Part 1 focuses on the reproductive autonomy, access to safe abortion and emergency obstetric care; Part 2 has an HIV/AIDS focus; and Part 3 focuses on the intersections between sexual and reproductive health and rights, adolescence, early marriage, sexual violence and poverty. But while the arrangement of the chapters into three parts facilitates the juxtaposition as well as discursiveness analysis of topics that have a closer relationship with one another, it is important to highlight that all the parts are not intended to convey a sense of sacrosanct silos. All the parts and topics in this volume are intertwined and do not yield to sharp demarcations.
However, I wouldn't have done it without crucial help which was always on the way. That being sai... more However, I wouldn't have done it without crucial help which was always on the way. That being said, I would like to convey my sincere thanks to my supervisors:-To Professor Ann Strode, my heartfelt gratitude to you for choosing to supervise this work and to guide me through it all. I will forever be grateful for your mentorship.-To Dr Zaynab Essack, thank you so much, and I am grateful you came on board as my co-supervisor. I salute women and men who took part in this study and by so doing, enabled me to come up with the data that was crucial in the development of this thesis. Through your shared stories, I have learnt that women indeed are strong − always rebuilding their lives after a tragedy, and that women do not give up easily on life. My sincere thanks go to everyone who has contributed and supported me one way or the other through this journey. I wish it were possible to mention each one of you here; however, space does not permit. To Thembi Promise Dlamini, thank you for believing in me and supporting me.
Violence Against Women and Criminal Justice in Africa: Volume II, 2021
Violence against women (VAW) is a human rights violation under international law, and human immun... more Violence against women (VAW) is a human rights violation under international law, and human immunodeficiency virus (HIV) is regarded as a global public health concern necessitating a human rights response. In the Kingdom of Eswatini (formerly Swaziland), violence and HIV infection are higher among women. In this chapter, the link between VAW and HIV as it affects HIV-positive women in Eswatini is investigated. Many countries have enacted legislation that invokes criminal and civil law to address intimate partner violence (IPV)—including Eswatini through the recent enactment of the Sexual Offences and Domestic Violence Act of 2018. Although there is much literature on the use of the criminal law to punish people who infect others, there is a minimal discussion on the use of the criminal justice system to address violence against HIV-positive women, in particular, violence that interrupts their access to medical treatment. There is also very little discussion in Eswatini on violence against HIV-positive women by healthcare workers. This chapter answers the questions: What obstacles do HIV-positive women face in getting a protection order against a partner who throws away her antiretroviral treatment in Eswatini and what are the remedies for an HIV-positive woman who has been sterilised without informed consent. The study found that HIV-positive women seldom use legal remedies or turn to the criminal justice system. They are largely distrusting of these systems and see them as ineffective. The study is necessitated by the fact that the abuse of women living with HIV inhibits their rights to health, life, and bodily integrity, and the scant attention given to violence that interrupts treatment. This chapter adopts a qualitative methodology comprising of empirical and desktop research methods.
Women's subordination is not new in the world. As society became human rights conscious, many... more Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, it has taken Eswatini more than 100 years to deal with the fact that the common law principle of marital power discriminates against women. This paper traces the reception of marital power into the legal framework of Eswatini and how advocacy groups on women's rights and freedoms have opposed women's subordination, fortified by research. This paper presents a desktop review of selected literature and case laws touching on women's emancipation in Eswatini. This research work is significant in that it adds to the body of knowledge by recording the origins of women's subjection to marital power and their eventual emancipation in the landmark case of Sacolo v Sacolo (1403/2016) [2019] SZHC 166 (30 August 2019).
This profound academic opinion advocates for youth employment by clearly arguing that even though... more This profound academic opinion advocates for youth employment by clearly arguing that even though the African Youth Charter (AYC) is not binding on states in as much as on corporates/businesses, at international law these same corporates/businesses have a role to play in ensuring that youth unemployment is curbed through invoking Corporate Social Responsibility (CSR). It will be argued that CSR is no longer only associated with philanthropy, but it is now part and parcel of promoting and protecting human rights in communities where businesses operate, such that they cannot turn a blind eye to social ills such as youth unemployment.
In 2002 the South African Constitutional Court was faced with a case challenging the constitution... more In 2002 the South African Constitutional Court was faced with a case challenging the constitutionality of the legislation criminalising cannabis use. The appellant argued that the criminalisation infringed the right to religion. The Court, however, ruled that the legislation did not constitute a constitutional infringement. It is worth noting that the African Commission and the Human Rights Committee previously have dealt with this issue, in particular, the implications of South African legislation on cannabis for international human rights law. Just as the Constitutional Court, the Commission and Committee did not find a violation. In 2017 the Western Cape Division of the High Court of South Africa was faced with another application, this time challenging the constitutionality of the legislation criminalising the personal use of cannabis by adults in the privacy of their home. The Court in this instance declared the prohibition of the use of cannabis by adults in the confines of their private dwellings to be inconsistent with the Constitution of South Africa and declared the provisions to be invalid to that extent. The decision of the High Court was confirmed by the Constitutional Court in 2018, with the latter Court ruling, amongst others, that 'the right to privacy entitles an adult person to use or cultivate or possess cannabis in private for his or her personal consumption'. This decision raises two questions, namely, what inspired the Court in the 2018 case to arrive at a decision different from that of 2002? In light of the fact that South Africa is a party to the three binding
Women's subordination is not new in the world. As society became human rights conscious, many cou... more Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, it has taken Eswatini more than 100 years to deal with the fact that the common law principle of marital power discriminates against women. This paper traces the reception of marital power into the legal framework of Eswatini and how advocacy groups on women's rights and freedoms have opposed women's subordination, fortified by research. This paper presents a desktop review of selected literature and case laws touching on women's emancipation in Eswatini.
The significance of the case of Ethel Dlamini is found in the Supreme Court’s progressive interpr... more The significance of the case of Ethel Dlamini is found in the Supreme Court’s progressive interpretation of the chain of events that were being inflicted to Mrs Dlamini as a violation of her dignity. The court could have looked into the requirements of an interdict to see if Mrs Dlamini’s case was in line with them or not. These are whether the applicant has a prima facie right; apprehension of irreparable injury, and that there is no other satisfactory remedy. Instead, the Court observed that Mrs Dlamini was deprived arbitrarily of the field given to her by her father-in-law and that she was being forced to live in unsanitary and degrading conditions while the decision of the Regional Administrator was pending. It then ruled that her right to dignity was being violated
In 2002 the South African Constitutional Court was faced with a case challenging the constitution... more In 2002 the South African Constitutional Court was faced with a case challenging the constitutionality of the legislation criminalising cannabis use. The appellant argued that the criminalisation infringed the right to religion. The Court, however, ruled that the legislation did not constitute a constitutional infringement. It is worth noting that the African Commission and the Human Rights Committee previously have dealt with this issue, in particular, the implications of South African legislation on cannabis for international human rights law. Just as the Constitutional Court, the Commission and Committee did not find a violation. In 2017 the Western Cape Division of the High Court of South Africa was faced with another application, this time challenging the constitutionality of the legislation criminalising the personal use of cannabis by adults in the privacy of their home. The Court in this instance declared the prohibition of the use of cannabis by adults in the confines of their private dwellings to be inconsistent with the Constitution of South Africa and declared the provisions to be invalid to that extent. The decision of the High Court was confirmed by the Constitutional Court in 2018, with the latter Court ruling, amongst others, that ‘the right to privacy entitles an adult person to use or cultivate or possess cannabis in private for his or her personal consumption’. This decision raises two questions, namely, what inspired the Court in the 2018 case to arrive at a decision different from that of 2002? In light of the fact that South Africa is a party to the three binding international drug treaties which, among others, create a presumption upon states to criminalise possession and cultivation for personal use, the second question is what the implications of the 2018 decision are for South Africa’s international law obligations. Answering these two questions forms the crux of this article.
Youth unemployment remains high in Africa. Youth unemployment is a current feature in many Africa... more Youth unemployment remains high in Africa. Youth unemployment is a current feature in many African countries’ policy documents. South Africa and Eswatini are grappling with high rates of youth unemployment. The African Youth Charter (AYC) makes provision for the right of young people to gainful employment and enjoins state parties to take all appropriate measures with a view to achieving the full realisation of this right. However, this seems to be a mammoth task judging by the rate of youth unemployment which constantly remains high. Perhaps, corporate social responsibility can serve as a tool for ameliorating youth unemployment even though the AYC is not binding.
The AYC is, rather a document that serves as the strategic framework that gives direction for youth empowerment and development at continental, regional and national levels. The use of soft laws such as Ruggie Guiding Principles on Business and Human Rights can help shoulder the burden faced by the two countries of youth unemployment.
This paper will argue that even though the AYC is not binding on states in as much as on corporates/businesses, at international law these same corporates/businesses have a role to play in ensuring that youth unemployment is curbed through invoking Corporate Social Responsibility (CSR). It will be argued that CSR is no longer only associated with philanthropy, but it is now part and parcel of promoting and protecting human rights in communities where businesses operate, such that they cannot turn a blind eye to social ills such as youth unemployment. Examples will be drawn from two Southern Africa Development Community (SADC) countries’ policies and programmes dealing with youth unemployment, namely: South Africa and Eswatini. The study draws conclusions for policy reform.
The study adopts a desktop review of the literature. It will include a review of international instruments, principles and national laws, policies and programmes, as well as articles, reports and other written sources on youth (un)employment in the two countries.
The paper aims to add to the body of knowledge on youth employment by looking at alternative ways of solving youth unemployment by engaging CSR in collaboration with governments efforts.
People with disabilities in Swaziland have over the years been at the receiving end of government... more People with disabilities in Swaziland have over the years been at the receiving end of government developmental processes and service delivery, hence it is necessary that persons with disabilities be emancipated enough to be agents of their own course.
Simangele Mavundla, examines the importance of sexuality education by analysing the policy framew... more Simangele Mavundla, examines the importance of sexuality education by analysing the policy framework on sexuality education in Swaziland. She notes that comprehensive sexuality education is a tool for equipping young people with the knowledge that they need in order to make informed choices about their sexuality. She notes that Swaziland has an essentially young population that is susceptible to various challenges, including a high prevalence of HIV and high rates of teenage pregnancies and sexual abuse. Therefore, she urges the Swazi government to give more attention to sexuality education as it is an invaluable investment in young people.
The chapters in this book are the outcome of a colloquium that was convened in October 2011 at th... more The chapters in this book are the outcome of a colloquium that was convened in October 2011 at the University of the Free State in Bloemfontein, South Africa. The colloquium sought to explore the potential of augmenting sexual and reproductive health in ways that make optimal use of human rights systems and tools in the African region.
The chapters in this book are divided into three parts: Part 1 focuses on the reproductive autonomy, access to safe abortion and emergency obstetric care; Part 2 has an HIV/AIDS focus; and Part 3 focuses on the intersections between sexual and reproductive health and rights, adolescence, early marriage, sexual violence and poverty. But while the arrangement of the chapters into three parts facilitates the juxtaposition as well as discursiveness analysis of topics that have a closer relationship with one another, it is important to highlight that all the parts are not intended to convey a sense of sacrosanct silos. All the parts and topics in this volume are intertwined and do not yield to sharp demarcations.
Swaziland has over the years considered the issue of introducing age appropriate sexuality educat... more Swaziland has over the years considered the issue of introducing age appropriate sexuality education in schools. However, due to common beliefs that sex education will encourage sexual activity among learners and that sexual education belongs to the private sphere and should not be a part of public education has led the government to approach the introduction of a comprehensive sexuality education in Swaziland’s schools with baby’s steps. These beliefs seems to have worked against a speedy introduction of a comprehensive sexuality education in schools as Swaziland is yet to introduce an age appropriate comprehensive sexuality education in schools. This is despite the fact the policy environment is ripe for an introduction of comprehensive sexuality education in Swaziland and that studies have shown that adolescences with accurate knowledge on sexuality and sexual reproductive health that are empowered to make independent decisions are less likely to entertain myths and misconceptions about their sexuality and well-being.
In recent years, Swaziland has made significant progress in developing national policies, laws an... more In recent years, Swaziland has made significant progress in developing national policies, laws and strategies of relevance to youth. The country adopted its first National Youth Policy in 2009, ratified the African Youth Charter in 2013 and has developed public policies in a range of areas. In the same period, Swaziland has adopted a number of international frameworks, and worked with international organisations to develop programmes that seek to improve the lives of young people. However, despite these commitments, the majority of young people in Swaziland face significant challenges and exceptionally poor outcomes, particularly in the areas of health, employment and participation.
It is this gap between aspirational policy frameworks and the realities experienced by young people in Swaziland with which this review is concerned. With support of the New York-based Open Society Foundation’s Youth Initiative, a team of young researchers sought to investigate the extent to which public policies that affect youth, reflect their aspirations, ambitions, and realities. The review also aims to identify potential opportunities to improve outcomes for youth in the country.
KEY FINDINGS
In examining the situation of young people, the review highlights the ‘youthful’ nature of the country. The review team reports that nearly four in five Swazi’s are under the age of 35, and two in five are between the ages of 15-35 – the definition of youth employed by the 2009 National Youth Policy. Within this context, the extent to which the country’s prospects are dependent on securing positive outcomes for its youth becomes apparent.
Yet the reality is disturbing. Although classified as a lower-middle income country, 63% of Swaziland’s population live on less than US$ 1 per day, making it one of the most unequal countries in the world. Moreover, current employment prospects for youth are unlikely to change this situation. In 2009, the official youth unemployment rate was 49.3% down from 52.7% in 2007. However, over the same period there has been no increase in youth employment. The situation is most pernicious for young women and young people in rural areas.
The world has made sexual and reproductive health and rights (SRHR) a cornerstone of sustainable ... more The world has made sexual and reproductive health and rights (SRHR) a cornerstone of sustainable development. This was done through the adoption of the Sustainable Development Goals (SDGs) by member states of the United Nations. At the regional level, the African Union has made sexual and reproductive health rights central by adopting the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol).
With the advent of COVID- 19, many countries, including Eswatini, have been forced to divert their focus and resources from other urgent priorities in order to effectively address the consequences of COVID-19 effectively. COVID-19 is a health problem that has placed a heavy burden on the health systems of many countries around the world, in both developed and developing countries. Other ills, such as corruption, have resulted in COVID-19 funds being misappropriated and the right to access health being overlooked in relation to other areas such as SRHR.
This chapter examines the impact of COVID-19 on access to contraception as a right to access sexual and reproductive health (SRH) services in the Kingdom of Eswatini. It highlights some of the limitations and implications of COVID-19 constraints and the impact on SRHR, particularly on access to contraceptives, and finally provides recommendations for best practices.
This doctrinal study is significant in that it reaffirms that SRHR remains the cornerstone of sustainable development even in the face of a pandemic such as COVID-19. States cannot simply abdicate their obligation to provide SRHR services.
Mavundla, Strode and Essack analyses the challenges that women living
with HIV in Eswatini face i... more Mavundla, Strode and Essack analyses the challenges that women living with HIV in Eswatini face in accessing the criminal justice system. They conclude that women living with HIV are distrusting of such systems and find them ineffective. They recommend the government of Eswatini to adopt steps, including the implementation of laws and to include women living with HIV in the adoption of programmes on violence against women.
The study answers the following essential questions: What are the experiences of women living wit... more The study answers the following essential questions: What are the experiences of women living with HIV (WLH) regarding violence? Is the Eswatini legal and policy framework cognisant of the nexus between VAW and HIV? How does the legal framework protect HIV positive women from VAW and its consequences in light of international law?
This study found that violence against HIV positive women was multifaceted and involved a wide range of perpetrators. As such, WLH experienced many forms of violence, including stigma and discrimination. The findings of this study confirmed that violence and HIV were inextricably interconnected at many levels and that legal remedies were inadequate, to the extent that women did not generally rely on them. Some of the inadequacies included the fact that the laws on marital and cohabiting relationships offered little protection in conflict with the provision in the Constitution provides that 'women have the right to equal treatment with men'.
This study argues that Eswatini's social context provides fertile ground for HIV and VAW and their interaction to thrive. It further contends that violence against WLH is a public health concern requiring a public health response. It concludes that violence against WLH is indeed a human rights violation, which requires a human rights response.
The chapters in this book are the outcome of a colloquium that was convened in October 2011 at th... more The chapters in this book are the outcome of a colloquium that was convened in October 2011 at the University of the Free State in Bloemfontein, South Africa. The colloquium sought to explore the potential of augmenting sexual and reproductive health in ways that make optimal use of human rights systems and tools in the African region. The chapters in this book are divided into three parts: Part 1 focuses on the reproductive autonomy, access to safe abortion and emergency obstetric care; Part 2 has an HIV/AIDS focus; and Part 3 focuses on the intersections between sexual and reproductive health and rights, adolescence, early marriage, sexual violence and poverty. But while the arrangement of the chapters into three parts facilitates the juxtaposition as well as discursiveness analysis of topics that have a closer relationship with one another, it is important to highlight that all the parts are not intended to convey a sense of sacrosanct silos. All the parts and topics in this volume are intertwined and do not yield to sharp demarcations.
However, I wouldn't have done it without crucial help which was always on the way. That being sai... more However, I wouldn't have done it without crucial help which was always on the way. That being said, I would like to convey my sincere thanks to my supervisors:-To Professor Ann Strode, my heartfelt gratitude to you for choosing to supervise this work and to guide me through it all. I will forever be grateful for your mentorship.-To Dr Zaynab Essack, thank you so much, and I am grateful you came on board as my co-supervisor. I salute women and men who took part in this study and by so doing, enabled me to come up with the data that was crucial in the development of this thesis. Through your shared stories, I have learnt that women indeed are strong − always rebuilding their lives after a tragedy, and that women do not give up easily on life. My sincere thanks go to everyone who has contributed and supported me one way or the other through this journey. I wish it were possible to mention each one of you here; however, space does not permit. To Thembi Promise Dlamini, thank you for believing in me and supporting me.
Violence Against Women and Criminal Justice in Africa: Volume II, 2021
Violence against women (VAW) is a human rights violation under international law, and human immun... more Violence against women (VAW) is a human rights violation under international law, and human immunodeficiency virus (HIV) is regarded as a global public health concern necessitating a human rights response. In the Kingdom of Eswatini (formerly Swaziland), violence and HIV infection are higher among women. In this chapter, the link between VAW and HIV as it affects HIV-positive women in Eswatini is investigated. Many countries have enacted legislation that invokes criminal and civil law to address intimate partner violence (IPV)—including Eswatini through the recent enactment of the Sexual Offences and Domestic Violence Act of 2018. Although there is much literature on the use of the criminal law to punish people who infect others, there is a minimal discussion on the use of the criminal justice system to address violence against HIV-positive women, in particular, violence that interrupts their access to medical treatment. There is also very little discussion in Eswatini on violence against HIV-positive women by healthcare workers. This chapter answers the questions: What obstacles do HIV-positive women face in getting a protection order against a partner who throws away her antiretroviral treatment in Eswatini and what are the remedies for an HIV-positive woman who has been sterilised without informed consent. The study found that HIV-positive women seldom use legal remedies or turn to the criminal justice system. They are largely distrusting of these systems and see them as ineffective. The study is necessitated by the fact that the abuse of women living with HIV inhibits their rights to health, life, and bodily integrity, and the scant attention given to violence that interrupts treatment. This chapter adopts a qualitative methodology comprising of empirical and desktop research methods.
Women's subordination is not new in the world. As society became human rights conscious, many... more Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, it has taken Eswatini more than 100 years to deal with the fact that the common law principle of marital power discriminates against women. This paper traces the reception of marital power into the legal framework of Eswatini and how advocacy groups on women's rights and freedoms have opposed women's subordination, fortified by research. This paper presents a desktop review of selected literature and case laws touching on women's emancipation in Eswatini. This research work is significant in that it adds to the body of knowledge by recording the origins of women's subjection to marital power and their eventual emancipation in the landmark case of Sacolo v Sacolo (1403/2016) [2019] SZHC 166 (30 August 2019).
This profound academic opinion advocates for youth employment by clearly arguing that even though... more This profound academic opinion advocates for youth employment by clearly arguing that even though the African Youth Charter (AYC) is not binding on states in as much as on corporates/businesses, at international law these same corporates/businesses have a role to play in ensuring that youth unemployment is curbed through invoking Corporate Social Responsibility (CSR). It will be argued that CSR is no longer only associated with philanthropy, but it is now part and parcel of promoting and protecting human rights in communities where businesses operate, such that they cannot turn a blind eye to social ills such as youth unemployment.
In 2002 the South African Constitutional Court was faced with a case challenging the constitution... more In 2002 the South African Constitutional Court was faced with a case challenging the constitutionality of the legislation criminalising cannabis use. The appellant argued that the criminalisation infringed the right to religion. The Court, however, ruled that the legislation did not constitute a constitutional infringement. It is worth noting that the African Commission and the Human Rights Committee previously have dealt with this issue, in particular, the implications of South African legislation on cannabis for international human rights law. Just as the Constitutional Court, the Commission and Committee did not find a violation. In 2017 the Western Cape Division of the High Court of South Africa was faced with another application, this time challenging the constitutionality of the legislation criminalising the personal use of cannabis by adults in the privacy of their home. The Court in this instance declared the prohibition of the use of cannabis by adults in the confines of their private dwellings to be inconsistent with the Constitution of South Africa and declared the provisions to be invalid to that extent. The decision of the High Court was confirmed by the Constitutional Court in 2018, with the latter Court ruling, amongst others, that 'the right to privacy entitles an adult person to use or cultivate or possess cannabis in private for his or her personal consumption'. This decision raises two questions, namely, what inspired the Court in the 2018 case to arrive at a decision different from that of 2002? In light of the fact that South Africa is a party to the three binding
Women's subordination is not new in the world. As society became human rights conscious, many cou... more Women's subordination is not new in the world. As society became human rights conscious, many countries started abrogating or scrapping discriminatory laws and attitudes towards women, in particular married women. However, it has taken Eswatini more than 100 years to deal with the fact that the common law principle of marital power discriminates against women. This paper traces the reception of marital power into the legal framework of Eswatini and how advocacy groups on women's rights and freedoms have opposed women's subordination, fortified by research. This paper presents a desktop review of selected literature and case laws touching on women's emancipation in Eswatini.
The significance of the case of Ethel Dlamini is found in the Supreme Court’s progressive interpr... more The significance of the case of Ethel Dlamini is found in the Supreme Court’s progressive interpretation of the chain of events that were being inflicted to Mrs Dlamini as a violation of her dignity. The court could have looked into the requirements of an interdict to see if Mrs Dlamini’s case was in line with them or not. These are whether the applicant has a prima facie right; apprehension of irreparable injury, and that there is no other satisfactory remedy. Instead, the Court observed that Mrs Dlamini was deprived arbitrarily of the field given to her by her father-in-law and that she was being forced to live in unsanitary and degrading conditions while the decision of the Regional Administrator was pending. It then ruled that her right to dignity was being violated
In 2002 the South African Constitutional Court was faced with a case challenging the constitution... more In 2002 the South African Constitutional Court was faced with a case challenging the constitutionality of the legislation criminalising cannabis use. The appellant argued that the criminalisation infringed the right to religion. The Court, however, ruled that the legislation did not constitute a constitutional infringement. It is worth noting that the African Commission and the Human Rights Committee previously have dealt with this issue, in particular, the implications of South African legislation on cannabis for international human rights law. Just as the Constitutional Court, the Commission and Committee did not find a violation. In 2017 the Western Cape Division of the High Court of South Africa was faced with another application, this time challenging the constitutionality of the legislation criminalising the personal use of cannabis by adults in the privacy of their home. The Court in this instance declared the prohibition of the use of cannabis by adults in the confines of their private dwellings to be inconsistent with the Constitution of South Africa and declared the provisions to be invalid to that extent. The decision of the High Court was confirmed by the Constitutional Court in 2018, with the latter Court ruling, amongst others, that ‘the right to privacy entitles an adult person to use or cultivate or possess cannabis in private for his or her personal consumption’. This decision raises two questions, namely, what inspired the Court in the 2018 case to arrive at a decision different from that of 2002? In light of the fact that South Africa is a party to the three binding international drug treaties which, among others, create a presumption upon states to criminalise possession and cultivation for personal use, the second question is what the implications of the 2018 decision are for South Africa’s international law obligations. Answering these two questions forms the crux of this article.
Youth unemployment remains high in Africa. Youth unemployment is a current feature in many Africa... more Youth unemployment remains high in Africa. Youth unemployment is a current feature in many African countries’ policy documents. South Africa and Eswatini are grappling with high rates of youth unemployment. The African Youth Charter (AYC) makes provision for the right of young people to gainful employment and enjoins state parties to take all appropriate measures with a view to achieving the full realisation of this right. However, this seems to be a mammoth task judging by the rate of youth unemployment which constantly remains high. Perhaps, corporate social responsibility can serve as a tool for ameliorating youth unemployment even though the AYC is not binding.
The AYC is, rather a document that serves as the strategic framework that gives direction for youth empowerment and development at continental, regional and national levels. The use of soft laws such as Ruggie Guiding Principles on Business and Human Rights can help shoulder the burden faced by the two countries of youth unemployment.
This paper will argue that even though the AYC is not binding on states in as much as on corporates/businesses, at international law these same corporates/businesses have a role to play in ensuring that youth unemployment is curbed through invoking Corporate Social Responsibility (CSR). It will be argued that CSR is no longer only associated with philanthropy, but it is now part and parcel of promoting and protecting human rights in communities where businesses operate, such that they cannot turn a blind eye to social ills such as youth unemployment. Examples will be drawn from two Southern Africa Development Community (SADC) countries’ policies and programmes dealing with youth unemployment, namely: South Africa and Eswatini. The study draws conclusions for policy reform.
The study adopts a desktop review of the literature. It will include a review of international instruments, principles and national laws, policies and programmes, as well as articles, reports and other written sources on youth (un)employment in the two countries.
The paper aims to add to the body of knowledge on youth employment by looking at alternative ways of solving youth unemployment by engaging CSR in collaboration with governments efforts.
People with disabilities in Swaziland have over the years been at the receiving end of government... more People with disabilities in Swaziland have over the years been at the receiving end of government developmental processes and service delivery, hence it is necessary that persons with disabilities be emancipated enough to be agents of their own course.
Simangele Mavundla, examines the importance of sexuality education by analysing the policy framew... more Simangele Mavundla, examines the importance of sexuality education by analysing the policy framework on sexuality education in Swaziland. She notes that comprehensive sexuality education is a tool for equipping young people with the knowledge that they need in order to make informed choices about their sexuality. She notes that Swaziland has an essentially young population that is susceptible to various challenges, including a high prevalence of HIV and high rates of teenage pregnancies and sexual abuse. Therefore, she urges the Swazi government to give more attention to sexuality education as it is an invaluable investment in young people.
The chapters in this book are the outcome of a colloquium that was convened in October 2011 at th... more The chapters in this book are the outcome of a colloquium that was convened in October 2011 at the University of the Free State in Bloemfontein, South Africa. The colloquium sought to explore the potential of augmenting sexual and reproductive health in ways that make optimal use of human rights systems and tools in the African region.
The chapters in this book are divided into three parts: Part 1 focuses on the reproductive autonomy, access to safe abortion and emergency obstetric care; Part 2 has an HIV/AIDS focus; and Part 3 focuses on the intersections between sexual and reproductive health and rights, adolescence, early marriage, sexual violence and poverty. But while the arrangement of the chapters into three parts facilitates the juxtaposition as well as discursiveness analysis of topics that have a closer relationship with one another, it is important to highlight that all the parts are not intended to convey a sense of sacrosanct silos. All the parts and topics in this volume are intertwined and do not yield to sharp demarcations.
Swaziland has over the years considered the issue of introducing age appropriate sexuality educat... more Swaziland has over the years considered the issue of introducing age appropriate sexuality education in schools. However, due to common beliefs that sex education will encourage sexual activity among learners and that sexual education belongs to the private sphere and should not be a part of public education has led the government to approach the introduction of a comprehensive sexuality education in Swaziland’s schools with baby’s steps. These beliefs seems to have worked against a speedy introduction of a comprehensive sexuality education in schools as Swaziland is yet to introduce an age appropriate comprehensive sexuality education in schools. This is despite the fact the policy environment is ripe for an introduction of comprehensive sexuality education in Swaziland and that studies have shown that adolescences with accurate knowledge on sexuality and sexual reproductive health that are empowered to make independent decisions are less likely to entertain myths and misconceptions about their sexuality and well-being.
In recent years, Swaziland has made significant progress in developing national policies, laws an... more In recent years, Swaziland has made significant progress in developing national policies, laws and strategies of relevance to youth. The country adopted its first National Youth Policy in 2009, ratified the African Youth Charter in 2013 and has developed public policies in a range of areas. In the same period, Swaziland has adopted a number of international frameworks, and worked with international organisations to develop programmes that seek to improve the lives of young people. However, despite these commitments, the majority of young people in Swaziland face significant challenges and exceptionally poor outcomes, particularly in the areas of health, employment and participation.
It is this gap between aspirational policy frameworks and the realities experienced by young people in Swaziland with which this review is concerned. With support of the New York-based Open Society Foundation’s Youth Initiative, a team of young researchers sought to investigate the extent to which public policies that affect youth, reflect their aspirations, ambitions, and realities. The review also aims to identify potential opportunities to improve outcomes for youth in the country.
KEY FINDINGS
In examining the situation of young people, the review highlights the ‘youthful’ nature of the country. The review team reports that nearly four in five Swazi’s are under the age of 35, and two in five are between the ages of 15-35 – the definition of youth employed by the 2009 National Youth Policy. Within this context, the extent to which the country’s prospects are dependent on securing positive outcomes for its youth becomes apparent.
Yet the reality is disturbing. Although classified as a lower-middle income country, 63% of Swaziland’s population live on less than US$ 1 per day, making it one of the most unequal countries in the world. Moreover, current employment prospects for youth are unlikely to change this situation. In 2009, the official youth unemployment rate was 49.3% down from 52.7% in 2007. However, over the same period there has been no increase in youth employment. The situation is most pernicious for young women and young people in rural areas.
The world has made sexual and reproductive health and rights (SRHR) a cornerstone of sustainable ... more The world has made sexual and reproductive health and rights (SRHR) a cornerstone of sustainable development. This was done through the adoption of the Sustainable Development Goals (SDGs) by member states of the United Nations. At the regional level, the African Union has made sexual and reproductive health rights central by adopting the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol).
With the advent of COVID- 19, many countries, including Eswatini, have been forced to divert their focus and resources from other urgent priorities in order to effectively address the consequences of COVID-19 effectively. COVID-19 is a health problem that has placed a heavy burden on the health systems of many countries around the world, in both developed and developing countries. Other ills, such as corruption, have resulted in COVID-19 funds being misappropriated and the right to access health being overlooked in relation to other areas such as SRHR.
This chapter examines the impact of COVID-19 on access to contraception as a right to access sexual and reproductive health (SRH) services in the Kingdom of Eswatini. It highlights some of the limitations and implications of COVID-19 constraints and the impact on SRHR, particularly on access to contraceptives, and finally provides recommendations for best practices.
This doctrinal study is significant in that it reaffirms that SRHR remains the cornerstone of sustainable development even in the face of a pandemic such as COVID-19. States cannot simply abdicate their obligation to provide SRHR services.
Mavundla, Strode and Essack analyses the challenges that women living
with HIV in Eswatini face i... more Mavundla, Strode and Essack analyses the challenges that women living with HIV in Eswatini face in accessing the criminal justice system. They conclude that women living with HIV are distrusting of such systems and find them ineffective. They recommend the government of Eswatini to adopt steps, including the implementation of laws and to include women living with HIV in the adoption of programmes on violence against women.
The study answers the following essential questions: What are the experiences of women living wit... more The study answers the following essential questions: What are the experiences of women living with HIV (WLH) regarding violence? Is the Eswatini legal and policy framework cognisant of the nexus between VAW and HIV? How does the legal framework protect HIV positive women from VAW and its consequences in light of international law?
This study found that violence against HIV positive women was multifaceted and involved a wide range of perpetrators. As such, WLH experienced many forms of violence, including stigma and discrimination. The findings of this study confirmed that violence and HIV were inextricably interconnected at many levels and that legal remedies were inadequate, to the extent that women did not generally rely on them. Some of the inadequacies included the fact that the laws on marital and cohabiting relationships offered little protection in conflict with the provision in the Constitution provides that 'women have the right to equal treatment with men'.
This study argues that Eswatini's social context provides fertile ground for HIV and VAW and their interaction to thrive. It further contends that violence against WLH is a public health concern requiring a public health response. It concludes that violence against WLH is indeed a human rights violation, which requires a human rights response.
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Papers by Sima Mavundla
Perhaps, corporate social responsibility can serve as a tool for ameliorating youth unemployment even though the AYC is not binding.
The AYC is, rather a document that serves as the strategic framework that gives direction for youth empowerment and development at continental, regional and national levels. The use of soft laws such as Ruggie Guiding Principles on Business and Human Rights can help shoulder the burden faced by the two countries of youth unemployment.
This paper will argue that even though the AYC is not binding on states in as much as on corporates/businesses, at international law these same corporates/businesses have a role to play in ensuring that youth unemployment is curbed through invoking Corporate Social Responsibility (CSR). It will be argued that CSR is no longer only associated with philanthropy, but it is now part and parcel of promoting and protecting human rights in communities where businesses operate, such that they cannot turn a blind eye to social ills such as youth unemployment. Examples will be drawn from two Southern Africa Development Community (SADC) countries’ policies and programmes dealing with youth unemployment, namely: South Africa and Eswatini. The study draws conclusions for policy reform.
The study adopts a desktop review of the literature. It will include a review of international instruments, principles and national laws, policies and programmes, as well as articles, reports and other written sources on youth (un)employment in the two countries.
The paper aims to add to the body of knowledge on youth employment by looking at alternative ways of solving youth unemployment by engaging CSR in collaboration with governments efforts.
people with the knowledge that they need in order to make
informed choices about their sexuality. She notes that Swaziland has an essentially young population that is susceptible to various challenges, including a high prevalence of HIV and high rates of teenage pregnancies and sexual abuse. Therefore, she urges the Swazi government to give more attention to sexuality education as it is an invaluable investment in young people.
The chapters in this book are divided into three parts: Part 1 focuses on the reproductive autonomy, access to safe abortion and emergency obstetric care; Part 2 has an HIV/AIDS focus; and Part 3 focuses on the intersections between sexual and reproductive health and rights, adolescence, early marriage, sexual violence and poverty. But while the arrangement of the chapters into three parts facilitates the juxtaposition as well as discursiveness analysis of topics that have a closer relationship with one another, it is important to highlight that all the parts are not intended to convey a sense of sacrosanct silos. All the parts and topics in this volume are intertwined and do not yield to sharp demarcations.
less likely to entertain myths and misconceptions about their sexuality and well-being.
It is this gap between aspirational policy frameworks and the realities experienced by young people in Swaziland with which this review is concerned. With support of the New York-based Open Society Foundation’s Youth Initiative, a team of young researchers sought to investigate the extent to which public policies that affect youth, reflect their aspirations, ambitions, and realities. The review also aims to identify potential opportunities to improve outcomes for youth in the country.
KEY FINDINGS
In examining the situation of young people, the review highlights the ‘youthful’ nature of the country. The review team reports that nearly four in five Swazi’s are under the age of 35, and two in five are between the ages of 15-35 – the definition of youth employed by the 2009 National Youth Policy. Within this context, the extent to which the country’s prospects are dependent on securing positive outcomes for its youth becomes apparent.
Yet the reality is disturbing. Although classified as a lower-middle income country, 63% of Swaziland’s population live on less than US$ 1 per day, making it one of the most unequal countries in the world. Moreover, current employment prospects for youth are unlikely to change this situation. In 2009, the official youth unemployment rate was 49.3% down from 52.7% in 2007. However, over the same period there has been no increase in youth employment. The situation is most pernicious for young women and young people in rural areas.
Books by Sima Mavundla
With the advent of COVID- 19, many countries, including Eswatini, have been forced to divert their focus and resources from other urgent priorities in order to effectively address the consequences of COVID-19 effectively. COVID-19 is a health problem that has placed a heavy burden on the health systems of many countries around the world, in both developed and developing countries. Other ills, such as corruption, have resulted in COVID-19 funds being misappropriated and the right to access health being overlooked in relation to other areas such as SRHR.
This chapter examines the impact of COVID-19 on access to contraception as a right to access sexual and reproductive health (SRH) services in the Kingdom of Eswatini. It highlights some of the limitations and implications of COVID-19 constraints and the impact on SRHR, particularly on access to contraceptives, and finally provides recommendations for best practices.
This doctrinal study is significant in that it reaffirms that SRHR remains the cornerstone of sustainable development even in the face of a pandemic such as COVID-19. States cannot simply abdicate their obligation to provide SRHR services.
with HIV in Eswatini face in accessing the criminal justice system. They
conclude that women living with HIV are distrusting of such systems
and find them ineffective. They recommend the government of Eswatini to adopt steps, including the implementation of laws and to include
women living with HIV in the adoption of programmes on violence
against women.
Drafts by Sima Mavundla
This study found that violence against HIV positive women was multifaceted and involved a wide range of perpetrators. As such, WLH experienced many forms of violence, including stigma and discrimination. The findings of this study confirmed that violence and HIV were inextricably interconnected at many levels and that legal remedies were inadequate, to the extent that women did not generally rely on them. Some of the inadequacies included the fact that the laws on marital and cohabiting relationships offered little protection in conflict
with the provision in the Constitution provides that 'women have the right to equal treatment with men'.
This study argues that Eswatini's social context provides fertile ground for HIV and VAW and their interaction to thrive. It further contends that violence against WLH is a public health concern requiring a public health response. It concludes that violence against WLH is indeed a human rights violation, which requires a human rights response.
Perhaps, corporate social responsibility can serve as a tool for ameliorating youth unemployment even though the AYC is not binding.
The AYC is, rather a document that serves as the strategic framework that gives direction for youth empowerment and development at continental, regional and national levels. The use of soft laws such as Ruggie Guiding Principles on Business and Human Rights can help shoulder the burden faced by the two countries of youth unemployment.
This paper will argue that even though the AYC is not binding on states in as much as on corporates/businesses, at international law these same corporates/businesses have a role to play in ensuring that youth unemployment is curbed through invoking Corporate Social Responsibility (CSR). It will be argued that CSR is no longer only associated with philanthropy, but it is now part and parcel of promoting and protecting human rights in communities where businesses operate, such that they cannot turn a blind eye to social ills such as youth unemployment. Examples will be drawn from two Southern Africa Development Community (SADC) countries’ policies and programmes dealing with youth unemployment, namely: South Africa and Eswatini. The study draws conclusions for policy reform.
The study adopts a desktop review of the literature. It will include a review of international instruments, principles and national laws, policies and programmes, as well as articles, reports and other written sources on youth (un)employment in the two countries.
The paper aims to add to the body of knowledge on youth employment by looking at alternative ways of solving youth unemployment by engaging CSR in collaboration with governments efforts.
people with the knowledge that they need in order to make
informed choices about their sexuality. She notes that Swaziland has an essentially young population that is susceptible to various challenges, including a high prevalence of HIV and high rates of teenage pregnancies and sexual abuse. Therefore, she urges the Swazi government to give more attention to sexuality education as it is an invaluable investment in young people.
The chapters in this book are divided into three parts: Part 1 focuses on the reproductive autonomy, access to safe abortion and emergency obstetric care; Part 2 has an HIV/AIDS focus; and Part 3 focuses on the intersections between sexual and reproductive health and rights, adolescence, early marriage, sexual violence and poverty. But while the arrangement of the chapters into three parts facilitates the juxtaposition as well as discursiveness analysis of topics that have a closer relationship with one another, it is important to highlight that all the parts are not intended to convey a sense of sacrosanct silos. All the parts and topics in this volume are intertwined and do not yield to sharp demarcations.
less likely to entertain myths and misconceptions about their sexuality and well-being.
It is this gap between aspirational policy frameworks and the realities experienced by young people in Swaziland with which this review is concerned. With support of the New York-based Open Society Foundation’s Youth Initiative, a team of young researchers sought to investigate the extent to which public policies that affect youth, reflect their aspirations, ambitions, and realities. The review also aims to identify potential opportunities to improve outcomes for youth in the country.
KEY FINDINGS
In examining the situation of young people, the review highlights the ‘youthful’ nature of the country. The review team reports that nearly four in five Swazi’s are under the age of 35, and two in five are between the ages of 15-35 – the definition of youth employed by the 2009 National Youth Policy. Within this context, the extent to which the country’s prospects are dependent on securing positive outcomes for its youth becomes apparent.
Yet the reality is disturbing. Although classified as a lower-middle income country, 63% of Swaziland’s population live on less than US$ 1 per day, making it one of the most unequal countries in the world. Moreover, current employment prospects for youth are unlikely to change this situation. In 2009, the official youth unemployment rate was 49.3% down from 52.7% in 2007. However, over the same period there has been no increase in youth employment. The situation is most pernicious for young women and young people in rural areas.
With the advent of COVID- 19, many countries, including Eswatini, have been forced to divert their focus and resources from other urgent priorities in order to effectively address the consequences of COVID-19 effectively. COVID-19 is a health problem that has placed a heavy burden on the health systems of many countries around the world, in both developed and developing countries. Other ills, such as corruption, have resulted in COVID-19 funds being misappropriated and the right to access health being overlooked in relation to other areas such as SRHR.
This chapter examines the impact of COVID-19 on access to contraception as a right to access sexual and reproductive health (SRH) services in the Kingdom of Eswatini. It highlights some of the limitations and implications of COVID-19 constraints and the impact on SRHR, particularly on access to contraceptives, and finally provides recommendations for best practices.
This doctrinal study is significant in that it reaffirms that SRHR remains the cornerstone of sustainable development even in the face of a pandemic such as COVID-19. States cannot simply abdicate their obligation to provide SRHR services.
with HIV in Eswatini face in accessing the criminal justice system. They
conclude that women living with HIV are distrusting of such systems
and find them ineffective. They recommend the government of Eswatini to adopt steps, including the implementation of laws and to include
women living with HIV in the adoption of programmes on violence
against women.
This study found that violence against HIV positive women was multifaceted and involved a wide range of perpetrators. As such, WLH experienced many forms of violence, including stigma and discrimination. The findings of this study confirmed that violence and HIV were inextricably interconnected at many levels and that legal remedies were inadequate, to the extent that women did not generally rely on them. Some of the inadequacies included the fact that the laws on marital and cohabiting relationships offered little protection in conflict
with the provision in the Constitution provides that 'women have the right to equal treatment with men'.
This study argues that Eswatini's social context provides fertile ground for HIV and VAW and their interaction to thrive. It further contends that violence against WLH is a public health concern requiring a public health response. It concludes that violence against WLH is indeed a human rights violation, which requires a human rights response.