This study argues that the right to form political parties remains elusive in Swaziland in spite of the country’s claim that it is democratic. Discusses the following issues: (1) Whether political pluralism is the only means of actualising the right to freedom of association, and (2) whether the limitation imposed on the right to freedom of association by section 79 of the Constitution of Swaziland is justifiable / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Henry Ojambo, Faculty of Law, Makarere University, Uganda / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"For a long time patriarchial African societies have denied women their rightful place in public life. There are certain cultural practices within these patriarchal societies, which impede the realisation of the human rights of women. Such cultural practices have impacted on the division of power and perpetuated the stereotypical roles of women within those societies. The diminshed status of women in public life does not accord with universal human rights norms and standards. The fact that Swaziland has not ratified the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) makes it difficult for women to vindicate their rights within the United Nations (UN) structures. The right to participate in public affairs is recognised and enshrined as a fundamental human right in both universal and regional human rights instruments. The exercise of this right ensures that citizens, both men and women, have a say in the affairs of the government of their respective countries. The scope of this right includes the right to vote and to be elected at genuine periodic elections, which shall be by universal and equal suffrage held by secret ballot, guaranteeing the free expression of the will of the electors. The deeply patriarchal nature of the two kingdoms presupposes that social, legal and political power is mainly vested in men. With the exception of royal women, "commoner" women are often given inferior roles or none at all in public life. The number of women holding positions in public life in both kingdoms suggests that there is an inherent anomaly in the division of power. ... Chapter two of this study examines the legal and institutional framework regulating the right to participate in public affairs at international and regional level. It does so by identifying the international and regional human rights instrumetns governing the exercise of this rights. The chapter focuses on the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the African Charter on Human and Peoples' Rights (ACHPR) and the Protocol to the African Charter on the Rights of Women. It also discusses the role of the treaty bodies established under the ICCPR and CEDAW as well as the African Commission on Human and Peoples' Rights. The third chapter examines the provisions of the national constitutions of Uganda and Swaziland, governing the right to participate in public affairs and the enforcement mechanisms created under those constitutions. It also analyses the political set-up in Buganda and Swazi kingdoms including the traditional set-up in Swaziland. Chapter four starts by defining culture and then goes on to explore the debate over the universality of human rights and cultural relativism. Beyond this debate, the chapter proposes a way for finding a common ground between the two theories. It then turns on to focus on cultures and traditional practices impacting on the rights of women to participate in public affairs in the two kingdoms. Chapter five gives a brief exposition of the role of roqyl women in both kingdoms. Here emphasis is on the roles of the queen mothers in both kingdoms, the role of the queen sister in Buganda and the princess of the country in Swazilnad. Finally, chapter six presents the conclusion of the study. This chapter also advances recommendations, which may be useful in assisting other traditional African societies in the full realisation of the right." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Tensions between the individual rights and freedoms found in constitutional bills of rights and the traditionally prescribed social roles and positions articulated in African customary law systems have often been characterised as tensions between communitarian and liberal philosophies. In particular, the notion of gender equality, which is often a feature of the protections offered by constitutional bills of rights, is seen to be in direct opposition to the overtly patriarchal character of many African customs and traditions. This thesis looks specifically at polygamy, long and widely considered in the West to be an oppressive practice premised on the assumed inferiority of women. The analysis considers the implications of polygamy in a particular cultural context, that of the Kingdom of Swaziland, where the newly instituted constitution is often seen to be incompatible with many aspects of Swazi customary law. Here, the tension between the constitutional commitment to gender equality and the persistence of polygamy as a seemingly discriminatory cultural practice forms a lens through which to view the debate as a whole. The theoretical analysis is supplemented by empirical research sourced from local media archives and in-depth interviews conducted with twelve Swazi women, both unmarried and married in polygamous relationships. Communitarian and liberal approaches to resolving this tension are compared, contrasted and finally critiqued from a feminist standpoint. The feminist critique of both communitarianism and liberalism implies that neither ideology promises much for women and affirms the relatively recent feminist suggestion that the key to resolving tensions between constitutional and customary law in general, and to uplifting the social/legal status of women in particular lies in the enhancement of women’s democratic participation and the improvement of women’s decision-making powers.

MAIR / Department of Development Studies / The study investigates the issue of human rights on whether there can be a balance or relationship between monarchical rights and human rights in Southern Africa, paying particular attention to the small monarchical kingdom of Eswatini. The study seeks to examine how traditional monarchies in the 21st century treats the issue of human rights bearing in mind the fact that the current global system highly believes in upholding the fundamental freedoms and rights of the people. As a case study, this study seeks to examine the major reasons behind the Kingdom of Eswatini’s continued adherence to a monarchical system and also how the regional and international bodies like the Southern African Development Community (SADC) and the United Nations (UN) are doing in terms of addressing the continued violation of human rights in the Kingdom of Eswatini. Qualitative research methodology will be employed to gather data. The research will contribute to the African studies discourse, especially on the nexus between monarchical rights and human rights. Volunteer sampling will be used to get participants for the study and would be drawn mainly from academics, local chiefs/political leaders and also some of the elderly citizens. / NRF