SWAZILAND NEWSLETTER 18

1. Lack of legal status hinders the progress of women. IRIN/Mercedes
Sayagues, 20 August 2005.

2. Swazi king ends teenage sex ban. 18 August 2005, Sapa-AFP.

3. EU sugar reform good for South Africa, less for others. By Ed Stoddard
and Peter Apps, Reuters.
August 17, 2005.

4. Documentation (excerpt): SADC Civil Society Forum at SADC summit,
August 14-16 2005. Africafiles Network. Focus on Zimbabwe and Swaziland.
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1. Lack of legal status hinders the progress of women. IRIN/Mercedes
Sayagues, 20 August 2005

MBABANE, 18 Aug 2005 (IRIN) - Swazi businesswomen say the floundering
national economy will benefit from their entrepreneurial talents when they
are no longer constrained by discriminatory laws.

Gender rights activists in Swaziland often use the story of businesswoman
Thandi Khumalo to illustrate the personal and economic devastation that
can result from Swazi women's lack of legal status as adults in
traditional law. "She was robbed of everything she owned because, by Swazi
custom, she was a minor. Her male relatives cheated her of everything she
had earned as a brilliant businesswoman. That is why we are placing our
hopes on the new national constitution, which is supposed to guarantee
equality for women," said Cynthia Khumalo, Thandi's niece and a
businesswoman in the central commercial city of Manzini.

Thandi had built a four-bedroom home in the suburb of Fairview on the
hills overlooking Manzini, where it was the largest structure at the time,
and financed it with the profits from apartment blocks she had developed
and various other enterprises. Returning to Swaziland from a trip abroad,
Thandi found she was locked out of her house. The new owner explained that
her husband had forfeited the property to pay off a gambling debt.

The house had been registered in her husband's name as, by law, a Swazi
woman cannot own property; without the sponsorship of a male relative,
neither can she enter into a contract or secure a bank loan. "My aunt
loved that house. She died of heart failure a short time later," said
Cynthia.

A woman attorney in Manzini commented, "As modern educated women, we feel
it's insulting that we need a document to tell us we are adults. But the
lending institutions require this [male sponsorship]. In retrospect, it is
remarkable that women who occupied cabinet positions and government posts
these past years could sign government documents."

According to the new constitution, which was signed by King Mswati
recently and will come into force in January 2006, women are to shed their
status as legal minors and be granted all the privileges of legal adults:
"women have the right to equal treatment with men and that right shall
include equal opportunities in political, economic and social activities".

The Swaziland chapter of Women and Law in Southern Africa has interpreted
this to mean that banks could no longer refuse loans based on gender.
"Except for some die-hard male traditionalists, most Swazis want equality
for women because of the clear economic and social benefits. Banks are out
to make money - they don't like having to turn down profitable customers
and not earn interest through loans because of out-dated views on women,"
said Constance Ndlovu, co-owner of a beauty shop in Matsapha Industrial
Estate outside Manzini.

Banks loans have been unavailable to women as individuals - they had to
form a corporation with other partners, which then became the legal entity
receiving the loan. "Women have always been able to own property in towns
if they formed corporations, but this is an expensive and time-consuming
process," said Manzini attorney Fikile Mthembu, who was the city's first
woman mayor.

Swazi businesswomen are planning to use their new constitutional rights to
obtain loans from financial institutions, and to press the government's
Land Control Board into granting them title deeds to urban plots,
previously reserved for Swazi men.

"Swazi Nation Land remains a question - we don't know if women will be
successful in obtaining farm land under chiefs," said one attorney. Eighty
percent of the population live as smallholder farmers on communal Swazi
Nation Land, administered by palace-appointed chiefs. By custom, every
Swazi male head of a household who pledged to be the subject of a chief
was entitled to a place to build a house for his family, a small field to
cultivate subsistence crops, and grazing land for his cattle.

That privilege has not been extended to women. Under the "kuteka" custom,
when a woman's husband had died she was required to move into the
household of her brother-in-law, become his wife and bear his children in
a polygamous relationship. The deceased man's family acquired all his
property; in some cases, families denied widows and their children any of
the late husband's property, leaving them destitute.

Women's groups were successful in getting the constitution's authors to
address this problem in a section devoted to the property rights of
spouses: "a surviving spouse is entitled to a reasonable provision out of
the estate of the other spouse, whether the other spouse made a valid will
or not, or whether the spouses were married by civil or customary rites".

A widow will no longer have to enter into a "kuteka" arrangement with a
brother-in-law. The constitution states that "a woman shall not be
compelled to undergo or uphold any custom to which she is in conscience
opposed".
Matsapha beautician Ndlovu said, "These things are now written down in
black and white, and the king has signed this constitution. There is no
going back."

--------------------------------------

2. Swazi king ends teenage sex ban. 18 August 2005, Sapa-AFP

Swaziland's absolute monarch King Mswati III has ordered an end to a
five-year no-sex rite for teenage girls, who had to pledge chastity and
wear woollen "do not touch me" tassels in a bid to halt the spread of Aids.

Swaziland's maidens will forsake their tassels and the umchwasho chastity
pledge on August 22, ahead of the annual reed-dance ceremony where the
king is expected to choose yet another new bride, state-run Radio
Swaziland said on Thursday.

"I have it in command from his majesty to order all the national flowers
[maidens] to converge on Ludzidzini [the royal palace] on Sunday so that
they can drop the woollen tassels on Monday," said a spokesperson for
Swaziland's maidens, Nkhonto Dlamini.

"The woollen tassels will be burnt to mark the end of the ritual
introduced by the monarch in 2001," she said in a message repeatedly aired
by the radio station.

Introduced by Mswati in September that year, the rite was aimed at
reducing the spread of HIV and Aids in a country with the world's highest
infection rate, where close to 40% of adults live with the disease.

Breaching the chastity vow before marriage was punishable and any person
who violated a maiden was fined one cow, or about 1 300 emalangeni (R1
300). But the practice had been attacked by social workers who said it was
ineffective. Mswati himself breached the ban and was fined a cow for
picking a teenaged girl as his ninth wife.

Parents of young Swazi men said they are glad to see the end of umchwasho,
which they said left them impoverished as they had to help their sons pay
for their transgressions.

The annual reed dance, where bare-breasted maidens perform before the
king, will start on August 28 and last for two days.

------------------------------------

3. EU sugar reform good for South Africa, less for others. By Ed Stoddard
and Peter Apps, Reuters.
August 17, 2005

Proposed reforms of the European Union sugar regime may help South
Africa's sugar industry but for growers in Mozambique, Swaziland and
elsewhere on the continent they could be trouble. The EU says it will
slash the price it pays its own producers and selected developing nations
who currently get a better price and preferential access to European
markets, pleasing South African growers -- who are outside the EU system.

"It will mean that there won't be all this dumping on the world market and
this will be good for South Africa," grower Colin Hohls told Reuters on
his farm in Eshowe in South Africa's sugar bowl KwaZulu-Natal province.
Now harvesting much of its sugar harvest, South Africa produces more than
2.5 million tonnes of sugar a year, making it Africa's biggest grower and
the 11th largest in the world if the EU is seen as one producer.

Growers hope a decline in production from Europe -- which currently
produces a five to six million tonne surplus a year -- and the gradual end
of the EU system of paying much more than the global price will push
global sugar prices higher.

But a few hundred kilometres north of Eshowe, in Mozambican sugar
plantations recovering from 16 years of civil war and devastating floods
in 2000, the end of preferential pricing from the European Union is seen
as bad news.
Along with 17 other African, Caribbean and Pacific (ACP) producers
including Malawi, Swaziland and Mauritius, Mozambique exports sugar --
almost half its harvest -- to Europe, receiving well above the market
price, helping boost reconstruction and cut rural poverty.

Swaziland produces around 500,000 tonnes of sugar a year, and Mozambique
is expected to produce 252,000 tonnes this year, according to local
industry groups. "We'd like to rebuild the sugar refinery here," says Mike
Cotter, plant manager at Illovo's sugar factory on the Maragra estate,
pointing to destroyed fuse boxes and rusted piping that once turned raw
into white sugar. "But for that we need more money. This EU issue could
hurt us big time."

The EU says it wants to slash the price it pays for white sugar by 39
percent over two years starting in 2006/07. This will still be above the
world price, but Mozambican growers say the fall in income may be too much
for them to adapt to. Mozambique says it would rather see the price paid
by the EU fall by 20 percent over eight years, giving the industry time to
adapt. Some aid organisations say the EU is protecting its own farmers --
who will receive at least some compensation -- while leaving African
growers on a limb.

Growers in South Africa and Mozambique both hope the fall in EU production
will allow them to increase their share of the world market, but
Mozambique's National Sugar Institute chairman Arnaldo Ribeiro said it
should not be counted on. "Brazil is able to produce much more cost
effectively than us," he said. "They have fantastic soils, fantastic
climate. They could easily make up for the lost production much faster
than us."

------------------------------------

4. Documentation (extract): SADC civil society Forum at SADC summit,
August 14-16 2005. Africafiles Network.

SADC Civil Society Organisations held a Civil Society Forum Meeting from
14-16 August 2005, ahead of the SADC Heads of State and Government Summit
in Gaborone, Botswana. The Forum adopted the following communiqué at the
conclusion of the meeting.

On Gender:

The SADC Civil Society Forum notes that despite the advances made in
achieving gender equality in the region, women remain second class
citizens in virtually every sphere: political, economic, social and legal
and calls upon the SADC Heads of State and Government: to endorse the
recommendation by the Council of Ministers to elevate the SADC Declaration
on Gender and Development into a Protocol for Accelerating Gender
Equality;
to endorse the recommendation by Council of Ministers to raise the current
target of 30% women in decision making to 50% by 2020; to encourage the
traditional leadership and structures to address the issues of gender
inequality and gender based violence which continue to make women and
girls vulnerable; to repeal existing laws and abolish practices which
encourage harmful practices to women and girls; to ensure that schools
are made safe for girls and that appropriate measures are put in place to
address the safety of girls and prevent the drop out of girls.  

On Sexual and Reproductive Health and HIV/AIDS  

The SADC Civil Society Forum notes with grave concern that nearly two
years after the SADC Heads of States adopted the Maseru Declaration on
HIV/AIDS, new infections and deaths of mostly women and girls have
continued, seemingly unabated; and calls upon the SADC Heads of State and
Government: to make HIV/AIDS a priority issue for the region and address
the pandemic with a sense of urgency, with increased financial and human
resources; to fulfil their commitment to contributing to the HIV/AIDS
Regional Fund in terms of the agreement in Maseru; to elevate the Maseru
Declaration on HIV/AIDS into a Protocol; to address the issue of access to
heath care by strengthening health delivery systems through re-equipping
and rebuilding medical facilities and retaining medical and para-medical
personnel in SADC; to prioritise access to treatment and provision of
adequate nutrition; to make the ‘right to choose’ a reality for women and
youth in SADC by removing obstacles which inhibit their control over their
sexual and reproductive health; to develop policies and programmes that
seek to address the sexual, reproductive, and other health needs for
youth, woman in prisons, refugee camps, women with disabilities and
migrant populations.  

On Food Security  

The SADC Civil Society Forum notes with concern the critical food
situation in the region and calls upon the SADC Heads of State and
Government: to demonstrate commitment to and comply with SADC trade
protocol of 1996, specifically by removing tariff and non-tariff barriers
in the region, to achieve a free trade area which ought to have been done
by 2004; to address the issues of mismanagement and poor governance
specifically linked to the national strategic grain reserves; to increase
access to food to reduce the emerging regional dependence on food
assistance; to ensure that women have access to land and security of
tenure; to enhance the functioning of the Land Desk at the SADC
secretariat and to develop a policy framework on the management and
utilization of factors of production and other natural resources. to
encourage Member States to ensure that national strategies target
vulnerable groups including orphans and vulnerable children, People living
with HIV and AIDS, the elderly, pregnant and lactating mothers.    

On Media and Access to Information  

The SADC Civil Society Forum notes with concern that freedom of expression
and media freedom is restricted within the region, and calls upon the SADC
Heads of State and Government: to promote and protect the exercise of the
rights to freedom of expression and the media; to refrain from harassing,
intimidating, arresting and arbitrarily deporting journalists; to commit
themselves to formulating policies and legal frameworks for the promotion
and realisation of right to access to information to ratify and comply
with the SADC Protocol on Culture Information and Sport (2001).  

On Elections  

The SADC Civil Society Forum notes that multiparty elections have now been
carried out periodically within the SADC region, that the period between
elections has been characterised by human rights abuses, political
instability and the lack of citizen participation, constitutional order
and rule of law; and call upon the SADC Heads of State and Government: to
promote and protect human rights, constitutional order and rule of law in
line with international, continental and regional conventions in between
elections; to embark upon legal, parliamentary and electoral reforms for
deepening democracy and good governance and ensuring equal participation
by women; to build competent and independent electoral management bodies
and conflict management institutions; to ensure broad and fair access to
the media both during and in between elections; to ensure commitment and
adherence of Member States to the SADC Principles and Guidelines Governing
Democratic Elections and to elevate the principles into a Protocol.  

On Governance

  The SADC Civil Society Forum notes with concern that some member states
are not in full compliance with SADC and AU values, protocols, principles,
declarations and instruments on human rights, good governance and
democracy, with some yet to sign, ratify and/or domesticate these
instruments and are acting in clear violation of them; and calls upon SADC
Heads of State and Government: to take urgent measures to ensure that all
member states sign, ratify and domesticate all SADC, AU and International
protocols, treaties and instruments that ensure observance of human
rights, good governance and democracy; to take urgent measures for
immediate compliance and ensure periodic review of the extent of
compliance by all member states with principles of SADC and of
International law in respect of human rights, democracy and good
governance.  

In particular on Zimbabwe  

The SADC Civil Society Forum calls upon the SADC Heads of State and
Government to intervene and

1.  urge the Government of Zimbabwe to accept the findings and
recommendations of the UN Special Envoy to Zimbabwe on Operation
Murambatsvina and to immediately commence scrupulous implementation of
such recommendations including: ensuring that all those who are currently
homeless as a result of the mass forced evictions have immediate unimpeded
and unconditional access to emergency relief; securing effective remedy
for all victims including access to justice, and appropriate reparations;
engaging in genuine dialogue with all stakeholders to overcome the
multiple socio-economic and political crisis that currently bedevils
Zimbabwe; and

2.  Urge the Government of Zimbabwe to abandon its current moves through
Constitutional Amendment No 17 to remove protection of the law and oust
the power and jurisdiction of the judiciary to adjudicate past, current
and future cases of alleged breach of the Zimbabwe bill of rights, but
instead commence an open, free and fair consultative constitutional review
process leading to the enactment of a new constitution.  

On Swaziland  

The SADC Civil Society Forum calls upon the SADC Heads of State and
Government to intervene and

1.  urgently review the new Constitution and ensure that it complies with
the principles of democracy and good governance to which she has committed
herself under the SADC, African Union and the United Nations instruments

2.  urge the Kingdom of Swaziland to respect and comply with the principle
of Separation of Powers which has been persistently compromised by the
pervasive influence of the King’s powers throughout the three arms of
government;

3.  urge the Kingdom of Swaziland to open up democratic space and allow
the people of Swaziland to fully exercise their rights to freedom of
association, expression, assembly and political participation.

SADC CSOs Strategies on Zimbabwe and Swaziland:

1. To hold an annual CSOs sub-regional day of reflection and solidarity on
Zimbabwe and Swaziland, and in respect of any other country in need of
solidarity;

2.  To focus on the state of separation of powers by holding an annual
symposium on the state of administration of justice in the region; to hold
an annual human rights defenders conference to among other things look at
the operating space of civil society organisations, human rights defenders
including media practitioners, lawyers and labour movements

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