Eswatini - Universal Periodic Review

UPR 39, November 8, 2021
Recommendations by Canada

Recommendations

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Thank you, Madam President.

Canada commends Eswatini's adoption of the 2018 Sexual Offences Domestic Violence Act.

Canada recommends that Eswatini:

1. Accelerate implementation of a multi-sectoral approach to eradicating gender-based violence, including training for law enforcement, educators, medical personnel, as well as victim support services and holding perpetrators accountable;
2. Amend or repeal laws that unduly restrict civil and political rights, including the Public Order Act and the Suppression of Terrorism Act, to bring legislation in line with international human rights law;
3. Ensure impartial investigations, prosecution of perpetrators, and implementation of human rights training in accordance with Eswatini's obligations under the Convention Against Torture;
4. Prohibit discrimination based on sexual orientation and/or gender identity and decriminalize same-sex activity between consenting adults.

Canada observes that Eswatini:

1. Agreed in its last UPR to align its legislation with international standards to guarantee freedom of assembly and association, though it has yet to repeal or amend laws that unduly restrict these rights.
2. Supported recommendations guaranteeing the right to freedom of expression. However, in July, the government of Eswatini shut down its internet. We are concerned that journalists were targeted, detained and assaulted during this period.

Background

Eswatini is a state party to nine human rights treaties, including the Convention against Torture, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights of Persons with Disabilities.

Canada commends the enacting of the Sexual Offences Domestic Violence Act in 2018 as a positive step towards implementing the UPR recommendation to eliminate all forms of discrimination against women. As in many other countries, the COVID-19 pandemic has had the effect of curtailing sexual and reproductive health rights (SRHR) and increasing gender-based violence against women and girls in Eswatini.

Ongoing protests in Eswatini have brought to light the serious challenges that remain in the government's compliance with its international human rights obligations. A lack of clarity remains on the status of political parties and whether the Constitution implemented in 2006 supersedes the ban on political parties in the 1973 Royal Decree. The government used the Public Order Act to explain the excessive use of force by security actors.

The Suppression of Terrorism Act was also misused to arrest two Members of Parliament (MPs) in June 2021, both of whom remain in jail.

Homosexuality remains illegal in Eswatini, but Canada notes that the LGBTI community has held two successful Pride events, in 2018 and 2019.  Nevertheless, LGBTI advocacy groups' concerns persist regarding ongoing repression and discrimination against the community.

We congratulate Eswatini on the achievements it has made in surpassing the global targets of 90-90-90 for HIV/AIDS. While nations around the world are grappling with COVID-19, Canada urges the government of Eswatini to remain focused on combatting HIV/AIDS, malaria and tuberculosis.