1. Home
  2. Southern Africa
  3. Eswatini

Traditional laws and customs to be codified

Women's rights groups in Swaziland have warned that moves to codify traditional laws and customs could undermine gender equality gains achieved in the recently promulgated constitution. "We welcome the writing down of Swazi customs to avoid confusion, [but] we feel that if these become codes they will take precedence over gains made by women in the constitution in the field of equal rights," a source at the Swaziland branch of Women in Law in Southern Africa (WLSA) told IRIN. After years of protracted deliberations, Swazi women were finally afforded equal rights in the constitution, which now reserves one-third of parliamentary seats for them. However, gender advocacy groups were wary about efforts to formalise traditional customs, as progress towards giving women a greater say in public life could inadvertently be reversed. Prince Mangaliso Dlamini, who chaired the Constitutional Review Commission, has allayed some of these fears, saying the process was intended to benefit all citizens. The constitution states that "a woman shall not be compelled to undergo or uphold any custom to which she is in conscience opposed". Mangaliso is expected to head the body overseeing the codification of traditional laws and customs, and plans to travel around the country to establish a consensus on what constitutes Swazi traditional law - other than some observations in anthropological works, customs have not been written down, resulting in a wealth of interpretation and much confusion. Swaziland's highest traditional authority, the governor of Ludzidzini royal village, hosts a popular radio show that answers questions on customary issues such as marriage, the family, and local governance. Some traditional matters, like the appointment of the king and chiefs, are covered in the constitution. King Mswati has emphasised the importance of having Swazi customs written down to eliminate misinterpretation.

This article was produced by IRIN News while it was part of the United Nations Office for the Coordination of Humanitarian Affairs. Please send queries on copyright or liability to the UN. For more information: https://shop.un.org/rights-permissions

Share this article

Get the day’s top headlines in your inbox every morning

Starting at just $5 a month, you can become a member of The New Humanitarian and receive our premium newsletter, DAWNS Digest.

DAWNS Digest has been the trusted essential morning read for global aid and foreign policy professionals for more than 10 years.

Government, media, global governance organisations, NGOs, academics, and more subscribe to DAWNS to receive the day’s top global headlines of news and analysis in their inboxes every weekday morning.

It’s the perfect way to start your day.

Become a member of The New Humanitarian today and you’ll automatically be subscribed to DAWNS Digest – free of charge.

Become a member of The New Humanitarian

Support our journalism and become more involved in our community. Help us deliver informative, accessible, independent journalism that you can trust and provides accountability to the millions of people affected by crises worldwide.

Join