international obligations to protect the right to a nationality, without discrimination
including on the basis of sex, and protect the rights of stateless persons on the basis of
other UN and regional treaties to which it is a party. These include, among others, the
International Covenant on Civil and Political Rights (see article 24.3), the Convention of
the Rights of the Child (see articles 2, 3, 7 and 8), the Convention on the Elimination of
All Forms of Discrimination against Women (see article 9), the International Convention
on the Elimination of All Forms of Racial Discrimination (see article 5(d)(iii)), the
Convention on the Rights of Persons with Disabilities (see article 18), the International
Covenant on Economic, Social and Cultural Rights (see articles. 2.2 and article 3), and the
International Convention for the Protection of All persons from Enforced Disappearance
(signed, not ratified) (see article 25).5 Furthermore, the right to a nationality is protected
under Article 15 of the Universal Declaration on Human Rights.
12. Eswatini does not have any relevant reservations to these treaties.
13. Eswatini is a party to the following regional conventions:
I.
II.
III.
The African Charter on Human and Peoples’ Rights, which calls for the
elimination of all discrimination on the basis of sex;
The 2003 Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Women in Africa (Article 6); and
The 1990 African Charter on the Rights and Welfare of the Child (Article 6).
14. In 2017, the Human Rights Committee, while noting measures taken by the State party
to ensure that all births are registered, expressed concern about the large number of
births that remain unregistered, violating Articles 16 and 24 of the ICCPR. The
Committee recommended that Eswatini “expedite its efforts to register all births on its
territory and continue to mount public and family awareness-raising campaigns
concerning birth registration, particularly in rural areas”. 6 The Committee also
recommended, inter alia, that Eswatini “review its Constitution and domestic laws,
including customary laws, on the status of women and repeal or amend all provisions
that are inconsistent with the Covenant, including those relating to marriage,
inheritance, property rights and transfer of citizenship”.7
15. In addition, the Committee on the Elimination of Discrimination against Women
recommended in 2014 that Eswatini “repeal the discriminatory provisions in the
Constitution and the Citizenship Act to ensure that Swazi women married to foreign men
can transfer their nationality to their husbands and children on the same basis as Swazi
men married to foreign women, in line with article 9 of the Convention.” Furthermore,
the Committee recommended that “the State party undertake programmes aimed at
ensuring that children born to Swazi women married to non-Swazi men are not
rendered stateless and have equal access to education, health care and other basic
services”.8
5
See: https://treaties.un.org/Pages/ParticipationStatus.aspx?clang=_en.
UN Human Rights Committee, ‘Concluding Observations on Swaziland in the absence of a report’ CCPR/C/SWZ/CO/1 (23
August 2017), paras 48; 49.
7 UN Human Rights Committee, ‘Concluding Observations on Swaziland in the absence of a report’ CCPR/C/SWZ/CO/1 (23
August 2017), para 25.
8 CEDAW, ‘Concluding observations on the combined initial and second periodic reports of Swaziland’ CEDAW/C/SWZ/CO/1-2
(24 July 2014), para 29.
6
3