Statelessness and Inclusion, Women’s Learning Partnership and Women’s Refugee
Commission.
7. The Institute on Statelessness and Inclusion (ISI) is the first and only human rights NGO
dedicated to working on statelessness at the global level. ISI’s mission is to promote
inclusive societies by realising and protecting everyone’s right to a nationality. The
Institute has made over 75 country specific UPR submissions on the human rights of
stateless persons. ISI has also compiled summaries of the key human rights challenges
related to statelessness in all countries under review under the 23rd to the 38th UPR
Sessions.1
Previous UPR of Eswatini under the First and Second Cycle
8. Eswatini2 was previously reviewed during the 12th and 25th Sessions of the UPR, in 2011
and 2016 respectively.
9. During the 12th Session, Eswatini did not receive any recommendations relating to the
right to nationality or statelessness. However, it did receive recommendations relating
to gender inequality and discrimination in laws and practices, including
recommendations from: Brazil to combat gender inequality and discriminatory practices
and ensure equality before the law; France to adopt new laws in accordance with the
principles of CEDAW; Canada to take concrete measures to remove discriminatory laws
and practices; and Argentina to ensure equality before the law.3 Eswatini accepted all of
these recommendations.
10. During the 25th session, Eswatini received a recommendation from Ghana to “repeal
discriminatory provisions in the Constitution and Citizenship Acts”; a recommendation
from South Korea to “consider amending its domestic laws to grant women equal rights
with men with regard to transmission of their nationality to their children”; from
Honduras to “amend legislation that denies Swazi citizenship to children born of foreign
fathers”; from Botswana to align national laws in accordance with the principles
outlined in CEDAW to address women’s rights, which “include land acquisition, equality
and citizenship of children”; from Djibouti to “modify articles 43 and 44 of the
Constitution so that Swazi women, in the same way as men, can transmit
their nationality to their children and their foreign spouses”; from Australia to “enact
legislation to ensure the ability of all Swazi citizens, regardless of their sex, to confer
citizenship upon their children”; and from Sierra Leone to “modify its national laws to
ensure that mothers can pass on nationality to their offspring regardless of the
nationality of the father”.4 Eswatini noted all of these recommendations.
Eswatini’s International obligations
11. Eswatini acceded to the 1954 Convention Relating to the Status of Stateless Persons and
the 1961 Convention on the Reduction of Statelessness in 1999. Eswatini also has
1
For more information, see https://www.institutesi.org/core-activities/human-rights-advocacy
Please note that in previous cycles Eswatini was known as Swaziland. It was officially renamed Eswatini on 19 April 2018.
3 UN Human Rights Council, ‘Report of the Working Group on the Universal Periodic Review: Swaziland’ A/HRC/19/6 (12
December 2011), paras 76.23; 77.20; 77.21; 76.24.
4 UN Human Rights Council, ‘Report of the Working Group on the Universal Periodic Review: Swaziland’ A/HRC/33/14 (13 July
2016), paras 109.28; 109.33; 109.36; 109.31; 109.34; 109.32; 109.35.
2
2