Issue III - Sexual Violence and Abuse Against Children and
Adolescent Girls
41. Eswatini is a signatory to the Convention on the Rights of the Child and the African
Charter on the Rights and Welfare of the Child and also enacted the Children’s Protection
and Welfare Act 2012 and the Sexual Offences and Domestic Violence Act 2018. Despite
the legislative measures in place, children and adolescent girls are still vulnerable to
sexual abuse and exploitation, teenage pregnancy and child marriage.
42. According to a 2018 national study, 48 percent of women and girls between the ages of
13 to 24 reported having experienced some form of sexual violence, with 1 in 3 girls
experiencing some form of sexual violence before the age of 18.17
43. Domestic and gender-based violence are among the issues children and adolescent girls
face as they stay home during the COVID-19 pandemic. A recent incident of child
marriage made headlines where a 15-year-old girl got married in one of the rural areas
in the Hhohho region. This may be attributed to the effect of COVID-19 leading to school
closures leaving children idle and exposed to such harmful practices. Such incidents,
require heightened attention during the pandemic. Those living close to the border
areas are at risk of human trafficking and sexual exploitation. The pandemic has also
increased children’s vulnerability to exploitation, abuse, neglect and violence by directly
affecting their caregivers or causing the loss of their families’ and communities’
livelihoods.
44. COVID-19 has a detrimental impact on stateless persons specifically. Due to children’s
inability to access their mother’s nationality in some cases, barriers to women extracting
themselves from abusive relationships are increased, a risk that is further exacerbated
due to the notable increases in Gender Based Violence globally linked with pandemic
lockdowns.
45. In terms of governmental response to the pandemic, COVID-19 relief packages and
services were meant for Swazi nationals only. In order to access them, one was required
to register through their constituencies (traditional structures) and to present national
identity cards, further marginalising stateless persons.
Recommendations
46. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to Eswatini:
I.
Amend the Constitution and Citizenship Act to ensure that women have equal
nationality rights as men, in particular, in relation to the acquisition and
retention of their own nationality, and the conferral of their nationality on
their children and non-national spouses.
II.
Protect every child’s right to acquire and preserve their nationality and
introduce legal safeguards to ensure the right to nationality for otherwise
stateless children on the territory.
17
Together for Girls, “Eswatini” overview available at: https://www.togetherforgirls.org/wp-content/uploads/TFG-EswatiniOnePager-10.pdf
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