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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
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Political Rights and Association
Eswatini
- English(1) Subject to the provisions of this Constitution, every Eswatini or person ordinarily resident in Eswatini has a right to vote at any election of members of the House or members of the Bucopho.… (Sec. 85)
Political Rights and Association
Eswatini
- English(1) Subject to the provisions of this Constitution, the people of Eswatini have a right to be heard through and represented by their own freely chosen representatives in the government of the country.(2) Without derogating from the generality of the foregoing subsection, the women of Eswatini and other marginalized groups have a right to equitable representation in Parliament and other public structures. (Sec. 84)
Political Rights and Association
Eswatini
- English(1) Women have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.
… (Sec. 28)
Political Rights and Association
Eswatini
- English(1) A person has the right to freedom of peaceful assembly and association.
(2) A person shall not except with the free consent of that person be hindered in the enjoyment of the freedom of peaceful assembly and association, that is to say, the right to assemble peacefully and associate freely with other persons for the promotion or protection of the interests of that person.
… (Sec. 25)
Political Rights and Association
Eswatini
- English(1) The fundamental human rights and freedoms of the individual enshrined in this Chapter10 are hereby declared and guaranteed, namely –
…
(b) freedom of conscience, of expression and of peaceful assembly and association and of movement;
… (Sec. 14)
Political Rights and Association
Eswatini
- English(1) Subject to the provisions of section 89, a person is qualified to be registered as a voter if, and is not otherwise qualified unless, that person has attained the age of eighteen years and is a citizen of or is ordinarily resident in Eswatini.… (Sec. 88)
Electoral Bodies
Eswatini
- English(1) There shall be an independent authority styled the Elections and Boundaries Commission (“the Commission”) for Eswatini consisting of a chairperson, deputy chairperson and three other members.…(7) The functions of the Commission shall be to –(a) oversee and supervise the registration of voters and ensure fair and free elections at primary, secondary or other level;(b) facilitate civic or voter education as may be necessary in between elections;(c) review and determine the boundaries of tinkhundla areas for purposes of elections;(d) perform such other functions in connection with elections or boundaries as may be prescribed;(e) produce periodic reports in respect of work done.… (Sec. 90)
National level
Eswatini
- English(1) Subject to the provisions of this Constitution, the House of Assembly shall consist of not more than seventy-six members composed as follows –
(a) not more than sixty members elected from tinkhundla areas serving as constituencies;
(b) not more than ten members nominated by the King acting in his discretion after consultation with such bodies as the King may deem appropriate;
(c) four female members specially elected from the four Regions subject to subsection (3);
(d) the Attorney-General who shall be an ex officio member.
(2) The nominated members of the House shall be appointed by the King −
(a) so that at least half of them are female; and
(b) so as to represent interests, including marginalized groups, not already adequately represented in the House.
(3) The members elected on a regional basis, under subsection (1)(c), shall continue to be so elected, whenever the provisions of section 86 (1) are true, in terms of the following paragraphs −
(a) at the instance of the Chairman of the Elections and Boundaries Commission, the elected members from each Region shall on their first meeting nominate not less than three and not more than five women from each Region qualified to be members of Parliament;
(b) the list of nominated candidates shall be published in at least two local newspapers and the electronic media on at least three consecutive days; and
(c) after ten days from the date of last publication the House shall meet to vote for one woman from each of the Regions, taking into consideration any relevant in-put in terms of paragraph (b). (Sec. 95)11
National level
Eswatini
- English(1) The Senate shall consist of not more than thirty-one members (in this Constitution referred to as “Senators”) who shall be elected or appointed in accordance with this section.(2) Ten Senators, at least half of whom shall be female, shall be elected by the members of the House in such manner as may be prescribed by or under any law at their first meeting so as to represent a cross-section of the Eswatini society.(3) Twenty Senators, at least eight of whom shall be female, shall be appointed by the King acting in his discretion after consultation with such bodies as the King may deem appropriate.(4) The Senators appointed in terms of subsection (3) shall be persons who, in the opinion of the King –(a) are able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalized interests not already adequately represented in Parliament; or(b) are by reason of their particular merit, able to contribute substantially to the good government and progressive development of Eswatini. (Sec. 94)
National level
Eswatini
- English(1) Where at the first meeting of the House after any general election it appears that female members of Parliament will not constitute at least thirty percentum of the total membership of Parliament, then, and only then, the provisions of this section shall apply.
(2) For the purposes of this section, the House shall form itself into an electoral college and elect not more than four women on a regional basis to the House in accordance with the provisions of section 95(3). (Sec. 86)