DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Eswatini

Southern Africa · Country law profile

Eswatini: women’s rights and civic space laws

Eswatini has ratified the Maputo Protocol (2012), CEDAW (2004, by accession) and the ICCPR (2004, by accession). It has not joined the Optional Protocol to CEDAW, ILO Convention 190 or the Malabo Convention. The African Commission adopted a resolution on the human rights situation in Eswatini in June 2023 (ACHPR/Res.554 (LXXV) 2023). Human Rights Watch reported in 2024 that two former members of parliament received long prison sentences after the 2021 pro-democracy protests, and in October 2025 documented continuing impunity for security force abuses during the June 2021 unrest.

Women leaders at an RFLD convening. RFLD member organisations use these laws in their advocacy. Photo: RFLD, taken with the consent of participants.

At a glance

Capital	Mbabane (administrative); Lobamba (legislative and royal)
Legal system	Dual system: Roman-Dutch common law alongside Swazi customary law, under an absolute monarchy (Tinkhundla system)
Official languages	siSwati, English

Key indicators

20.3% (15 of 74)Women in House of Assembly (2026)

Regional and international treaties

Treaty	Status	Reservations or notes
Maputo Protocol	signed 07/12/2004 / ratified 05/10/2012 / deposited 06/11/2012	Not listed among the nine States with reservations (ACHPR, 2026)
CEDAW	acceded 26/03/2004	No reservations listed
CEDAW Optional Protocol	Not signed or ratified
African Charter on the Rights and Welfare of the Child	signed 29/06/1992 / ratified 05/10/2012 / deposited 06/11/2012
ILO C190 (violence and harassment)	Not ratified (not in the list of ratifying States as of 2026)
ILO C111 (discrimination in employment)	ratified 05/06/1981
ICCPR	acceded 26/03/2004	None listed
Kampala Convention	ratified 05/10/2012 / deposited 06/11/2012
AU Convention on Cyber Security (Malabo)	No action recorded (not signed or ratified as of 02/02/2026)
Budapest Convention on cybercrime	Not a party or signatory (not listed)

Constitution

Constitution	Constitution of the Kingdom of Eswatini Act, 2005

National laws

Gender-based and domestic violence

Sexual Offences and Domestic Violence Act No. 15 of 2018

Criminalises domestic violence and sets out victim protection measures and investigation procedures.

Gaps: Several provisions are not yet operational, including the national sexual offender registry and specialised domestic violence and children’s courts.

Source: endgbv.africa

Rape and sexual offences

Sexual Offences and Domestic Violence Act No. 15 of 2018

Criminalises rape, including nonconsensual sex between spouses, and sexual intercourse with persons under 18.

Source: freedomhouse.org

Sexual harassment

Sexual Offences and Domestic Violence Act No. 15 of 2018

Criminalises sexual harassment, including harassment by electronic means.

Gaps: Limited progress has been recorded on sexual harassment in the workplace.

Source: endgbv.africa

Child marriage and age of marriage

Marriage Act No. 47 of 1964, section 3

Sets the minimum age of marriage at 16 for girls and 18 for boys, with lower ages allowed by ministerial permission.

Gaps: The Act does not apply to customary marriages, where marriage is permitted at puberty, so there is no absolute minimum age of marriage.

Source: southernafricalitigationcentre.org

Child marriage and age of marriage

Sexual Offences and Domestic Violence Act No. 15 of 2018, section 43

Creates an offence of marrying a child in violation of marriage law.

Source: southernafricalitigationcentre.org

Child marriage and age of marriage

Marriages Bill, 2022 (gazetted, not yet enacted)

Would set a uniform minimum marriage age of 18 and void non-compliant marriages. It would also require registration of customary marriages.

Gaps: Pending; it omits maintenance and legitimacy of children born in child marriages.

Source: southernafricalitigationcentre.org

Harmful practices

Children’s Protection and Welfare Act No. 6 of 2012, sections 14 and 15

Protects children from harmful cultural practices and gives them the right to refuse such practices. It penalises arranging child marriages (kwendzisa) with up to 20 years in prison.

Gaps: These provisions do not address the unequal power relations behind such practices.

Source: girlsnotbrides.org

Family and personal status

Marriage Act No. 47 of 1964

Governs civil marriage.

Gaps: It grants greater marital power to husbands, and both civil and customary law treat women as dependents of fathers or husbands.

Source: endgbv.africa

Land and property

Matrimonial Property Bill, 2017 (not enacted)

Proposed reform of marital property rules.

Gaps: The bill had not been enacted, leaving marital property reform pending.

Source: southernafricalitigationcentre.org

Girls’ education

Free Primary Education Act No. 1 of 2010

Provides for free primary education.

Gaps: Quality and access remain unequal between urban and rural areas.

Source: southernafricalitigationcentre.org

Political participation and quotas

Election of Women Members to the House of Assembly Act

Allows the selection of additional women members when the elections do not reach the required representation of women.

Gaps: After the 2018 elections women held only 9.6 percent of House of Assembly seats.

Source: freedomhouse.org

Labour and maternity

Employment Act, 1980

Main labour law, addressing workplace ill-treatment.

Gaps: It does not specifically address gender discrimination at work.

Source: endgbv.africa

Trafficking

People Trafficking and People Smuggling (Prohibition) Act, 2009

Criminalises human trafficking, including for sexual exploitation.

Source: endgbv.africa

Access to justice and legal aid

Legal Aid Bill, 2016 (not enacted)

Would establish a state legal aid framework based on an interests of justice test.

Gaps: Not enacted, so there is no statutory legal aid scheme.

Source: southernafricalitigationcentre.org

Access to justice and legal aid

Swazi Courts Act No. 80 of 1950

Establishes traditional courts applying customary law.

Gaps: Section 23 bars legal representation, and women cannot preside. The courts apply discriminatory customary law.

Source: southernafricalitigationcentre.org

Online violence and cybercrime

Computer Crime and Cybercrime Act, 2022

Criminalises cyberbullying, cyberstalking, online harassment and child sexual abuse material.

Gaps: It does not specifically address online gender-based violence and has been criticised for vague provisions that can be used against the media.

Source: endgbv.africa

Data protection

Data Protection Act, 2022

Published in March 2022, it regulates the processing of personal data and establishes a data protection authority.

Source: dataprotection.africa

Human rights defenders

Suppression of Terrorism Act No. 3 of 2008, as amended in 2017

Counter-terrorism law that has been used to restrict civic activity.

Gaps: It retains provisions on guilt by association and designation of organisations without procedural fairness, and NGOs are inhibited by broad sedition and terrorism laws.

Source: southernafricalitigationcentre.org

Human rights defenders

Public Order Act No. 12 of 2017

Replaced the 1963 Act and requires four days’ notice for gatherings of 50 or more people.

Source: southernafricalitigationcentre.org

Vulnerable Groups

Criminal prohibition of sodomy

Same-sex sexual activity remains a criminal offence, although the ban is not regularly enforced.

Gaps: Discrimination on grounds of sexual orientation is not prohibited by law.

Source: freedomhouse.org

Civic space

Notes	ACHPR adopted Resolution 554 on the human rights situation in Eswatini (11 June 2023) and an earlier Resolution 216 (2012). Human Rights Watch reported that the Supreme Court upheld repressive measures (16 August 2024) and that two former members of parliament were sentenced to long prison terms (18 July 2024). A prominent human rights lawyer was killed in January 2023 (Human Rights Watch).

Women and girls with disabilities

The Persons with Disabilities Act, 2018 (Act No. 16 of 2018)

General law on the rights of persons with disabilities.

Source: gov.sz

Older persons

No specific law on older persons

An elderly grant exists but no law. The AU Protocol on the Rights of Older Persons is under review for ratification.

Gaps: No law on the rights of older persons.

Source: eswatiniobserver.com

Recent developments

30 October 2025. Human Rights Watch report on impunity for security force abuses during the June 2021 unrest
16 August 2024. Human Rights Watch describes a Supreme Court ruling as upholding repression
18 July 2024. Two former members of parliament sentenced to long prison terms after the 2021 protests
11 June 2023. ACHPR adopts Resolution 554 on the human rights situation in the Kingdom of Eswatini

Reforms recommended

Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.

Ensure accountability for security force abuses during the June 2021 unrest, as urged by Human Rights Watch (2025) and ACHPR Resolution 554 (2023)

Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: female genital mutilation, inheritance and succession, abortion and sexual and reproductive health, social protection, nationality. Corrections and documents are welcome at programs@rflgd.org.

African Union treaties

Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 5 of the 13 human rights and governance treaties below are ratified.

AU treaty	Status	AU list dated
Maputo Protocol (rights of women)	Ratified 05/10/2012	19/09/2023
African Charter on Human and Peoples’ Rights	Ratified 15/09/1995	15/06/2017
African Charter on the Rights and Welfare of the Child	Ratified 05/10/2012	14/02/2023
Protocol establishing the African Court on Human and Peoples’ Rights	Signed 2004, not ratified	14/02/2023
African Charter on Democracy, Elections and Governance	Signed 2008, not ratified	08/07/2024
AU Convention on Ending Violence against Women and Girls	Not signed	22/05/2026
Protocol on the Rights of Persons with Disabilities	Not signed	22/05/2026
Protocol on the Rights of Older Persons	Not signed	22/05/2026
Protocol on Social Protection and Social Security	Not signed	22/05/2026
African Youth Charter	Ratified 05/10/2012	19/09/2023
OAU Refugee Convention	Ratified 16/01/1989	16/05/2019
AU Convention on Preventing and Combating Corruption	Signed 2004, not ratified	14/02/2023
AU Convention on Cyber Security and Personal Data Protection (Malabo)	Not signed	02/02/2026

Other AU treaties (16)

AU treaty	Status	AU list dated
Protocol on Free Movement of Persons	Not signed	08/08/2023
Protocol on the Statute of the African Court of Justice and Human Rights	Not signed	18/06/2020
Protocol on Amendments to the Statute of the African Court of Justice and Human Rights (Malabo Protocol)	Not signed	22/05/2026
Protocol of the Court of Justice of the African Union	Signed 2004, not ratified	18/06/2020
Protocol on the Peace and Security Council	Ratified 30/12/2005	27/04/2022
Protocol to the OAU Convention on Terrorism	Signed 2004, not ratified	15/06/2017
OAU Convention on Mercenarism	Signed 2004, not ratified	15/06/2017
Charter on Decentralisation, Local Governance and Local Development	Not signed	25/03/2022
Charter on Public Service and Administration	Not signed	08/07/2024
African Charter on Statistics	Not signed	19/09/2023
Statute of the Pan African Intellectual Property Organization	Not signed	19/09/2023
African Road Safety Charter	Ratified 17/11/2020	22/05/2026
Revised African Maritime Transport Charter	Not signed	25/03/2022
Phyto-sanitary Convention for Africa	Not signed	15/06/2017
Convention establishing the African Centre for Fertilizer Development	Signed 2004, not ratified	19/09/2023
Constitution of the Association of African Trade Promotion Organizations	Signed 1974, not ratified	16/05/2019

Sources (23)

Other countries in Southern Africa

AngolaCountry law profile BotswanaCountry law profile LesothoCountry law profile MalawiCountry law profile MozambiqueCountry law profile NamibiaCountry law profile South AfricaCountry law profile ZambiaCountry law profile ZimbabweCountry law profile

Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.

For funders and partnersPour les bailleurs et les partenaires

Fund the women who defend rights in Africa, nowFinancez maintenant les femmes qui défendent les droits en Afrique

Aid to women’s organisations is falling. RFLD moves funding fast to women-led organisations and defenders, in French and English, through a network of 1,143 member organisations in more than 35 African countries.L’aide aux organisations de femmes recule. Le RFLD achemine vite les financements vers les organisations de femmes et les défenseures, en français et en anglais, grâce à un réseau de 1 143 organisations membres dans plus de 35 pays africains.

RFLD currently serves as Co-Chair of the SEA-T Programme Advisory Council, mandated to ensure the programme’s direction, priorities, and resources are meaningfully aligned with the visions of African women-led civil society. The SEA-T Programme is funded by the German Federal Ministry for Economic Cooperation and Development (BMZ) and implemented by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.Le RFLD assure actuellement la coprésidence du Conseil consultatif du programme SEA-T, chargé de veiller à ce que l’orientation, les priorités et les ressources du programme soient réellement alignées sur les visions de la société civile africaine portée par les femmes. Le programme SEA-T est financé par le ministère fédéral allemand de la Coopération économique et du Développement (BMZ) et mis en œuvre par la Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH. See the partnershipVoir le partenariat

1,143member organisationsorganisations membres
35+African countriespays africains
N°553ACHPR observer statusstatut d’observateur CADHP
CandidSeal of Transparency 2025Sceau de transparence 2025

DonateFaire un don Partner with RFLDDevenir partenaire See our financialsVoir nos états financiers