CEDAW Concluding Observations: Swaziland, 2014
Published: 24/Jul/2014
Source: UN Committee on the Elimination of Discrimination Against Women
CEDAW/C/SWZ/CO/1-2
Concluding observations on the combined initial and second periodic reports of Swaziland
Nationality
28.While noting the efforts of the State party to tackle challenges relating to its nationality legislation, the Committee is concerned that both the Constitution and the Citizenship Act contain provisions depriving children born to Swazi women and foreign husbands of nationality, hence increasing their risk of statelessness. The Committee notes that this is discriminatory because it is not applicable where Swazi men marry foreign women. The Committee is also concerned that, under the Constitution, Swazi women married to foreign men cannot transmit their citizenship to their husbands on an equal basis as Swazi men married to foreign women.
29. The Committee recommends that the State party 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 recommends 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.