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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Swaziland - 12th Session - 2011 Scroll to: National Report 18. Swaziland National Ex-Miners Workers Association and Another v The Minister of Education And Others Civil Case No. 335/2009. The applicants were a voluntary association and a natural person. The applicants approached the court for an order directing the Government to provide free primary education to every Swazi as provided for in Section 29(6) of the Constitution. The Court declared that every Swazi child of whatever grade attending primary school is entitled to education free of charge, at no cost and not requiring any contribution from any such child regarding tuition, supply of textbooks, and all inputs that ensure access to education. The court further declared that the Government has the constitutional obligation to provide education free of charge, at no cost, to every child so entitled. In a subsequent case between the same parties, the Supreme Court held that the Government's obligation was dependent on the availability of resources and that the Government's programme of rolling out free primary education incrementally was constitutional. 20. Sikhumbuzo Masinga v Director of Public Prosecutions And Others Criminal Case No. 21/2007 concerned the constitutionality of minimum sentence legislation in so far as it applied to children. The Court held that the legislation in so far as it applied to children who were below the age of 18 at the time of commission of the offence was inconsistent with the child's freedom from cruel, inhuman or degrading treatment or punishment protected by section 29(2) read with sections 18(2) and 38(e) of the Constitution. 22. Swaziland is party to the following International Human Rights Instruments: Core United Nations Human Rights Treaties (b) Convention on the Rights of the Child ratified on 6 October 1995. 24. Swaziland is party to the following regional instruments: (c) African Charter on the Rights and Welfare of Children signed on 29 June 1999. 31. Section 29(6) of the Constitution provides for the right of children to free education in public primary schools. In 2002 the Government, in a bid to ensure access to education for all children irrespective of their socio-economic status, introduced the Orphaned and Vulnerable Children (OVC) scheme. That scheme involves the Government providing bursaries to OVC in order to make school affordable for them. 32. According to the Swaziland Millennium Development Goals Progress Report, produced by the Ministry of Economic Planning and Development, funding for the OVC initiative has increased from E16 million in 2002 to E123 million in 2010. 33. To further improve access to primary education, the Government introduced the provision of free text and workbooks, free stationery, free exercise books, school furniture, feeding programmes and improved infrastructure. These measures led to an increase in the net enrolment ratio in primary school that is the number of children that are of official primary school-age and enrolled in primary school over the total population of children in official primary school age. The Education Management Information System (EMIS) survey report for 2008/2009 records that the primary school net enrolment ratio in 2000 was 79% rising to 82% in 2004 and 87% in 2007. 34. A major milestone occurred in 2009 when the Government launched the Free Primary Education (FPE) programme in grades 1 and 2. FPE is the implementation of the right guaranteed by section 29(6) of the Constitution. FPE is designed to extend to an additional grade every year so that by 2015 all grades are covered. However the roll out of FPE may be affected by fiscal crisis that the country is currently experiencing. The fiscal crisis is caused by a decline in revenue payments from the Southern Africa Customs Union (SACU). 35. In 2010 The Free Primary Education Act was enacted to give effect to this right. Section 10(1) of the Act compels parents to send their children to school on pain of prosecution. 36. In the grades where FPE has not yet been introduced, the Ministry of Education continues to provide free text and workbooks, free stationery, free school furniture and free exercise books. 37. FPE has led to a significant increase in the net enrolment ratio. The preliminary report of the Multi Indicator Cluster Survey, 2010 (MICS) indicates that the net enrolment ratio stands at 97%. 38. The Government has adopted programmes aimed at removing barriers to access to Secondary Education. These programmes are the introduction of a book rental scheme, the building of new schools and classrooms as well as the implementation of a feeding scheme. These interventions have led to an increase in the gross enrolment rate. According to the Education Management Information Systems (EMIS) report of 2009/2010 in 2009 the provisional gross enrolment rate in Lower Secondary Schools was 75%. 78% of those children were male and females constituted 72%. For 2010 the provisional gross enrolment rate was 78%, 81% of whom were male and 75.5% were female. 39. In Senior Secondary Schools the provisional gross enrolment rate in 2009 was 34%. 36% of these pupils were male and 33% were female. In 2010 the provisional gross enrolment had risen to 57%, males constituted 58 % of those pupils and females 55%. 41. According to the 2007 Population and Housing Census, there are 481,945 children below the age of 18 and they comprise 47% of the population. 42. The Constitution provides the legal framework for the protection of children's rights. Section 29 provides for the rights of children to know and be cared for by their parents or guardians, access to education, medical treatment, and protection from all forms of exploitation and abuse and abolishes the status of illegitimacy for children born out of wedlock. In 2009 the Government adopted The National Children's Policy which seeks to promote, protect and fulfil the rights of all children and ensure their full development and long-term welfare including their physical and psychosocial development. 43. A bill, the Child Welfare and Protection Bill of 2011, intended to give effect to the provisions of the Constitution and the country's obligations under the CRC and the African Charter on the Rights and Welfare of the Child (ACRWC) is currently before Parliament. In terms of section 238 of the Constitution an international agreement becomes binding on Swaziland by an Act of Parliament or a resolution of at least two-thirds of the members at a joint sitting of the two Chambers of Parliament. The ACRWC is still awaiting ratification by a joint sitting of both chambers. 44. According to the first Swaziland Demographic and Health Survey (DHS) for 2006/2007 the Country has a high prevalence of HIV and AIDS. This has led to an increase in the number of orphaned and vulnerable children (OVC). The EMIS report of 2009/2010 reveals that up to 53% of all children are either orphaned or vulnerable. There are a number of social services aimed at the most vulnerable children groups in the country: (a) OVC education fund which provides for this group of children's school fees from Grade 4 up to completion of secondary school. (b) Child Support Grants that are allocated to orphanages around the country. (c) Neighbourhood Care Points (NCP) are service delivery points at community level. At NCPs children come daily to receive care and psychosocial support, a meal, basic health care, educational and recreational activities. Currently there are 48,248 children aged under 5 years registered in 1,495 NCPs located countrywide. Training is provided to caregivers to improve their skills in catering for the children's needs. 45. The CRC states that all children have the right to be registered immediately after birth. The Ministry of Home Affairs is responsible for issuing birth certificates of new born babies and other citizens. The birth registration process has been expanded to all main public hospitals in the country. Since 2007 the Government in collaboration with UNICEF has been engaged in a birth registration programme to improve child birth registration across all communities in the country. 46. The DHS for 2006/2007 put the rate of birth registration of children under 5 years at 30%. The birth registration process has seen an increase in the rate of birth registrations. MICS 2010 reports that the figure has escalated from 30% in 2007 to 49% in 2010. 47. The Disability Profile of 2011 which was taken from the 2007 census data estimates, states that persons living with disabilities constitute 17% of the population. The prevalence of disability increases with age and is higher in rural areas than it is in urban areas. The common types of disabilities are visual impairment, hearing disabilities, multiple disabilities, mental, speech and physical disabilities. Government has undertaken a situational analysis on children and young persons, and is in the process of drafting a national disability policy. 48. The Ministry of Education has made provision for Special Pupils to access Basic Education by implementing an Inclusive Education (IE) policy in all schools. School structures are being modified to enable disabled children to access education without obvious barriers. There are specialized schools for the deaf. For the visually impaired programmes include provision of Braille text books, Braille machines and the establishment of two resource centers for special needs children where teachers and pupils will access teaching and learning materials. 85. HIV Testing and Counselling has been scaled up and integrated into other health care services such as Antenatal Care (ANC) and TB services. To date about 40% of the population have tested and they know their HIV status. This is expected to increase as the country is engaged in a home based HIV testing through a population based survey to measure the incidence of HIV. The Prevention of Mother to Child transmission program is being implemented and services are available in 85% of facilities offering ANC services. According to the Swaziland United Nations General Assembly Special Session on HIV and AIDS (UNGASS) 2010 report, the proportion of children born to HIV positive mothers enrolled in Prevention of Mother to Child Transmission (PMTCT) programme that were born HIV free is 83%. The country has embraced the move towards the Elimination of Paediatric AIDS by 2015. Furthermore Male Circumcision has been integrated into the national HIV prevention package. 89. Net primary school enrolment has shown an increase from the year 2000 at 79.2% to 97% in 2010. This improvement is largely due to the introduction of the OVC initiative and FPE which commenced in 2002 and 2009 respectively. According to EMIS survey report 2008/2009, in 2009 a total of 85,530 OVC were benefiting from the scheme in primary school. The country is working towards achieving universal free primary education by 2015. 91. His Majesty's Correctional Services (HMCS) has a school that caters for children. Children in conflict with the law are detained separately from adults. 92. All imprisoned children attend the school which follows the national education policy and the country's prevailing curriculum. In essence, their education is in line with that taught in public schools around the country and those sitting for external examinations, write the same examinations. While the children are attending school, they are in full school uniform and the teachers are also in formal business clothing. The school provides classes for Grade 1 up to Grade 12. The Ministry of Education provides inspectors for the school. The school is also registered as a centre for external examination. The children attending the school are allowed to engage in sporting activities with schools around the country. 93. On completion of their sentences, His Majesty's Correctional Services liaises with schools around their communities in order to solicit a place for admission for the soon-to-be released child so that she or he continues with her or his education. However, HMCS faces a challenge in finding places for children in the formal schools where the child completes his or her term of imprisonment in the middle of the school year. 95. The mortality rate of children and infants is still high. According to the Central Statistical Office (CSO) the child mortality rate in 1997 was 106 deaths per 1000 live births and in 2007 it stood at 120 deaths per 1000. In 1997 infant mortality rate was 78 deaths per 1000 live births and this increased to 85 per 1000 deaths in 2007. 98. Although Swaziland has ratified most of the core international human rights instruments, the country has not complied with its obligation to report to the treaty monitoring bodies. Swaziland has only submitted the initial report to the Committee on the Rights of the Child (CRC) and last submitted its periodic reports to the Committee on the Elimination of Racial Discrimination (CERD) in 1997. Further the Government has not followed up on the recommendations and suggestions made in the concluding remarks of the CRC and CERD. The initial report and first periodic report on CEDAW has been completed and will be submitted to the treaty monitoring body this year. 99. The Government advocates for education for the girl child at all levels. The net enrolment in Secondary Schools is higher for girls than it is for boys. However the gross enrolment rate for girls is lower than that of boys. This is attributable to many social factors including teenage pregnancies, the girl child bearing the burden of looking after sick relatives, early marriages and the belief that educating the boy child is a better investment than educating the girl child because the girl will leave the family on marriage and not contribute to the family. 110. The Government provides free Ante Natal Care (ANC) services in an effort to reduce maternal mortality and the still birth rate. What is more the Government has launched the Campaign for Accelerated Reduction of Maternal Mortality in Swaziland (CARMMS) in 2009. This campaign emphasises on community engagement in mobilising women to visit facilities for ANC and delivery. 111. In so far as infant and child mortality is concerned, there is a national Expanded Programme on Immunisation (EPI) responsible for implementing a comprehensive immunisation program to prevent morbidity and mortality among infants and children due to vaccine preventable diseases. According to the MICS indicators for immunisation have improved greatly. The Government procures all the vaccines including newly recommended ones. 1. In 2006, the Committee on the Rights of the Child (CRC) recommended that Swaziland ratify the Optional Protocols to the Convention, and encouraged it to expedite its ratification of the 1993 Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption. 5. In 2006, CRC remained concerned at the lack of a systematic and comprehensive legislative review regarding compatibility of domestic legislation, policy and practice with the Convention,i and recommended that Swaziland seek the assistance of UNICEF in order to have an adviser to the Parliament. 9. In 2006, CRC recommended that Swaziland establish an independent body for monitoring the implementation of the Convention of the Rights of the Child in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles). Such a body should be provided with adequate human and financial resources, be easily accessible to children, and deal with complaints from children in a child-sensitive manner. 10. CRC welcomed the establishment of the Ministry of Regional Development and Youth Affairs in 2006; and the establishment of the Children's Centre Clinical Excellency, a special health facility for children infected with HIV/AIDS. 12. UNCT noted that Government policies promoting human rights included the National Gender Policy (2010), the National Children's Policy (2009), the Social Development Policy, the National Health Policy (2007), the Education Policy, the National Strategic Framework on HIV/AIDS and the Labour Inspection Policy.ii The Disability Policy, Food for Work Policy and the Land Policy to promote the enabling environment for a human rights-based development agenda were still pending. 13. In 2006, CRC welcomed the adoption of the National Plan for Orphans and Vulnerable Children for 2006–2010. 19. In 2011, UNCT stated that there were a number of discrepancies in the acquisition of land, which disadvantaged women. In most instances, women were denied (limited) independent access to land through inheritance, traditional acquisition of Swazi nation land and also in registering title deed land in their names if they were married. CRC recommended, inter alia, that Swaziland abolish the prohibition of land ownership by women, particularly widowed mothers and orphans.iii In 2009, the Complementary Country Analysis stated that women were particularly affected by poverty because of limited employment opportunities and control over their earnings and/or capital. 20. In 2006, CRC welcomed the fact that the Constitution had addressed the issue of non discrimination, in particular with regard to persons born out of wedlock. Nevertheless, it was concerned that national legislation was inconsistent with the non-discrimination provisions of the Convention. It was also concerned that de facto societal discrimination persists against vulnerable groups of children, including children with disabilities, street children, children living in rural areas, children born out of wedlock, orphans and children living in foster care and children affected or infected by HIV/AIDS. CRC was also deeply concerned at the situation of girls, in particular adolescent girls who suffer marginalization and gender stereotyping, compromising their educational opportunities and who are more vulnerable to sexual violence, abuse and HIV/AIDS. CRC inter alia recommended that Swaziland prioritize and target social services for children belonging to the most vulnerable groups and pay special attention to the situation of girls through education campaigns, participation, support and protection. 21. CRC noted with concern that equal opportunities for children with disabilities were jeopardized, e.g. by their limited access to health, education, sporting facilities and the physical environment, and that social stigma, fears and misconceptions surrounding disabilities remained strong in society. CRC was further concerned that children were doubly disadvantaged if they lived in rural and remote areas. 25. In 2009, the Complementary Country Analysis stated that gender-based violence was a major problem and that some cultural practices such as wife inheritance, forced marriages, early marriage and intergenerational sex compounded the increasing incidence of gender-based violence and, in particular, sexual abuse of girls and young women. 26. UNCT noted that, although there had been some effort to address gender-based violence, such effort still fell short of addressing the problem adequately and developing an effective and comprehensive policy addressing the sexual exploitation of children. In this regard, CRC in 2006 recommended that Swaziland take appropriate legislative measures, including expediting the adoption of the draft law on sexual offences and domestic violence, and ensure that child victims of sexual exploitation were not criminalized or penalized. In 2011, UNCT reported that a first reading of that bill had taken place but some barriers remained in passing it into law. 27. In 2006, CRC, while welcoming the establishment of a Domestic Violence, Child Protection and Sexual Offences Unit, remained concerned at the lack of a comprehensive policy for the prevention and combat of child abuse and neglect in the family. It was also concerned that many child victims had only limited access to justice owing to the prohibitive costs associated with the services of legal counsel. 28. CRC was deeply concerned that corporal punishment was legal and traditionally accepted and widely practised in the family, schools and other settings. It was further concerned that the new Constitution allowed the use of "moderate chastisement" of children. It recommended inter alia that Swaziland consider, as a matter of priority, explicitly prohibiting by law corporal punishment in all settings and conduct awareness-raising and educational campaigns to ensure that alternative forms of discipline were used, in a manner consistent with the child's human dignity. 33. While welcoming the establishment of the Children's Court in 2005, CRC was nevertheless concerned at the lack of a functioning juvenile justice system throughout the country. It inter alia recommended that Swaziland raise the age of criminal responsibility as a matter of urgency and ensure that it complied with acceptable international standards; improve training programmes on relevant international standards for all professionals involved with the system of juvenile justice; strengthen the Children's Court by providing it with adequate human and financial resources and ensure that, particularly in rural areas, well-trained judges dealt with children in conflict with the law; ensure that the deprivation of liberty of a juvenile was a matter of last resort and took place for as short a time as possible and that detained girls were separated from adult women; and provide children with legal assistance at an early stage of legal proceedings. 35. In 2006, CRC was concerned at the lack of clarity under common and customary law regarding the definition of the child and the minimum age for marriage, and recommended that Swaziland inter alia expedite the preparation, adoption and enactment of the Marriage Bill, which intended setting the minimum age for marriage at 18 years for both boys and girls, and prevent the practice of early marriages. 36. UNCT indicated that chapter IV of the Constitution governing citizenship issues provided for different treatment between men and women regarding acquisition of citizenship through marriage, transfer of citizenship through descent and renunciation of citizenship. CRC was also concerned that the child did not derive his or her citizenship from the mother unless the child was born outside of marriage and was not adopted or claimed by the father. 37. UNCT noted that birth registration was not automatic although it remained the entry point for all public services, including access to free primary education and orphans and vulnerable children education grant. CRC recommended that the State party strengthen and further develop measures to ensure that all children born within the national territory were registered. 38. CRC noted that Swaziland, in cooperation with civil society, had developed many programmes to provide care and support to orphans and vulnerable children, but remained deeply concerned about the impact the high rate of HIV/AIDS had on children who had lost one or both parents and the need to provide them with adequate alternative care. 43. In 2006, CRC remained concerned that traditional societal attitudes appeared to limit children in freely expressing their views in schools, communities or within the family, and that so-called cautionary rules limited the due weight given to their views in judicial or administrative proceedings. 50. In 2011, UNCT noted the need to build the capacity of the Government, institutions and social partners in promoting and protecting labour rights, on reporting on ILO Conventions and on how to operationalize them, building on existing programmes, such as the Action Programme on the Elimination of Child Labour (APEC) and ILO HIV/AIDS workplace programme. 53. In 2006, CRC inter alia recommended that Swaziland support communities in their responsibility to ensure that all children have adequate nutrition and hygiene, including school meals and alternative sources of meals for orphaned and vulnerable children during school holidays and engage communities, including young people, in initiatives to increase self-sufficiency in food production. 55. In 2009, WHO stated that high maternal and neonatal morbidity and mortality were a cause for concern. CRC was concerned at the particular situation of girls, given, for instance, the relatively high percentage of early marriages and early pregnancies, which could have a negative impact on their health and development. 56. In 2011, UNCT stated that article 15 (5) of the Constitution limited the right to abortion to cases "where the pregnancy resulted from rape, incest or unlawful sexual intercourse with a mentally retarded female" or medical or therapeutic grounds. UNCT noted that the stipulated procedure was long and ended up endangering the life of the mother and unborn child and that, in the case of unlawful sexual intercourse, the procedure was unclear. 57. In 2011, UNCT stated that Swaziland had a particularly high HIV/AIDS prevalence rate. Overall, strides had been made in treatment and care, however prevention of new infections remained a challenge. UNCT also noted that at present there was no specific policy in place to address issues of stigma and discrimination. In 2006, CRC was deeply concerned at the devastating impact that situation had on children and inter alia recommended that Swaziland ensure the full and effective implementation of a comprehensive policy to prevent HIV/AIDS that included all preventive measures, and the complementarity of the different approaches for different age groups; and continue to strengthen its efforts to prevent mother-to-child transmission of HIV. 58. UNCT further noted that in addition to exerting pressure on the health system, HIV/AIDS had significantly increased the burden on Government social welfare services, as well as on traditional community support systems. Noting the creation of the Orphans and Vulnerable Children Fund and grants for the elderly, UNCT observed that mechanisms for registering those eligible for support had been daunting, and comprehensive access and monitoring had not been achieved. 60. CRC recommended that Swaziland take measures to prevent and reduce drug abuse among children and to support recovery programmes for child victims of drug abuse. 63. The 2010 UNICEF country programme indicated that free primary education now covered children in the first and second grades and would incorporate one additional grade each year. In 2011, UNCT stated that the greatest challenge in the coming years would be reaching the most marginalized, who remained outside of the system due to factors beyond school fees alone. 64. UNCT observed that challenges in the education sector included the lack of qualified teachers and inadequate school infrastructures and a weak policy and legislative framework. UNCT recommended Swaziland to support qualitative improvement in education, focusing attention on class size teacher/pupil ratios and educational material supplies, particularly in disadvantaged regions. CRC recommended that Swaziland take specific measures to reduce the high rates of repetition and dropouts; improve the quality of education through an increase of the number of well trained teachers, reform of the curriculum and better equipping of schools with materials; and undertake additional efforts to ensure access to formal and informal education to vulnerable groups. 65. In 2009, the Complementary Country Analysis stated that, while primary education rates had insignificant gender differentials, there was a low rate of progression from primary to secondary and low enrolment of women in tertiary institutions. 8. JS3 acknowledged the establishment of the National Children's Coordination Unit (NCCU) and the important role it had played in improving children's rights. It however noted that NCCU was underfunded and that its mandate was not clear, including in terms of data collection. 17. JS2 reported that, although the Constitution clearly outlawed the status of illegitimacy of children born out of wedlock, customarily this determination still existed. JS3 recommended that Swaziland take legislative and other measures to abolish the status of illegitimacy under custom and in practice. 21. Noting that the use of torture or inhuman or degrading treatment and punishment was prohibited under the Constitution, AI recommended that Swaziland enact legislation which specifically defined and criminalized torture. JS1 reported that there had been constant violations of these provisions mainly by the State police and community police, notably against member of progressive movements calling for political plurality and democracy. AI and JS4 furthermore referred to comments made by the Prime Minister on 8 September 2010 that torture could be considered as a form of punishment in certain circumstances. JS2 indicated that the police force also torture women and JS3 added that children also suffer as a result of State sponsored torture and provided examples of such cases. JSI stated that there had been no prosecution by the State of any of its agents accused of torture and CIVICUS indicated that victims of police violence had no recourse to an independent body which could look into allegations of torture. JS3 recommended that Swaziland take measures to investigate and prosecute members of the security forces who violate human rights. 25. JS3 indicated that sexual violation of children occurred on a daily basis. Apart from a child friendly section of the High Court, Swaziland did not have specialist courts or specially trained personnel to deal with such cases. 29. SCHRPA stated that corporal punishment was lawful and traditionally accepted and widely practiced in the family, schools and other settings. The Global Initiative to End All Corporal Punishment of Children (GIEACPC), JS1 and JS3 stated that the Constitution provided that a child should not be subjected to abuse or torture or other cruel, inhuman and degrading treatment or punishment subject to lawful and moderate chastisement for purposes of correction. JS1 added that schools were empowered by The Education Rules No. 49 of 1977 to administer corporal punishment on pupils. JS3 provided examples of ill-treatment of children in schools. GIEACPC added that corporal punishment was lawful as a sentence for crime and in alternative care settings and urged Swaziland to enact legislation to prohibit corporal punishment in all settings. 38. SCHRPA indicated that there was no definition of what "marriageable age" was, either in the Constitution or any subsequent legislation. JS2 and JS3 reported that in accordance to Swazi customary law majority for marital purposes was reached upon puberty, resulting in girls as young as 13 years to be married. JS2 recommended that Swaziland harmonise the age of majority in the different statutes and customs in order to curb early marriages. 39. JS2 noted that due to the high poverty rate, young women were forcefully married for the payment of the bride price (lobola). Moreover, unless lobola was paid, the woman could not claim to be legally married. 40. JS2 and JS3 reported that children could only acquire citizenship from their fathers, the only exceptions being cases where the mother was a Swazi citizen and the father a foreigner and the father had denounced the child. 41. JS3 indicated that Swaziland did not have specialised maintenance courts with well-trained officers to deal with cases where claims were made for the maintenance and welfare of children. 45. JS1 reported that Section 23 of the Constitution provided for the right to freedom of conscience or religion. JS3 indicated, however, that the State media houses only allowed Christian programmes to be aired on radio and television and that religious studies in schools were also limited to Christian theology and only Christian clubs were allowed in schools. 58. JS3 stated that the representatives of the youth parliament, initiated in 2010, were not elected but rather handpicked from schools and was not representative of all the sectors of the youth. JS3 recommended that Swaziland ensure that the youth parliament was participatory and involved both in and out of school youth. 62. SCHRPA reported that Swaziland developed the National Social Development Policy aimed at improving the quality of life and human wellbeing of all Swazis through the provision of appropriate and sustainable social services, with special focus on older persons and children. 63. JS4 reported that, in recent years, and especially in 2010, several big industries closed down. Coupled with the high HIV/AIDS prevalence rate, unemployment and poverty, the overall effect of this is to deny Swazis enjoyment of their socio-economic rights. JS3 also reported that the same factors had created what have come to be known as Orphaned and Vulnerable Children (OVC). In most instances, OVC were forced to drop out of school and find employment to sustain themselves and their siblings. Their vulnerability exposed them to exploitation of all kinds, including sexual exploitation. 66. JS3 reported that the Deputy Prime Minister's Office had over the years intervened in cases where parents refused to take their children to hospital citing religious beliefs. 67. JS2 stated that sexual, health and reproductive rights of women were not respected, neither were they protected nor promoted. JS2 stated that the Constitution did not permit the termination of pregnancy except in defined circumstances and that consequently the mortality rate of both women and children was escalating. 70. JS3 stated that Swaziland did not show commitment in implementing the constitutional provision according to which every Swazi child should have access to free primary education. After civil society engaged in litigation, Swaziland promised to provide mobile classrooms, but these had not been delivered in a systematic manner. ACTSA recommended that Swaziland honour its constitutional commitment to universal access to free primary schooling. 71. JS3 noted that Orphaned and Vulnerable Children did not always benefit from a school fund run by the government due to misadministration of that fund. 72. JS3 stated that education beyond primary level was not easily accessible. JS4 reported that Swaziland intended implementing a new scholarship policy, which contains clauses that are likely to negatively impact upon the ability of students to access tertiary education. Accepted and Rejected Recommendations The following recommendations were accepted: A - 76.1. Ratify, in the context of its continued effort to improve the situation of children, the Optional Protocols to the relevant Convention and 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (Turkey); A - 76.5. Sign and ratify the Optional Protocols to the CRC on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflicts, and ratify the United Nations Convention on the Rights of Persons with Disabilities (Portugal); A - 76.6. Adopt legislation that protects children in accordance with the concluding observations and recommendation by the United Nations Committee on the Rights of the Child in 2006 (Hungary); A - 76.8. Speed up the adoption of the Child Welfare and Protection Bill, in order to achieve compatibility of domestic legislation, policy and practice with international standards, for the benefit of children (Romania); A - 76.17. Develop and implement a national strategy to eliminate stigma and discrimination against people living with HIV/AIDS, and ensure orphaned and vulnerable children have access to health and education services and are protected from violence and abuse (Canada); A - 76.22. Further action to remove societal discrimination against children with disabilities, street children and children living in rural areas (Ghana); A - 76.26. Implement all necessary measures aimed to abolish discrimination against children belonging to most vulnerable groups, through a greater and more focused provision of social services, carrying out awareness-raising programmes on their particular needs and a greater access to education (Uruguay); A - 76.31. Consider adopting a comprehensive policy for prevention and combat of child abuse and neglect in the family (Brazil); A - 76.32. Carry out educational and awareness raising campaigns to ensure the use of alternative disciplinary measures to corporal punishments in accordance with the human dignity of the child (Uruguay); A - 76.38. Ensure the functioning juvenile justice system throughout the country and raise the age of criminal responsibility that comply with the acceptable international standards (Slovenia); A - 76.49. Consider investing more in health so as to reduce the high mortality rate of children, high maternal mortality, tuberculosis and other communicable and non-communicable diseases (Zimbabwe); A - 76.53. Improve healthcare for infants and children and for people living with HIV/AIDS (Australia) ; A - 76.65. Pursue the implementation of the right to education for all with a particular attention given to the realization of this right for girls (Algeria); A - 76.66. Intensify effort to raise the level of attendance of girls in school through the modification of traditional customs and beliefs that hinder girls from attending school (Indonesia); A - 76.67. Continue seeking solutions to enable children whose prison sentence is coming to an end in the middle of the school year, to continue school (Burkina Faso); The following recommendations were rejected: No relevant rejected recommendations. The following recommendations were left pending: P - 77.31. Prohibit corporal punishment in all settings (Slovenia); P - 77.38. Expressly prohibit by law corporal punishments in all areas (Uruguay);
4th October, 3pm to 6pm
UN Compilation
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Accepted and Rejected Recommendations