Global Policy Forum

By James Hall

Swazi women are engaged in a quiet cultural revolution with self-empowerment as their goal, but in the face of traditional laws that have long denied them equal rights. The battle directly affects women's ability to cope in the current AIDS crisis.

"We have worked long and hard for equality, and we've succeeded in having this written into the draft constitution. But it may prove a false victory," said Andrea Mavuso, a head teacher in the central Manzini district.

Discrimination against women is prohibited in a new draft constitution written by King Mswati's brother, Prince David Dlamini. Although the king is expected to approve the constitution by November, he also says that none of its provisions will be allowed to stand if they are in conflict with Swazi Law and Custom. "The authorities are giving with one hand, but they are still withholding with the other," said Mavuso. "We have no guarantees, because by custom women are subservient to men."

Currently, women are not permitted to own property, enter into contracts, or take out bank loans. Male relatives have to do this. The effect of this on family security has been detrimental as AIDS decimates the adult male population. A total of 38,6% of the adult population is affected with HIV. Deaths from AIDS of male workers and managers is of growing concern to businesses, and to families who depend on them.

"Women need financial security for themselves and their children. This is often impossible if they cannot own property, or secure bank loans," said Doo Aphane, formerly of the Swaziland branch of Women in Law in Southern Africa. The legal group successfully managed to put into place in the draft constitution a section that makes it illegal to refuse to do business with women.

However, male traditionalists have indicated they intend to challenge any constitutional clause they feel threatens their customary position as head of a Swazi household. They expect to win their test cases, on the basis of the assertion by the nation's authorities that when it comes to statutory law versus customary law, the latter will always win.

A good example of this head to head combat between two conflicting legal systems is the current ban on widows participating in parliamentary elections. Chief Electoral Officer Robert Thwala informed the nation that women who have recently lost their husbands cannot be nominated or elected as MPs. The draft constitution prohibits that kind of discrimination, but customary law is emphatic. Widows are considered unclean until they complete a two-year mourning period, and undergo cleansing rituals.

Black mourning outfits are compulsory to alert the public of a woman's bereaved status, so certain traditional authorities can avoid her. (Widows are also thought to pollute cattle, according to the Times of Swaziland, and they are not allowed to cross the path of a cow they meet on a road.) One such authority is the king. Widows are not permitted to enter royal residents, or in areas where royalty visits. These areas include the Houses of Parliament and the homestead of any chief, who are the king's representatives at the local level. Because voting takes place in chiefs' homesteads, which are used as community meeting places, widows are not permitted to cast ballots. "You can say that when I heard that widows are not permitted to run for parliament, I was ashamed to be a Swazi," said attorney Fikile Mthembu. Mthembu is herself a recent widow, and like many other productive or professional Swazis women, she abbreviated her two-year mourning period in order to return to work and sustain her family.

"AIDS is killing men left and right. The country needs all the able-bodied people they can get. This is true in Parliament also. You can' t closet a capable woman away for two years of mourning when she is needed to represent her community, when she has ideas to help the nation, and when the people want her," Mthembu said.

How widows will overcome the customary prohibition that disallows them from representing their areas in parliament is an unanswered question. Most likely, an aspiring candidate who is a widow will have to challenge the Chief Electoral Officer's ban in court, said legal experts.

Meanwhile, the stealth revolution of women empowerment continues, as evidenced by a report from the Ministry of Enterprise and Employment that surprised many Swazis. Despite their status as legal minors, and thus cannot to own property or secure bank loans in their own names, women now own 71 percent of small businesses. "These are mostly but not entirely hair-styling salons, dress shops, fruit and vegetable cooperatives, and other businesses usually associated with women," said Margaret Mngomezulu, who runs a small bakery in Mbabane.

Women have shown their business acumen without formal training in most cases, the government report stated. "Women have always had to work in Swaziland. AIDS has made this more important. What is a housewife to do when her husband, the breadwinner dies? Women today know they must have income on the side," said Mngomezulu.

With business knowledge and skills, Swazi women have the necessities to advance into larger business ventures, and be noticed for positions in the country's top industries when replacements are needed for an AIDS-ravished workforce.

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