Mbabane – The Eswatini Sexual & Gender Minorities (ESGM) has raised concerns over whether the country’s Constitution adequately protects all citizens, including members of the LGBTQ+ community.
During a recent dialogue, participants pointed to Section 20 of the Constitution, which guarantees equality, but noted that its wording fails to explicitly protect people based on gender identity or sexual orientation. The use of the term “gender” instead of “sex” when the Constitution was drafted has created uncertainty about protections for LGBTQ+ persons.
Speakers argued that while the Bill of Rights and the Human Rights Commission extend to all citizens, practical gaps remain in operationalising rights for those not specifically named in the document. Concerns were also raised about Section 20(3), which appears to limit the scope of the Bill of Rights.
The debate examined the possibility of amending the Constitution to close these gaps. While some insisted that constitutional reviews occur only when a legal issue is identified, others maintained that the time for change is now. Participants noted that the lack of LGBTQ+ representation in Parliament, coupled with social and cultural biases, makes it difficult for these issues to be raised at national level.
The 2018 pride march by ESGM was cited as proof that existing rights already provide space for freedom of expression. However, attendees stressed that long-term progress would require sensitising communities, particularly pastors and traditional leaders who are regarded as custodians of the Constitution.
As constitutional reform is often a lengthy process, suggestions were made to pursue immediate avenues through the courts, leveraging existing rights, and engaging with current legislative reforms, including the debate on the Sodomy Act before Parliament.
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