LocationsAdvancing Women’s Rights and Equal Access to Justice
March 10, 2026
Through accessible courts, functional legal aid, and accountable oversight bodies, Eswatini laying the foundation for a society where equality before the law is not aspirational but guaranteed.
As we mark International Women’s Day (IWD) in 2026, we are confronted with a sobering truth. According to UN Women, no nation in the world has fully closed the legal gaps between men and women. Globally, women hold just 64 per cent of the legal rights afforded to men. Across work, finance, safety, family relations, property ownership, mobility, entrepreneurship, and retirement security, the law continues to systemically disadvantage women.
At the current pace of reform, it will take an estimated 286 years to close these legal protection gaps. This is not merely a statistic; it reflects lived realities. From discriminatory statutes to harmful social norms and institutional bias, women and girls continue to face entrenched barriers to equal justice – often compounded by poverty and marginalisation. Therefore, the 2026 IWD theme, Rights. Justice. Action. For ALL Women and Girls, aim to shine the spotlight on this challenge.
Progress Amid Persistent Challenges
The situation in Eswatini mirrors global trends where, according to UN Secretary General, António Guterres, even where legal protections for women do exist, discrimination and weak enforcement mean they still struggle to access courts and legal support. While important progress has been achieved, structural barriers remain. Women – particularly those in rural areas and the informal economy – face disproportionate vulnerability. Yet, through targeted reforms and sustained partnerships, Eswatini is steadily expanding access to justice for the most vulnerable.
In Eswatini, women often face greater challenges in accessing land independently under customary systems. Most land is Swazi Nation Land (SNL), which is held in trust by the king for emaSwati and administered by traditional chiefs. Access is typically obtained through kukhonta, a chiefly allocation process historically linked to male household heads. As a result, many women gain land-use rights through a husband, male relative, or son.
Although the Constitution of the Kingdom of Eswatini (2005) guarantees equal access to land, this principle is not always consistently applied in the administration of SNL. In addition, because SNL is communal land held in trust rather than privately owned, it cannot generally be used as collateral. Consequently, even when individuals have access to substantial land for use, they are often unable to leverage it to secure credit for commercially viable investments or other economic activities.
At UNDP, our 2026–2030 Country Programme continues to position access to justice as a cornerstone of inclusive development. Three institutions are transforming the justice landscape for women: the Small Claims Courts, the Legal Aid Office, and the Commission on Human Rights and Public Administration/Integrity.
Through accessible courts, functional legal aid, and accountable oversight bodies, Eswatini laying the foundation for a society where equality before the law is not aspirational but guaranteed.
Small Claims Courts: Justice Without Complexity
Established by the Judiciary under the Small Claims Court Act of 2011 and operationalised nationally in August 2021, Eswatini’s Small Claims Courts were designed to adjudicate minor civil disputes through simple, affordable, and informal procedures. They represent a deliberate shift away from complex and costly litigation processes that often exclude the poor.
To date, these courts have resolved nearly 10,000 cases, with women and youth accounting for approximately 60 percent of users. This is significant. According to the 2023 Eswatini Blended Micro, Small and Medium Enterprises Finscope Survey, women account for 60% of small businesses engaged in small-scale trade, services, and micro-enterprises – and are therefore particularly exposed to contractual disputes, unpaid debts, and service breaches. Claims commonly involve leases, small loans, agency agreements, sales disputes, and damages with monetary claims.
For many of these women, the Small Claims Courts represent their first interaction with formal justice institutions. Dispersed across five locations in all four regions, the courts are designed with accessibility in mind: particularly for the population living in rural areas and the 70 per cent living below the poverty line. Here, justice is not a privilege for the few, but a lived reality for the many.
Legal Aid: Bridging the Representation Gap
Access to justice requires more than courts – it requires representation and legal literacy. Eswatini’s Legal Aid Office, established in partnership with the Ministry of Justice and Constitutional Affairs, opened to the public on 30 August 2023 following Cabinet’s adoption of the National Legal Aid Policy in 2022, with technical support from UNDP.
Since its establishment, the office – currently based in Eswatini’s capital, Mbabane, with plans for decentralisation – has assisted over 1,000 walk-in clients (62% women and 48% men) while conducting nationwide outreach and awareness initiatives. Services presently focus on legal information, advice, referrals, and mediation, with court representation to follow under the newly enacted Legal Aid Act 2025 and aligned amendments to the Legal Practitioners Act.
This incremental but deliberate approach formalises state-funded representation and establishes clear eligibility and accountability mechanisms. For indigent women facing family disputes, property claims, or labour grievances, legal aid will be transformative ensuring that justice is not determined by one’s ability to pay.
Human Rights Commission: Safeguarding Accountability
The Commission on Human Rights and Public Administration/Integrity (CHRPA), established under the Constitution of the Kingdom of Eswatini (2005), plays a key oversight role in protecting human rights and addressing maladministration and abuse of power. Its investigations have led to reforms across justice institutions, while ongoing legislative alignment – supported by UNDP and partners – aims to strengthen its independence and compliance with international standards.
The Commission also provides an important avenue for redress, particularly for vulnerable groups such as women, widows, orphaned and vulnerable children, and persons with disabilities. Through engagement with traditional leaders and human rights investigations, it promotes rights-based community dispute resolution and ensures diverse groups can seek accountability within the justice system.
Accelerating Equality, Not Waiting 286 Years
Although Eswatini has made some progress in ensuring women get access to justice, there is still some more work to be done in the alignment of legislation to ensure that women fully enjoy their rights enshrined in the national constitution. Passing the Family Bills into law would be one way of accelerating progress.
International Women’s Day calls us to urgency. We cannot accept a future where gender equality under the law is centuries away. Eswatini’s reforms demonstrate that progress is possible when institutions are strengthened, policies are aligned, and partnerships are sustained.
Justice systems must work for women – not in theory, but in practice. Through accessible courts, functional legal aid, and accountable oversight bodies, Eswatini laying the foundation for a society where equality before the law is not aspirational but guaranteed.