Swaziland is in theory an absolute monarchy in which all power is vested in the King, who rules according to unwritten law and custom. In practice power is delegated through the Cabinet and traditional government structures. The 65-seat House of Assembly has 55 elected members and 10 who are appointed by the King. The 30-seat Senate has 10 senators appointed by the Assembly and 20 appointed by the King. The Prime Minister as head of government nominates the Cabinet, which is approved by the King.

Elections in 2003 were not deemed to be free and fair. Political parties are banned. In 2005, the King signed the Constitution Bill, which came into effect in 2006, giving the country its first constitution in 32 years. The King retains ultimate executive and legislative authority. Hereditary chiefs are responsible for the day-to-day running of chiefdoms and report directly to the King.

Women have the legal right to participate in the political process; there are 5 women in the House of Assembly, 10 women in the Senate, and 3 women in the Cabinet. There are 5 members of minorities in the Senate but none in the Assembly or Cabinet. The judiciary is independent in law but the King retains certain judicial powers.

Discrimination on the basis of race, sex, disability, language or social status is prohibited but continues to be reported.

Security forces are accused of using torture during interrogation.

Public perception of corruption in government is reported to be widespread. An anti-corruption bill has been drafted but has not been enacted.

Freedom of speech and of the press are not guaranteed and are limited in practice. Police are reported to monitor meetings. Criticism of the royal family is not tolerated, and journalists practise self-censorship. The King threatened some journalists he would shut down their newspaper if negative coverage of his immediate family did not stop. The Media Institute of Southern Africa notes that the economic costs of civil defamation cases cripple the media, because high financial penalties have been awarded. Access to the Internet is not restricted. Access to government documents is not provided for in law, a barrier that even applied to the draft constitution while it was being debated.

Reports cite trafficking of underage girls to work as prostitutes in Swaziland or in South Africa.

Social discrimination against homosexuals results in concealment of sexual orientation. The social stigma surrounding HIV-positive status results in people's reluctance to be tested. However, education programmes are being used to erode cultural prejudice. Education International and the Swaziland National Association of Teachers (SNAT) have conducted training programmes for teachers on HIV/AIDS prevention. Materials have been developed locally for use in schools. The prevalence rate of HIV/AIDS is reported at 42.6 per cent.

Education is neither free not compulsory. The government pays teachers' salaries; student fees pay for books and materials and contributions to the building fund, which is used for school upkeep. Swaziland has a policy to deal with its rapidly expanding population of orphans and vulnerable children. Tuition and school fees for this group of children were to be paid by the government, but schools complain of delayed payment. Funds also have to be raised for school maintenance and for upkeep of teachers' housing.

The majority of students complete the last year of primary school, and many continue to complete Grade 10. Families that cannot afford to send all children to school send their sons.

Corporal punishment of children is permitted in schools, and children convicted of crimes are often caned as punishment. Teachers are permitted to use up to 4 strokes of a cane for disciplinary action. Some teachers are reported to use a whip or a long stick. Growing numbers of street children are reported, and an increasing number of HIV/AIDS orphans are cared for by grandparents or neighbours. More than 10% of households are headed by children.

Police intercepted a student protest of 1,000 first-year university students demanding government scholarships and used tear gas and water cannon to disperse the demonstrators.

A 3-year programme begins at age 3.

Education is not compulsory. Primary school begins at age 6 and continues for 7 years. The Net Enrolment Rate (NER) is 77% (48% female). Of students who enrol in Grade 1, 61% continue to the last grade of primary school. 16% of students repeat grades. 6,680 teachers (75% female) work at this level, and 91% are trained. The pupil/teacher ratio (PTR) is 31 : 1.

Secondary education begins at age 13 and is completed in 5 years. 2% of students in lower secondary education study in technical vocational programmes. The NER is 29%. 12% of students repeat grades. There are 3,684 secondary teachers, 2,359 (47% female) in lower secondary schools and 1,325 (45% female) in upper secondary schools. At this level 92% of teachers are trained. The PTR is 19 : 1 in lower secondary and 13 : 1 in upper secondary education.

6,595 students (52% female) study in tertiary institutions, for a Gross Enrolment Rate of 5%. 2,106 Swazi students study abroad, mainly in South Africa (1,882), USA (86), United Kingdom (67), Lesotho (17) and Australia (13).

Discrimination against persons with disabilities in education or in the provision of other state services is not prohibited. The Foundation of Disabled Persons in Swaziland reports that there are no schools for approximately 900 visually impaired and deaf children of school age: "There is only one school for the deaf, and only one school for the visually impaired, so most disabled children need to be integrated into the public school system.

But this is not happening and you find them at home, doing nothing these children must learn to earn a living, and start their own businesses." The Foundation claims that nothing has been done to address the needs of orphans with disabilities. Over 30,000 Swazi are physically disabled. Since the establishment of the National Centre for the Blind 35 years ago, only 100 blind Swazi children have pursued secondary education. The Swaziland Action Group against Abuse notes that disabled children are more vulnerable to abuse.

The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol, and the government has established a system for providing protection to refugees. The government cooperates with the UNHCR in assisting refugees and asylum-seekers. An estimated 1,000 refugees are in the country from central Africa and Angola. The government does not accept refugees for resettlement.

Accusations are made of governmental and social discrimination against non-ethnic Swazi who make up 2% of the population. The International Criminal Court has a case referred to it concerning the use of force by security forces against persons protesting the new constitution, the intervention of the USA and the killing of Belgian NGO representatives. The new constitution was strongly criticised by human rights organisations, claiming that it codifies discrimination against the Zulu minority and other ethnic and religious minorities in the country. Violations of human rights of minorities are reported.

Academic freedom is limited; academic meetings, writings and discussion on political topics are curtailed, and academics are reported to practise self-censorship. The Court of Appeal ruled that the University of Swaziland's failure to accommodate a student's religious obligation was an infringement of his freedom of religion. The law student failed his course because he chose to attend a church service instead of taking his final exam on a Saturday.

Legally, equal pay for work of equal value is guaranteed, but the average wage rates for men exceed those of women. The dual nature of the legal system complicates women's rights. Unwritten law and custom in traditional marriage mean women's rights depend on who interprets the traditions. Couples marry in both civil and traditional ceremonies, further complicating the rules applied to marriage, child custody and inheritance.

Wives are treated as minors in both civil and traditional marriages, but women married under civil law can get legal adult status if a prenuptial agreement provides for it. Women need their husband's permission in financial matters, to leave the country or to gain access to land. In traditional marriages a man may take more than 1 wife, while in civil law only 1 wife is allowed. Children of traditional marriages belong to the father if the couple divorce, and inheritance is passed through male children. A widow must remain in mourning for anywhere from 1 month to 3 years, when she cannot leave the house and the husband's family can take control of property.

Domestic violence is common. Traditional courts are unsympathetic to women in cases of abuse. The legal age of marriage is 21 for both men and women. Girls age 16 and boys age 18 can marry with parental permission. Some protection from sexual harassment is provided in law, but the provisions are vague.

The law prohibits child labour but does not establish a minimum age of employment. The Employment Act distinguishes between a child (under age 15) and a young man (ages 15 to 18). Children under 15 may be employed with family members or in technical schools where they work under supervision. Since education is not compulsory, children begin work at a young age. The number of night hours that children may work on schooldays is limited, as is the time that may be worked weekly (33 hours a week). Swaziland Children below the minimum age for employment are employed in the agricultural sector, as domestic workers and as herders. Children are also victims of prostitution and trafficking.

Workers have the right to form and join associations and trade unions, except police and essential service workers. About 80% of the formal private sector is unionised, but this is not the case in the informal sector. Workers in both sectors are dismissed for union activity. Undefined hours of work and pay and assaults on workers are cited as concerns. Accusations are made that workers' councils are run by employer representatives.

Collective bargaining is permitted, and collective agreements have been negotiated. Strikes are not provided for in the Industrial Relations Act, but workers who are not in essential services have taken strike action. The ILO cited the government for the excessive length of procedures before a union can strike.

Forced or compulsory labour is prohibited, but the Swaziland Federation of Trade Unions reports the equivalent of forced labour in the tradition in which residents perform tasks for chiefs without compensation and are penalised if they refuse. Wage levels for each industry are established with a sliding scale of minimum wages depending on the work performed. The minimum wages do not provide a decent standard of living for a worker and family. Wage arrears are a problem. The maximum work week is set at 48 hours.