InEswatini,abortion is a criminal offence. The 2005Constitution of Eswatini allows exceptions if approved by a doctor. Providing or receiving an illegal abortion is punishable bylife imprisonment.
Advocates of legal abortion believe that illegality contributes to the maternal mortality rate. In 2012, theParliament of Eswatini debated the abortion law. Some members of the parliament supported legal abortion as a form ofpopulation control, while others opposed it as a form of killing.
Illegal abortions are common in the country. Use ofbirth control is low. Unsafe abortions are a leading cause of death of women. Some women travel toSouth Africa for legal abortions.Post-abortion care is available but inadequate.
Receiving, performing, or aiding in an abortion is a crime punishable bylife imprisonment.[1] Section 15(5) of theConstitution of Eswatini says abortion is only legal if a physician certifies that the pregnancy would threaten the life or health of the woman or child, or if the pregnancy was the result of rape or incest.[2]
Before the constitution was amended, the country was subject toDutch-Roman common law, which allowed abortion only to save the woman's life. The constitutional abortion law was implemented in 2005 with the goal of protecting women's rights.[3][4] The Constitution provides for abortion "on such other ground as Parliament may prescribe", but legislation has not been passed.[5] Eswatini is one of threecountries with a constitutional provision banning abortion, as of 2017.[6]
The Family Life Association of Swaziland advocates for the legalisation of abortion. It has cited the lowermaternal mortality rate in South Africa,where abortion is legal.[1] Activists have mobilised against internationalanti-abortion groups in Eswatini and other countries in the region.[7]
In 2020, aHigh Court judge,Qinisile Mabuza, voiced her support for legalising abortion. After hearing a case ofinfanticide, she said that a ban on abortion led to such measures and decreased women's autonomy.[8]
A 1998 survey found that 86% ofSwazis view abortion as murder.[9]
In 2011, Swaziland was one of several countries to object when theUnited Nations special rapporteur on the Right to Health,Anand Grover, called for every country to decriminalise abortion.[10] Eswatini is a signatory of the 2020Geneva Consensus Declaration, which says abortion is not an international right.[11]
In October 2012, theParliament of Eswatini debated legalising abortion. It was proposed by MPJohannes Ndlangamandla, who said that "abortion should be legalised to curb the population of unwanted babies who end up becoming a burden to government", and disagreed with the argument thatit would be against Christianity. Other MPs said abortion was "equivalent to murder". The parliament considered abortion good forpopulation control. TheTimes of Swaziland disagreed, saying thatcondom use would better control the population.[1]
In 2015–2019, Eswatini had an annual average of 46,600 pregnancies, of which 33,500 wereunintended and 8,800 resulted in abortion. The abortion rate increased 58% between 1990–1994 and 2015–2019.[12] As of 2007, the estimated abortion rate is 18.9 per 1,000 women.[13]
Abortions are believed[by whom?] to mostly be unsafe due to being illegal.[13] As of 2012, the ministry of health estimates that 19% of deaths of women were caused by abortions.[1]
Though abortion is legal in the case of rape, it is difficult to access.[4] Eswatini's health budget is below the global average and has nosexual and reproductive health budget. The country relies on funding from donors.[14] Many Swazi women seeking abortion go to neighbouring South Africa, where it is legal. Many cannot afford the cost of travel and of care from private facilities there.[1]
Unplanned pregnancies lead women to seek abortions. Children from unplanned pregnancies may be abandoned.[15] A high unmet need forcontraception contributes to the abortion rate. Women with more education have lower abortion rates and higher rates of contraceptive use.[13] There is a high rate of unsafe abortions among adolescents.[16]Sex workers have high rates of unwanted pregnancy, and 11.7% have had abortions, as of 2011.[17]
Post-abortion care (PAC) in the country has poor-quality operation procedures.[14] In October 2012, a clinic inManzini treated over 1,000 women for abortion complications.[1]
Social attitudes oppose abortion. A 2005 survey of healthcare workers found that most did not wish for abortion training, though most wanted to be trained in PAC. Many said they would be willing to refer patients to providers.[16] Most women in the country believe abortion causescervical cancer.[18]
Women who cannot access abortion may commitinfanticide. Cases of baby corpses abandoned in remote areas are commonly reported.[1]
In 2011, three nurses were sentenced to fifteen years in prison for assisting in abortions.[1]
During the presidency ofDonald Trump, the United States instated theMexico City policy, which banned federal funding for foreign organisations that perform or advocate for abortion. In Eswatini, programs for outreach andmanagement of HIV/AIDS.[19] The Family Life Association of Eswatini lost its funding from the U.S. government initiativePEPFAR and ended itsmedical circumcision services.[20]
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