Kenya’s Mwai Kibaki last week signed into law a new constitution, which enshrines “Africa’s most progressive Bill of Rights” (HERE). A quick run-down shows how it compares with the Swazi Bills of Rights:
| SWAZILAND | KENYA |
| Protection of right to life | 4:26 - Right to life |
| Protection of right to personal liberty | 4:51 - Rights of persons detained, held in custody or imprisoned |
| Protection from slavery and forced labour | 4:30 - Slavery, servitude and forced labour |
| Protection from inhuman or degrading treatment | |
| Protection from deprivation of property | 4:40 - Protection of right to property |
| Equality before the law | 4:27 - Equality and freedom from discrimination |
| Right to fair hearing | 4:50 - Fair hearing |
| Protection against arbitrary search or entry | |
| Protection of freedom of conscience or religion | 4:32 - Freedom of conscience, religion, belief and opinion |
| Protection of freedom of expression | 4:33 - Freedom of expression |
| Protection of freedom of assembly and association | 4:36 - Freedom of association 4:37 - Assembly, demonstration, picketing and petition |
| Protection of freedom of movement | 4:39 - Freedom of movement and residence |
| Rights and protection of the family | 4:45 - Family |
| Rights and freedoms of women | |
| Rights of the child | |
| Rights of persons with disabilities | 4:54 - Persons with disabilities |
| Abolition of the status of illegitimacy | |
| Rights of workers | 4:41 - Labour relations |
| Right to administrative justice | 4:47 - Fair administrative action |
| Property rights of spouses | |
| | 4:28 - Human dignity |
| | 4:29 - Freedom and security of the person |
| | 4:31 - Privacy |
| | |
| | 4:35 - Access to information |
| | 4:38 - Political rights |
| | 4:42 - Environment |
| | 4:43 - Economic and social rights |
| | |
| | 4:46 - Consumer rights |
| | 4:48 - Access to justice |
| | 4:49 - Rights of arrested persons |
| | 4:55 - Youth |
| | |
| | 4:57 - Older members of society |
Obviously, this is very superficial. But a quick review of the provisions reveals that this table is probably painting an overly rosy picture of Swaziland – the Swazi Bill of Rights is riddled with claw-back clauses. Take this doozy from s 17 protection from slavery and forced labour:
“17(3) ...[T]his section...does not include any labour –
(e) reasonably required as part of reasonable and normal parental, cultural, communal or other civic obligations...”
Arguably, this section leaves a law like the Swazi Administration Order (HERE) constitutional.
But weren’t we talking about Kenya? We’re all hoping things will work out well under this new Constitution. Best of luck, Kenya!
