Holding
From the above reasoning, the African Commission is of the view that the Kingdom of Swaziland by its Proclamation of 1973 and the subsequent Decree No. 3 of 2001 violated Articles 1, 7, 10, 11, 13 and 26 of the African Charter. The [African] Commission hereby recommends as follows:
• that the Proclamation and the Decree be brought in conformity with the provisions of the African Charter;
• that the State engages with other stakeholders, including members of civil society in the conception and drafting of the New Constitution; and
• that the Kingdom of Swaziland should inform the African Commission in writing within six months on the measures it has taken to implement the above recommendations.
Adopted by the African Commission at its 37th Ordinary Session held in Banjul, The Gambia, from 27th April to 11th May 2005.
