E/CN.4/1995/78
page 25
Commissioner/Regional Administrator. Such a complaint has to be in writing
and should be made within seven days of the alleged discriminatory act. The
District Commissioner/Regional Administrator shall call all parties to a
meeting in an effort to promote reconciliation. If reconciliation fails, the
District Commissioner/Regional Administrator will issue a certificate stating
the details of the complaints and that reconciliation has failed. The
complainant can then take the certificate to a magistrate court for
deliberation. The District Commissioner/Regional Administrator has to submit
to the court a full record of the reconciliation proceedings. The court will
then consider the record and hear further evidence and make an order as per
evidence adduced.
113. An Employment Act was enacted in 1980 to eradicate discrimination in the
workplace. This act clearly states, at section 29:
"No employer shall, in any contract of employment between himself and an
employee discriminate against any person or between employees on grounds
of race, colour, religion, marital status, sex, national origin, tribal
or clan extraction, political affiliation or social status."
114. The Swaziland Citizenship Act, 1992 was enacted to take care of
non-ethnic Swazis. The 1982 Act reads as follows:
"Natural born citizens
4.
(1) A person born, whether before or after the commencement of
this Act and whether in or outside Swaziland is a citizen of Swaziland
if, according to customary law, he is by birth a member of a Swazi
community subsisting within the Kingdom of Swaziland."
115.
In the new Act, it is stated that:
"Natural born citizens
4.
(i) A person born, whether before or after the commencement of
this Act whether in or outside of Swaziland, is a citizen of Swaziland
if, by birth he is a descendant of an ancestor who is a citizen of
Swaziland."
This has put all Swazis on an equal footing.
IV.
A.
ACTIVITIES CONDUCTED BY EUROPEAN BODIES
Activities of the European Commission against Racism and Intolerance
116. The Council of Europe has also informed the Special Rapporteur of its
activities designed to check the rise of racism and xenophobia in Europe. In
June 1994, further to the Vienna Summit of October 1993, the Council of Europe
set up a Commission against Racism and Intolerance (see the Vienna Declaration
of 9 October 1993, annex III). The Commission’s mandate is as follows: