Global

Malawi: Constitution - 1994
RIGHT TO INFORMATION The Constitution provides for the right to access information (Art. 37). CITIZEN ENGAGEMENT According to the Constitution, any person who claims that a fundamental right or freedom guaranteed by the Constitution has been infringed or threatened is entitled to make application to a competent court to enforce or protect such a right or freedom and to make application to the Ombudsman or the Human Rights Commission in order to secure such assistance or advice as s/he requires (Art 46.2 a & b). The Ombudsman has full powers to require the immediate disclosure of information and the production of documents of any kind, from any public body (Art. 124). The Electoral Commission determines electoral petitions and complaints related to the conduct of any elections (Art. 76.2.c). Any person who has petitioned or complained to the Electoral Commission has the right to appeal to the High Court (Art. 76.3). Every person has the right to use the language and to participate in the cultural life of his or her choice (Art 26). OTHER FACTORS OF CITIZEN ENGAGEMENT The Constitution provides for the right to form and join trade unions (Art.31.2), freedom of association (Art. 32), freedom of conscience, religion, belief and thought, and academic freedom (Art. 33), freedom of opinion (Art. 34), freedom of expression (Art. 35), the right to assembly (Art. 38), the right to form, join, participate in political activities to influence the composition and policies of the Government and to campaign (Art. 40). The state shall promote measures to guarantee accountability, transparency, personal integrity and financial probity (Art. 13). Citizens are entitled to the assistance of the courts, the Ombudsman, the Human Rights Commission and other organs of Government to ensure the promotion, protection and redress of grievance in respect of those rights (Art. 15). All people have the right to vote in elections and referendums (Art. 77). Local government authorities are responsible for the representation of the people over whom they have jurisdiction (Art. 146).
18 May 2012

Swaziland: Constitution - 1968
RIGHT TO INFORMATION The Constitution provides for the right to access information (Art. 24.b). CITIZEN ENGAGEMENT According to the Constitution, Swaziland is a democratic country dedicated to principles which empower and encourage the active participation of all citizens at all levels in their own governance (Art 58.1). OTHER FACTORS OF CITIZEN ENGAGEMENT The Constitution provides for the freedom of expression (Art.24), freedom of assembly and association (Art. 25), right to form and join trade unions (Art. 32). Women have the right to equal treatment with men, including equal opportunities in economic, political and social activities (Art. 28.1) and the right to vote (Art. 85). The Constitution also provides for the right to education (Art. 29.6), rights of the child (Art.29) and rights of persons with disabilities (Art.30). Women and marginalized groups have the right to equitable representation in Parliament and other public structures (Art. 84.2). A Commission on Human Rights and Public Administration investigates complaints on alleged violations of fundamental rights and freedoms (Art. 164.1.a). The primary objective of local government is to bring government closer to the people so that people at sub-national and local community levels progressively take control of their own affairs and govern themselves (Art. 218.2).
18 May 2012