JURISTS JOIN ATTACK ON SWAZI STATE

Swaziland is under attack again from the international community for ignoring the constitution and violating freedoms.

This time it is the International Commission of Jurists (ICJ) which criticises the Swaziland Supreme Court for last month (May 2009) siding with the Swaziland state and confirming a constitutional right to ban political parties in the kingdom, which is ruled by King Mswati III, sub-Saharan Africa’s last absolute monarch.

The ICJ was commenting on the case involving the National Constitutional Assembly which went to court to prove that the constitution actually allows parties, rather than bans them.

The Swaziland Supreme Court ruled that excluding political parties from the electoral process did not constitute a violation of freedom of association as guaranteed by article 25 of the Swaziland constitution.

The ICJ said the Swaziland Supreme Court failed to uphold fundamental rights which are constitutionally guaranteed.

ICJ in a statement issued this week said the Swaziland Supreme Court’s ‘restrictive approach seriously violates the freedom of association and restrains the scope of freedom of expression and the right to participate in public affairs.

‘As an essential component of the right protected under article 25 of the Swaziland Bill of Rights, the freedom to form and join political parties is protected by article 10 of the African Charter on Human and Peoples' Rights and article 22 of the International Covenant on Civil and Political Rights, to which Swaziland is a State Party.’

In that respect, ‘Swaziland courts have an obligation to give full effect to the rights and freedoms guaranteed in those instruments.’

The ICJ is not the only internationally-respected organisation to call for political parties to be made legal. Last November, following Swaziland’s elections, the Commonwealth Expert Team (CET) reported that the Swazi Government was party to a number of international agreements on human rights ‘It is widely accepted internationally that democracy includes the right of individuals to associate with and support the political party of their choice,’ the CET stated.

The CET called for Swaziland’s constitution to be rewritten to ‘ensure that Swaziland’s commitment to political pluralism is unequivocal’.

Also at the time of the elections, the Pan African Parliament said, ‘The non-participation of political parties makes these elections extraordinary from any others but we hope with time things will change.’

To read the full ICJ report click here.