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Tuesday 8 December 2009

SWAZILAND FAILS HUMAN RIGHTS TEST

Thursday (10 December 2009) is Human Rights Day and this has prompted Mbho Shongwe, a regular columnist for the Times of Swaziland, the kingdom’s only independent daily, to reflect on the lack of rights in Swaziland.

Human Rights Day celebrates the Universal Declaration of Human Rights which was inaugurated on 10 December 1948.

But Shongwe reminds us what does this declaration contain to benefit even an ordinary Swazi at Mangcongco, Emvembili, Shewula, Mzimnene and Nqomintaba?

He writes, ‘The preamble to the declaration number one says: ‘Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world’ and preamble number six says: ‘Whereas member states have pledged themselves to achieve, in cooperation with the UN, the promotion of universal respect for and observance of human rights and fundamental freedoms’.

‘Is Swaziland within these principles? Are Swazis aware of them? Article one says: ‘All human beings are born free and equal in dignity and rights ...’, Article two says: ‘Everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of any kind, such as race, religion, political or other opinion, ...’. In Swaziland, one is treated as an outcast deserving to be in jail, if he opposes the Tinkhundla political system.

‘Article 13(1) says ‘Everyone has the right to freedom of movement and residence within the borders of each state’.

‘In the country, the Swazi nation land is controlled by chiefs whose permission must be sought before building a residential house in a place. Article 16(2) says ‘Marriage shall be entered into only with the free and full consent of the intending spouses’. The comment on this one is on the wall. Article 20(1) says ‘Everyone has the right to freedom of peaceful assembly and association’.

‘The Tinkhundla regime is anti-political assembly and association, only allow its own and this has been seen in numerous occasions disturbing such assemblies and refusing to register these.

‘Article 21 says ‘Everyone has the right to take part in the government of his country, directly or through freely chosen representatives, everyone has the right to equal access to public service in his country, the will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures’.

What could be said of those who want to take part and vote in a multi party setting but prohibited by the Tinkhundla regime? Are the Tinkhundla elections genuine as specified in the article? Article 23(4) says: ‘Everyone has the right to form and to join trade unions for the protection of his interest’.

In Swaziland, workers in the security services are barred from being unionised. Article 26(1) says: ‘Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit’ and Article 26(3) says ‘Parents have a prior right to choose the kind of education that shall be given to their children’.

The proposed free education to be introduced by the Ministry of Education next year falls far too short of this UN requirements. In addition, were parents ever involved in the designing and implementation of the Swaziland General Certificate of Secondary Education (SGCSE)? For too long, the Tinkhundla government has taken Swazis for granted, thus unilaterally taking far-reaching decisions.

To read the full article click here.

To see a short (2 minutes) video of UN Human Rights chief Navi Pillay promoting a world of equal treatment for all on Human Rights Day click below.



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