In a statement, OSISA urged the Commission to work with states to scrap outdated,
colonial era offences that serve to criminalise poverty and homelessness, and
allow for arbitrary arrest and detention by the police.
In its statement on Swaziland, it said, ‘At the last
session of the ACHPR, OSISA appealed to the Commission to undertake a mission
to Swaziland to investigate the factors and issues that had given rise to the
country's judicial crisis. No visit was possible and sadly the status quo has
not changed, even though a compromise reached between the Law Society of
Swaziland and the Minister of Justice and Constitutional Affairs did at least
end the total boycott of the courts by lawyers due to maladministration and
court interference by the Chief Justice. However, the heart of the matter
remains unresolved since litigants with cases against the King's office still
cannot access justice.
‘But OSISA also pinpointed other ways that the people of
Swaziland continue to have their basic rights curtailed and violated. Earlier
this month (April 2012), the Attorney General unilaterally de-registered the
Trade Union Congress of Swaziland (TUCOSWA) as part of the government's
concerted attack on any groups or individuals demanding genuine democracy and
respect for human rights in Swaziland.
“‘With Swaziland's unique brand of undemocratic elections
due next year, political parties remain banned, the media remains muzzled,
civil society remains under threat, the police remain unaccountable and the
electoral process itself is contrary to almost SADC and AU principles - except
for being held on a regular basis,” said Leopoldo de Amaral, OSISA’s Human
Rights Programme Manager.
‘OSISA called upon the Commission to visit Swaziland to
ascertain the reasons for the on-going judicial crisis and to urge the Swazi
government to desist from interfering in the affairs of the judiciary, pursuant
article 26 of the Charter. OSISA also urged the Commission to ensure that the
Swazi Government unbans political parties, officially registers them and amends
the Constitution to allow them to contest for political power so that the
people of Swaziland can participate in genuine democratic elections.’
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