A legal challenge is to be made in Swaziland to declare the
kingdom’s Suppression of Terrorism Act (STA) unconstitutional.
People who have protested for democratic change in Swaziland
have been arrested and charged under the act for ‘sedition’. No political Party
is allowed to contest elections in Swaziland and all organisations that call
for democratic change have been branded ‘terrorists’ under the STA.
People have been charged under the STA for a number of
alleged crimes, including carrying banners displaying the names of banned
organisations, wearing berets or T-shirts with slogans written on them, and
praising individuals who have stood up for democracy.
The STA
was introduced in November 2008 following an attempted bombing of the Lozitha
Bridge, near one of the King’s 13 palaces in September that year.
Shortly after the STA came into force Amnesty International
and the International Bar Association’s Human Rights Institute (IBA-HRI) called
for its immediate repeal or amendment.
More recently in June 2014, the United States withdrew
preferential trade rights from Swaziland because, among other things, it had
not amended the STA.
They said in a statement that the Swazi Government warned of
heavy penalties for ‘associating’ with certain groups, which had been declared to
be terrorist ‘entities’ under the law. They said this was ‘contributing to an
atmosphere of uncertainty and of intimidation amongst a wide range of civil society organizations’.
The statement read, ‘Amnesty International and the IBA-HRI are gravely concerned that key provisions in this anti-terrorism law are inherently repressive, breach Swaziland’s obligations under international and regional human rights law and are already leading to the violation of the right to freedom of expression, association and assembly.’
The statement read, ‘Amnesty International and the IBA-HRI are gravely concerned that key provisions in this anti-terrorism law are inherently repressive, breach Swaziland’s obligations under international and regional human rights law and are already leading to the violation of the right to freedom of expression, association and assembly.’
The statement also said the offences under the STA were ‘defined
with such over-breadth and imprecision that they place excessive restrictions
on a wide range of human rights – such as freedom of
thought, conscience and religion, freedom of opinion and expression, freedom of association and freedom
of assembly – without adhering to the requirements of demonstrable
proportionality and necessity.’
In June 2014, the United States withdrew a preferential
trade agreement from Swaziland under the Africa African Growth Opportunity Act (AGOA) after the kingdom, ruled by King
Mswati III, sub-Saharan Africa’s last absolute monarch, failed to make reforms
on political and workers’ rights, which included amendments to the STA.
The legal challenge which is spearheaded by the People’s United
Democratic Party (PUDEMO) is expected to be heard at the Swaziland High Court
on 1 December 2014.
See also
AMNESTY CALLS FOR TERROR PROTEST
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