Swaziland has failed in the promise it gave a United
Nations review in 2011 to change laws in the kingdom relating to freedom of
association and assembly so they met international standards, according to a
report by Human Rights Watch.
Swaziland is ruled by King Mswati III, sub-Saharan
Africa’s last absolute monarch. Political parties are banned from taking part
in elections; only 55 members of the 65-seat House of Assembly are elected by
the people and none of the 30-seat Senate.
In 2011 at a United Nations Human Rights Council
Working Group on the Universal Periodic Review of Swaziland, Swaziland agreed
to “[a]lign the national legislation with international standards to guarantee
freedom of assembly and association, in particular as regards the notification
of the organization of peaceful assemblies.”
In a report
to the Working Group in May 2016, Human Rights Watch stated,
‘The [Swazi] government has yet to repeal, or amend as appropriate, a number of
repressive laws that restrict basic rights guaranteed in Swaziland’s 2005
constitution, including freedom of association and assembly. On the contrary
the government has intensified restrictions on these rights over the past four
years. The laws in need of amendment
include the 2008 Suppression of Terrorism Act (STA), the 1938 Sedition and
Subversive Activities Act, and the 1963 Public Order Act.
‘Police have sweeping powers under the Public Order
Act. The king’s 1973 decree banning political parties remains in force despite
repeated calls from local political activists to have it revoked. The
constitution does not address the formation or role of political parties.
Section 79 of the constitution provides that Swaziland practices an electoral
system based on individual merit and excludes the participation of political
parties in elections.
‘Traditional leaders and chiefs have powers to restrict
access to their territories, and have often used these powers to bar civil
society groups and political groups like the Ngwane National Liberatory
Congress (NNLC) and the People’s United Democratic Movement (PUDEMO) from
having meetings, recruiting, or any kind of presence in their areas. In 2011
PUDEMO challenged in court the government’s refusal to register political
parties but the court said PUDEMO has no legal standing to approach the court
as it did not exist as a legal entity.
‘The Suppression of Terrorism Act (STA) places severe
restrictions on civil society organizations, religious groups, and the media
because it includes in the definition of “terrorist act” a wide range of
legitimate conduct such as criticism of government, enabling officials to use
the provisions of the Act to target perceived opponents of the government. The
government has also misused the STA to target independent organizations by
accusing them of being “terrorist” groups, and harassed civil society activists
through abusive surveillance and unlawful searches of homes and offices.
‘Individuals who have been targeted for arrest or
prosecution under the STA include the leaders of People’s United Democratic
Movement (PUDEMO) and Swaziland Youth Congress (SWAYOCO) who were arrested and
detained under the STA in 2014. Police arrested PUDEMO leader Mario Masuku in
May 2014, on terrorism charges for criticizing the government in a speech on
May 1. At the time of writing Masuku was out of jail on bail pending the
outcome of his trial. If convicted, he could serve up to 15 years in prison.
‘Police used violence to halt May Day celebrations
organized by trade unions in May 2013. In March 2015 police beat leaders of the
Swaziland National Association of Teachers and prevented them from hold a
meeting ostensibly because the discussions would have included calls for
multi-party democracy.’
See also
RESPECT
FOR SWAZI RULE OF LAW FAILS
‘OPPOSITION
TO KING IS TERRORISM
http://swazimedia.blogspot.com/2016/01/opposition-to-king-is-terrorism.html
SADC URGED TO ACT ON HUMAN RIGHTS
SADC URGED TO ACT ON HUMAN RIGHTS
HUMAN
RIGHTS WATCH ON SWAZILAND
http://swazimedia.blogspot.com/2012/02/human-rights-watch-on-swaziland.html
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