Swaziland
Newsletter No. 766 – 24 February 2023
News from and about Swaziland, compiled by
Global Aktion, Denmark (www.globalaktion.dk)
in collaboration with Swazi Media Commentary (www.swazimedia.blogspot.com),
and sent to all with an interest in Swaziland - free of charge.
European Parly to EU: review financial aid to eSwatini
By Nonduduzo Kunene, Times
of eSwatini, 17 February 2023
MBABANE: The European Parliament (EP) has resolved for
a review or suspension of financial aid to Eswatini from the European Union
(EU).
This is part of the eight resolutions of the
Parliament taken on Wednesday afternoon after some of its members moved a
motion on violation of human rights and victimisation of human rights defenders
in the country, in particular the murder of Thulani Maseko. Maseko was a Human
Rights Lawyer and was gunned down about four weeks ago while at his home at
KaLuhleko.
The motion in the EP was moved by the Greens/European
Free Alliance, also known as Verts/ALE Group, which consists two European
distinct political parties which are the European Green Party and European Free
Alliance. Some of the members who represented the two parties were Michèle
Rivasi from France, Francisco Guerreiro also from France and Caroline Roose
from the United Kingdom, among others.
The EP is one of the legislative bodies of the EU and
one of its seven institutions. This Parliament works with the council of EU
known as the Council of Ministers; it adopts European legislation, following a
proposal by the European Commission. It is composed of 705 members of the
European Parliament (MEPs). The current president of the EP is Roberta Metsola.
The members stated several reasons why they moved the
motion for urgent attention in the Parliament. They stated that human rights
and fundamental freedoms were curtailed and political parties were outlawed
because Eswatini was still an absolute monarchy.
They added that in 2021, protests demanding
democratic reforms began and the Government of Eswatini launched a brutal crackdown
on human rights activism, retaliating with arbitrary detentions, harassment,
threats and abductions, internet shutdowns and bans on protests; whereas
several dozens of people were killed by the security forces; whereas
mercenaries have allegedly been hired to repress growing dissent. It should be
noted that during the June 2021 unrest, violence erupted throughout the
country, which led to the burning and looting of some shops.
The arrest of Members of Parliament (MPs) in Mthandeni
Dube of Ngwempisi and Mduduzi Bacede Mabuza of Hosea was also listed among the
supposed violations of human rights defenders. “Whereas the security forces
systematically intimidate trade unionists and violate fundamental workers’
rights; whereas the authorities have detained and allegedly tortured student
union leaders; whereas other human rights problems in Eswatini include impunity
for the security forces and discrimination against women and minorities.”
The MEPs ended up adopting eight resolutions out of
the 10 that were moved. Part of the eight resolutions was the motion calling on
the EU to suspend budget support programmes to Eswatini, where funds risked
being diverted for activities which may lead to human rights abuses and target
pro-democracy and human right advocates, and to consider opening a procedure
under Article 96 of the Cotonou Agreement in this respect. The Parliament
adopted the motion which was then added to the eight resolutions.
The members strongly condemned the killing of Thulani
Maseko. Maseko was the Chairperson of Multi-Stakeholder Forum (MSF) and was
shot dead on January 21, 2023, while at his parental home located in Bhunya.
This was the first point in the motion which also formed part of the
resolutions.
The second point of the motion was the condemnation of
continuous incrimination of human rights defenders, political activists, civil
society organisations and trade unions in Eswatini which also formed part of
the resolutions.
In addition, a call for the immediate release of all political prisoners and to
free persons arbitrarily detained was also moved by the MEPs and was adopted.
The members also asked government to consider attacks on human right defenders,
pro-democracy activists and the banning of trade unions to contravene
commitments of Eswatini under the rule of law and human rights principles.
The motion further called for an independent,
impartial, and transparent investigations into the killing of Maseko, and the
ongoing repression, and alleged recruitment of mercenaries from South Africa to
help security forces repress opposition, and to bring those responsible to
justice in fair trials, which was also adopted by the second largest Parliament
after India.It should be noted that government came out to explain that it had
engaged experts to assist in training security personnel on terrorism.
Furthermore, the MEPs in the motion, alleged that the
Judiciary was not independent in Eswatini, hence they alleged that
investigations that relate to human rights defenders should be placed under the
United Nations’ (UN) supervision to ensure impartiality. However, this motion
did not form part of the resolutions.
The MPs also recalled that in November 2021, King
Mswati III agreed on the establishment of the national dialogue to be
facilitated by the Southern African Development Community (SADC). A motion that
urged the authorities to initiate the dialogue without delay, an all-inclusive
multi-stakeholder dialogue to restore the respect and protection of human
rights, the rule of law and democracy was moved and also formed part of the
resolutions. The EU was also called upon to impose sanctions against
perpetrators of human rights violations in Eswatini through the Global Human
Rights Sanction Mechanism, but this point was not adopted by the House.
The members also moved the motion according to Rules
144(5) and 132(4) of its Rules of Procedure. These rules state that a
committee, an interparliamentary delegation, a political group of members
reaching at least the low threshold may ask the president in writing for a
debate to be held on an urgent case of a breach on human right, democracy and
the rule of law.
The last point of the motion was an instruction to the
president to forward resolutions that would be taken of the motion to the
council, the commission, the vice president of the commission/high
representative for Foreign Affairs and security policy, the Government of
Eswatini, the African Union, SADC, the ACP-EU Council of Ministers and Joint
Parliamentary Assembly, the Pan-African Parliament, the International Labour
Organisation, and the United Nations secretary general.
The two motions that were not adopted by the
Parliament were the calls for the EU to impose sanctions against perpetrators
of human rights violations in Eswatini through the Global Human Rights Sanction
Mechanism and the placing of investigations of human rights defenders conducted
by the Eswatini Judiciary under UN supervision to ensure impartiality.
To read more of this report, click here
http://www.times.co.sz/news/138975-european-parly-to-eu-review-financial-aid-to-eswatini.html
King’s birthday party: Mswati is selfish – SFDF president
By Eugene Dube, Swati Newsweek 22 February, 2023
LOBAMBA: Busi Mayisela, the
Swazis First Democratic Front President (SFDF) had criticized King Mswati III
after the king made a public statement that he will be having a double
celebration of his 55th birthday party and 55 years of independence from
colonial masters.
Mswati made this statement
five days ago during the official opening of his controlled parliament.
Mayisela was given an
opportunity to share her view on Mswati’s upcoming luxurious event.
Mayisela said, “Mswati is
selfish and self-centered.
“What is there to celebrate in
a country where over 60% of citizens live under poverty line?
“Where qualifying students are
unable to get scholarship.
“Where hospitals are in a
terrible state and lack medicine.
“The country has just
experienced the worst storm, roads are in terrible conditions.”
She explained, “Over 200
families have lost their loved ones due to the ongoing political tensions in
the country?”
“How could he be so
insensitive to the people he leads.
“This is disappointing to say
the least.”
Despite having 1,2 million
suffering citizens, King Mswati III says he will throw his birthday party and
celebrate his 55th and 55 years of independence from former colonial masters
the Britons.
King Mswati III is on record
saying, “This year we shall have a double celebration of 55 years of
independence and of the 55th birthday of the monarch,” said the erratic king.
The King believes there is
democracy in his land.
He said, “It is gratifying to
note that our mornachichal democracy has evolved over the years. This is
evidenced by the fact that elections are held every 5th year”
More
than five of Mswati’s children are Gays, King’s Spokesperson says no Bill to
legalize LGBTQ
By
Zweli Martin Dlamini, Swaziland News, 22 February, 2023
MBABANE: Percy Simelane, the King’s
Spokesperson says currently, there’s no move or Bill that seeks to legalize
Lesbians, Gays, Bisexuals, Transgender and Queer(LGTBQ).
Simelane was responding to questions from
this Swaziland News amid allegations suggesting that more than five (5)
of King Mswati’s children were Gays and Lesbians.
The names of the Princes and Princess who
are members of the LGBTQ cannot be revealed for ethical reasons.
“We are not aware of any move or Bill to
legalize Gays and Lesbians in Eswatini. Should the need arise we want to
believe it would be done constitutionally away from birth rights,” said the
King’s Spokesperson.
Speaking to this Swaziland News on
Wednesday, Sisanda Mavimbela, the Executive Director of the Eswatini Sexual and
Gender Minorities said it was very unfortunate that when it comes to human
rights issues, eSwatini still believes in debates.
“The issue of the lack of legislation that
protects and promotes the rights of LGBTI+ persons in the country has caused
stigma and discrimination that leads to exclusion for the LGBT+ person in
society. LGBTI+ persons are currently suffering in schools, work and homes
which reduces their productivity in Society. Lesbian, Bisexual, Trans and Queer
women are fighting Gender Based Violence (GBV)on their own,” said the Executive
Director of the Eswatini Sexual and Gender Minorities.
Gays and Lesbians in eSwatini are
subjected to harassment, they have been protesting in vain, demanding their
rights.
Reached for comments, Sikelela Dlamini, the
Secretary General of the pro-democracy MultiStakeholder Forum (MSF) said Gays
and Lesbians were persecuted in eSwatini and the Government was reluctant to
register their organization.
“We call upon the Government to allow Gays
and Lesbians to live and enjoy their rights like all human beings,” said the
MSF Secretary General.
Responding to questions from this Swaziland
News earlier regarding the alleged discrimination of the Lesbian, Gay,
Bisexual, Transgender and Intersex (LGBTI) Community in eSwatini, Alpheous
Nxumalo, the Government Spokesperson said the issue required civil engagements
and education more than legislation.
“We think that the issue of discrimination
is neither here nor there. It is just that African communities are probably
struggling coming to terms with the unorthodox lifestyle of this particular
community. I think in the long run it’s a challenge and question of civic
engagement and education about this community more than an issue of legislating
for their existence or discrimination,” said the Government Spokesperson.
Investigation into Thulani Maseko’s killing must be
independent and transparent
Amnesty International statement, 21 February 2023
The Eswatini authorities must
ensure the investigation into the unlawful killing of human rights lawyer
Thulani Maseko is completely independent, impartial, transparent and effective,
Amnesty International said today, one month after he was shot by unknown
gunmen.
“A month after Thulani Maseko
was gunned down, it remains unclear what steps the Eswatini authorities have
taken to facilitate an independent investigation to identify and bring to
justice the perpetrators of this crime. Amnesty International is calling on the
authorities to reveal how they intend to ensure the investigation into Maseko’s
death will be thorough, impartial and transparent,” said Vongai Chikwanda,
Amnesty International’s Deputy Director for Southern Africa.
“It is absolutely crucial that
the evidence is not tampered with. As a State Party to the International
Covenant on Civil and Political Rights (ICCPR), Eswatini has the obligation to
investigate any unlawful killing. Failing to investigate the unlawful killing
of Thulani and bring the perpetrator to justice would be a violation of the
country’s obligations under the ICCPR.”
The unlawful killing of human
rights defender and lawyer Thulani Maseko on 21 January came amid an escalation
in attacks on critics, many of whom had been calling out for political reforms
in Eswatini.
Maseko was shot three times
through the window of his home by unknown gunmen at close range. A local
newspaper reported that two police officers had staked out his
house before he was killed. According to reports, those police officers were
allegedly the same ones who attended the crime scene after Maseko was shot.
Inter-governmental
organizations such as the Southern African Development Community, the Africa Union, and
the European Union, as well as the human rights community,
including Amnesty International, have called for a full and transparent investigation
into Maseko’s killing.
“Every day that passes without
commitment and action from the authorities towards an independent and
transparent investigation brings further pain for Maseko’s family. This killing
must not be covered up or swept under the carpet. The perpetrators of this
brutal crime must be brought to trial,” said Vongai Chikwanda.
“In the meantime, the Eswatini
authorities must ensure that people in the country are safe and able to exercise
their human rights freely and without any reprisals, including political
activists and human rights defenders.”
Background
On 21 January, Maseko was shot
by unknown gunmen at his home in Luyengo, Mbabane.
Prior to his death, he chaired
the Multi-Stakeholders Forum, a group of political parties and civil society
groups calling for democratic reform in the country.
Eswatini’s monarchy is
strongly opposed to activism and any kind of political reform. The day before
Maseko was killed, King Mswati III reportedly said that those calling for democratic reform in
the country would be “dealt with”.
Who killed Thulani Maseko? The deafening silence from
Eswatini and SADC about a serious investigation
By Mark Heywood, Daily Maverick, (South
Africa), 19 February 2023
A month has passed since the
assassination of Swazi human rights lawyer Thulani Maseko. However, there seems
to be little political will in Eswatini or the SADC to investigate the murder
and identify his killers. On Friday Amnesty International, which has 10 million
members across the world, launched a global letter-writing campaign to demand
justice for his murder.
In the aftermath of Swazi
human rights lawyer Thulani Maseko’s assassination on 21 January 2023, there
have been widespread and growing calls for the Southern African Development
Community (SADC) to launch an internationally supervised independent
investigation into his
killing.
These calls have emanated from
the UN human rights experts, organisations of
African lawyers and judges and
international NGOs such as Freedom House and Amnesty International.
In South Africa, Clayson
Monyela, spokesperson for the Department of International Relations and
Cooperation, told Maverick Citizen that South Africa too had condemned the
assassination, but he fudged the question as to whether it supported an
independent investigation saying, “Yes, South Africa endorses the call for an
investigation”.
By contrast, a day earlier the
European Parliament passed a resolution calling for “a prompt, independent,
impartial, transparent and thorough investigation, under the auspices of the
African Commission on Human and Peoples’ Rights and the UN, into the attacks
against other pro-democracy and human rights activists and the alleged
recruitment of mercenaries to help security forces repress opposition”.
Significantly the European
Parliament linked this to a call on the European Union “to review and, where
applicable, suspend support programmes for Eswatini where funds risk being used
for activities that violate human rights”; and then “instructed its President
to forward this resolution to the Kingdom of Eswatini and to all relevant
stakeholders and institutions”.
However, there is a danger
that these calls – even though they come from powerful institutions – are
falling on deaf ears.
Read the full resolution here:
In response, the government of
Eswatini issued a statement claiming the resolution was neither “binding or
compelling” because it had been “canvassed by independent members of the
European Parliament, not by the incumbent or sitting government parties from
the European bloc”.
SADC dithers
On 30 January at an
extraordinary summit of the SADC Troika on Politics, Defence and Security
Cooperation, the Troika condemned the killing in unusually strong terms. But it
stopped short of taking the investigation into its own hands, as it has the
power to do and has done in the past in relation to other political
murders, including in Lesotho.
Instead, in a communique issued after a meeting in
late January, it “urged the
Government of the Kingdom of Eswatini to conduct a swift, transparent and
comprehensive investigation into the killing of Mr Maseko”.
Democracy activists in
Eswatini argue this is insufficient because Maseko’s killing is just one of a
number of assassinations that are clearly emanating from the Eswatini
government and its security forces. They insist the kingdom’s monarch “cannot
be trusted to investigate itself”.
As a result, in a 30 January
2023 letter addressed to Namibian President Hage Geingob, the Secretary-General
of the Multistakeholder Forum (MSF), “an umbrella body made up of various CSOs
and non-state actors across Swaziland”, requested SADC to “immediately
establish an investigation inquiry led by the SADC and working with the African
Commission on Human and People’s Rights, to ensure a swift, thorough and
independent investigation …”.
However, to date no response
has been received to this letter, leaving it unclear who will take the lead in
establishing an investigation. And the danger that none may happen at all.
The SADC Secretariat did not
respond to our questions last week.
Meanwhile, as pro-democracy
activists warned, there is no sign that the Eswatini government is prioritising
the investigation into Maseko’s murder.
To read more of
this report, click here.
Murders and harassment of trade union leaders must
cease immediately!
Education International, 17 February 2023
Education International
denounces the continuous attacks on trade union leaders in Eswatini and
condemns the targeting of Mbongwa Dlamini, President of the National
Association of Teachers (SNAT), a member organisation of Education
International.
The absolute monarch of
Eswatini, King Mswati III, in power since 1986, continues to crush human rights
defenders who protest the deteriorating human rights situation in the country.
There are several laws in place which severely restrict freedom of expression
and association, including the Sedition and Subversive Activities Act 1938,
which continues to be invoked, the Public Order Act 1963, and the Suppression
of Terrorism Act, 2008. In addition, the State of Emergency, which was declared
in 1973 and remains in effect, suspends constitutional freedoms, and
effectively prohibits opposition political parties.
In 2014, the Government tabled
legislation to dissolve all workers’ and employers’ federations in Swaziland,
including the Trade Union Congress of Swaziland, of which SNAT is a member. In
2019, the SNAT president was fired from his teaching position for attending a
union meeting. In October 2021, teachers and public sector workers were
attacked while they were delivering a petition to the Municipal Council of the
capital city, appealing for decent working conditions, a salary review, and
basic trade union rights.
In a letter addressed to the
Eswatini’s Prime Minister Cleopas Sipho Dlamini, and dated 7 February,
International Trade Union Confederation (ITUC) Deputy General Secretary Owen
Tudor and Education International General Secretary David Edwards denounced “the
brutal murder of Thulani Maseko, a human and trade union rights lawyer,” as
well as the “government's forced exile of Sticks Nkambule and Mbongwa Dlamini,
both leading representatives of trade unions in Eswatini.” International trade
unions believe the government is behind the assassination as the lawyer was
killed after he appeared on a hit list.
Mbongwa Dlamini is being
persecuted for his trade union activities following union protest actions for
better wages and working conditions for teachers. Both union leaders have been
forced into exile to safeguard their lives and security.
Education International and
ITUC’s leaders also expressed serious concern due to “the threats made by the
Minister of Public Service, Mabulala Maseko, to stop the check-off system for
the collection of membership dues for the SNAT. The Government has also refused
to include the 3% increase in SNAT dues and to include new members recruited by
SNAT.”
These attacks continue despite
the government of Eswatini and the Trade Union Congress of Swaziland's
agreement to submit such disputes for mediation through the International
Labour Organization (ILO).
Both ILO Conventions 87 and 98
have been ratified by Eswatini and guarantee workers’ rights to freedom of
association and collective bargaining. The ratification of these two
conventions places an obligation on Eswatini to ensure workers enjoy adequate
protection against acts of antiunion discrimination with respect to their
employment.
Education International and
the ITUC call on the government of Eswatini “to immediately take steps to stop
security operatives from carrying out any further repression and the
extra-judicial killing of trade unionists and human rights defenders”. EI and
ITUC urge the government to “choose social dialogue to bring peace, social
reconciliation, and development to the people and the workers of Eswatini.”
In October 2021, Education
International and the ITUC vigorously denounced attacks and violence perpetrated by
the police against teachers and other public sector workers in Eswatini.
They strongly condemned the
disproportionate use of force against peaceful protesters, which caused scores
of injuries and the death of a student.
The SNAT had reported that the
security forces fired teargas, stun grenades and live ammunitions. Two busses
ferrying public workers to the peaceful gathering were also stopped by the
police and their passengers shot at with live bullets.
In March 2021, following a
submission by Education International, the review of Eswatini by the United
Nations Human Rights Council had noted “According to Education International,
the Collective Bargaining Agreement, the Employment Act of 2000 and the
Industrial Relations Act of 2000, and the Public Order Act (2017), continued to
create restrictions on freedom of expression of trade union members, some of
whom have also been intimidated, beaten and arrested. Education International
indicated that the government intimidated teachers, including through media platforms,
to discourage them to exercise their right to strike.”
The UN recommended that the
Government of Eswatini “reform, in accordance with international human rights
standards, all legislation that unduly restricts freedom of expression and
association, in particular, the suppression of Terrorism Act and the
suppression of Sedition and Subversive Activities Act.” and to “Immediately end
law enforcement violence and other restrictions against people exercising their
rights to freedom of peaceful assembly and to freedom of association”.
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