HARASSMENT CONTINUES FOR WOMEN

Harassment continues for Swazi women

(Statement: the Centre for Human Rights and Development, Swaziland, 8 November 2012)

The plight of women in Swaziland is far from over as parliamentarians opposed the protection of women from stalking. Senators were discussing the longstanding Sexual Offences and Domestic Violence Bill of 2000 yesterday. The proposed law seeks to protect among others women from unlawful stalking.

The senators argued that stalking was part of social cultural norms hence proscribing it will violate the culture of Swazis. According to the Times of Swaziland (8 November at page 5) one senator decried the criminalization of forced marriages saying that such custom was more important as it ensured that a girl’s father was able to benefit from his daughter’s marriage since the girl would be given to a man who has cattle to pay lobola.

Culture has continued to be used as a shield to condone the violation of human rights in Swaziland. During this time of the year a group of men identifying themselves as members of the”water party,”( a group of men who are commissioned by royalty to traverse the country ahead of the annual incwala ceremony),  go around the country harassing and imposing fine on women who are not properly dressed according to Swazi cultural norms.

This is despite the Constitution guaranteeing the protection of women from deleterious customs. The Swazi Constitution also contains equality and non-discrimination clauses which ought to serve as a yardstick for the treatment of women.

Swaziland is party to the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and other regional and international human rights instruments having a bearing on women, hence the continued violation of women rights on the basis of culture demonstrates the country’ failure to comply to its international obligations. During Swaziland’s human rights review session in March this year, several recommendations were made regarding the protection of women which Swaziland accepted and undertook to take action. It is disheartening to see parliamentarians openly condoning discriminatory customs as one would have hoped to see positive action being taken to eliminate such practices.

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ALERTS@DignityFirst is a periodic update on global issues touching on human rights, good governance and democratisation, issued by the Centre for Human Rights and Development operating out of Swaziland (www.dignityfirst.org). Recipients are urged to circulate information and share with colleagues in their networks.

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GOVT IN COURT TO ATTACK UNION GROUP

TUCOSWA case to be heard on 15 November 2012

(Statement Centre for Human Rights and Development, 1 November 2011)

The case involving the deregistration of the Trade Union Congress of Swaziland (TUCOSWA) will be heard on 15 November 2012, the Industrial Court pronounced this morning. In this case the Swaziland government is seeking an order declaring the registration of TUCOSWA unlawful.

The organization is represented by human rights lawyer Mr. Thulani Maseko who pleaded with the court to hear the matter urgently since it pertains to the fundamental rights of workers. Mr. Maseko argued that it is at the best interest of workers, employers and government that the matter be heard and finalized soon. He cited section 4 of the Industrial Relations Act 2000(as amended) which lays out the purposes of the Act amongst which is the promotion of harmonious relations and freedom of association and expression in labour relations.

The Swaziland government challenges the registration of the organization on the basis that the Industrial Relations Act does not include organizations such as federations. This is despite the Act having several provisions with the word federation. For example, section 2 of the Act defines a federation as a body registered in terms of the Act which is comprised of employers and or a combination of employers’ associations, trade unions or staff associations.

Furthermore, section 2 defines the terms office and officer in the context of federations. When the court sits on the 15th, the TUCOSWA will be arguing that it was properly registered as the Act includes the registration of federations.

On another note it transpired during the hearing that the parliament Swaziland is in the process of amending the Industrial Relations Act to expressly include the registration of workers’ federations. This will however mean that if judgment is issued against TUCOSWA then the union will have to reapply to register under the new Act in which case the government has an option to allow or deny the registration.

TUCOSWA was able to successfully merge the Swaziland Federation of Trade Unions (SFTU) and the Swaziland Federation of Labour (SFL) to bargain collectively for workers’ rights in Swaziland. The deregistration of TUCOSWA was necessitated by the vibrancy of the organization and the huge support it had both local and international.

The case comes at a time when many Swazis are calling for the unbanning of political parties and their participation in the upcoming 2013 national elections. The government has continued to silence dissenting voices and disregard the Constitution. Last month members of parliament passed a vote of no confidence on cabinet ministers which was later withdrawn due to defiance by the ministers.

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ALERTS@DignityFirst is a periodic update on global issues touching on human rights, good governance and democratisation, issued by the Centre for Human Rights and Development operating out of Swaziland (www.dignityfirst.org). Recipients are urged to circulate information and share with colleagues in their networks.

** Putting Human Dignity First!**

PUBLIC ORDER REVIEW CURBS FREEDOM

FUNDAMENTAL FREEDOMS CONTINUE TO BE CURTAILED IN SWAZILAND

Centre for Human Rights and Development - Swaziland statement 31 October 2012

The full realization of fundamental rights and freedoms continue to be a myth in Swaziland as the Swaziland government is in the process of adopting a code of practice for protesters. According to the Times Sunday, this code is allegedly being drafted in conjunction with the International Labour Organization (ILO) and trade unions. With the code, the government seeks to regulate protected protest and industrial actions. Once promulgated, it will be adopted as an amendment to the Public Order Act of 1963 which ILO and the international community have called for review.

The Public Order Act regulates the holding of public meetings in Swaziland and requires police permission for the holding of certain categories of meetings and authorizes the police to control or prevent public meetings. The order authorizes among others the gathering or assembly of members of lawfully registered trade unions solely for purposes of that trade union’s lawful activities. Also the Act permits a gathering convened and held exclusively for social, cultural, charitable, recreational, religious, professional and commercial or industrial purposes. It is important to note that the Act does not include meetings or public activities for political purposes and as a result of this deficiency many political activists and members of political parties have been arrested in the past for engaging in such meetings. This Act has also been used by the government to restrict labour movements from holding public gatherings and protest marches for collective bargaining.

The government has intensified restrictions on freedom of association and assembly in the past few years despite the constitution which guarantee same. According to section 24 of the Constitution, a person has a right to freedom of expression and opinion and such shall not be hindered without the free consent of such person. Furthermore, the Constitution guarantees the rights to freedom of assembly and association in section 25. Under the proposed code workers would be required to obtain permission of the route they will use for their protest from the municipality and further notify the police of the starting time and the estimated number of participants. Notably is the discretion that is vested on the police to determine if a protest action will be a danger to public peace and deny permission for holding such event. According to the code, the police have a general duty to uphold the law and may intervene if there is reasonable apprehension of breach of peace and particularly if there is anticipated violence.

In Swaziland, the police have been very brutal on protesters resulting to deaths and severe injuries. Workers have been beaten and arrested by the police for wearing and carrying promotional material for the Trade Union Congress of Swaziland (TUCOSWA) which was deregistered by the Swaziland government early this year. The Swazi government has used the police and other security agents to intimidate and punish protesters who challenge the current regime. During Swaziland’s human rights status review in March this year, the international community recommended that the Public Order Act and other repressive laws be reviewed to allow the enjoyment of fundamental freedoms. This proposed code is therefore nothing but a reaffirmation of the Public Order Act since it does not include activities by political parties and bestow a wide discretion on the police. If the code is eventually adopted by stakeholders we anticipate the continued refusal by the police and local authorities to grant permission for protest marches and the strategic deployment of mass security agents who at times even outnumber protesters.

+268 2504 0913

ALERTS@DignityFirst is a periodic update on global issues touching on human rights, good governance and democratisation, issued by the Centre for Human Rights and Development operating out of Swaziland (www.dignityfirst.org). Recipients are urged to circulate information and share with colleagues in their networks.

** Putting Human Dignity First!**

SWAZI POLICE BEAT TRADE UNIONISTS

Two trade unionists in Swaziland were arrested and beaten by police at a May Day rally.

They were arrested because they were holding a banner with markings of the Trade Union Congress of Swaziland (TUCOSWA), a labour organisation that is not recognised by the Swazi Government.

The Centre for Human Rights, Swaziland, reported the two men, ‘were violently arrested, beaten up and later released without charge by state police in Swaziland’.

The Centre named the two as Muzi Mhlanga, who is Secretary General of the Swaziland National Teachers’ Association (SNAT), and another member of the union identified only as ‘Oscar’.

The Centre said the two were arrested at a May Day rally in Manzini, the main commercial city in the kingdom, ruled by King Mswati III, sub-Saharan Africa’s last absolute monarch.

In a statement the Centre said the men, ‘were arrested after police pounced on toyi-toying workers who were carrying a banner with TUCOSWA markings’.

It added, ‘The two were taken to the Manzini Regional Police Headquarters where they were detained for two hours. They were later called into an office and asked what their business was at the police headquarters, to which they responded that they had not gone there voluntarily, but were brought in by the police.

‘According to Mhlanga, who was interviewed by the Centre after his release, five plain clothed police officers pounced on them as soon as the van delivered them at the regional headquarters.

‘Mhlanga was shoved to the floor, and beaten by these members of the law enforcement agency. During the fall he sustained injuries to his knees and face. During the interview, Mhlanga spotted a visibly swollen face, especially around his eyes. Oscar on the other hand sustained injuries while state police dragged him and threw him into the police van which sped off immediately. Ironically, no charges were preferred against the two.’

The Centre said the two would bring charges against the police officers.