Legitimacy and credibility of Swaziland election hampered by political parties ban, UN group reports

The ‘legitimacy and credibility’ of the recent national election in Swaziland / Eswatini was ‘significantly hampered’ because political parties are banned in the kingdom ruled by absolute monarch King Mswati III, according to a United Nations group.

The King has ‘excessive powers’ in the appointment of the Government, Parliament and the judiciary, the UN Human Rights Committee (HRC) said in a report just published.

It follows a visit to Swaziland on 6 to 8 November 2018 to review a number of human rights issues outlined in the United Nations International Covenant on Civil and Political Rights (ICCPR).

The HRC reported, ‘According to the Constitution of Eswatini (Swaziland), the system of Government is based on the Tinkhundla, in which individual merit is a basis for election and appointment into public office. In practice, this translates in a system where the King has excessive powers appointment over the Government, Parliament and the judiciary, incompatible with article 25 of the ICCPR.’

Elections for the House of Assembly took place on 21 September 2018. Political parties were banned from taking part. The people were only allowed to elect 59 members of the House, a further 10 were appointed by the King. None of the 30 members of the Swazi Senate were elected by the people; 10 were elected by the House of assembly and 20 appointed by the King.

Following the election the King appointed a Prime Minister and Cabinet in contravention of the Swaziland Constitution. He also appointed six members of his Royal Family to the House of Assembly and eight to the Senate.

In its report the Human Rights Committee said, ‘The legitimacy and credibility of the elections was significantly hampered by the design of the electoral mechanisms as a culture of political pluralism is lacking. There is no freedom of genuine and pluralistic political debate, political parties are unable to register, contest elections, field candidates or otherwise participate in the formation of a Government. 

‘Political organisations have tried to challenge the Government to allow at least individual candidates to express their affiliation to political parties during the election campaigning period in order to promote steps towards political plurality. On 20 July 2018, the High Court of Eswatini dismissed an application brought by SWADEPA for an interim order allowing individual candidates to express their affiliation to political parties during the election campaign period.’

Swaziland ratified the ICCPR in 2004 and its initial report on progress was due by 2005, but by 2017 it had failed to report. After such a long delay the HRC reviewed of the kingdom in the absence of report. The November visit was an attempt to review progress since then.

See also

Swaziland quizzed on terror law

https://swazimedia.blogspot.com/2017/06/swaziland-quizzed-on-terror-law.html

SWAZILAND QUIZZED ON TERROR LAW

A United Nations group has asked Swaziland to account for the number of arrests made under its anti-terror and sedition laws.

Coincidentally, it comes at a time that a Bill to amend the controversial Suppression of Terrorism Act (STA) was pulled from the Swazi Senate.

Swaziland ratified the United Nations International Covenant on Civil and Political Rights (ICCPR) in 2004 and its initial report on progress was due by 2005, but 13 years later it has failed to report. After such a long delay, the Human Rights Committee (HRC) has scheduled a review of the kingdom in the absence of report. This review will take place in July 2017.

The United Nations group is asking a series of questions across a wide range of issues relating to human rights in the kingdom ruled by King Mswati III as an absolute monarch.

Both the Sedition and Subversive Activities Act (SSAA) and the STA have been used to silence criticism of the King’s regime. Groups that advocate for democracy have been banned under the STA.

Now, the HRC is asking the Swazi Government to account for its anti-terrorism laws. It asks Swaziland to report on the progress made to narrow the definition of terms such as “terrorist act”. It also asks how the proposed amendment to the STA will provide access to effective legal remedies.

It also asks Swaziland to provide detailed information on the number of investigations, detentions, prosecutions, acquittals and convictions under both the STA and SSAA.

On Wednesday (31 May 2017) the Suppression of Terrorism (Amendment) Bill was pulled out of Senate.

The Swazi Observer newspaper reported that this was done by the Minister of Labour and Social Security Winnie Magagula. She said government wanted a bit more time to amend some sections in the legislation, but no details were given.

It came ahead of a meeting of the International Labour Organisation (ILO) which has been closely monitoring Swaziland’s lack of progress in human rights.

In 2014 the United States withdrew trading privileges from Swaziland under the Africa Growth Opportunity Act (AGOA) because the kingdom had not fulfilled all the requirements of the programme, including respect for human rights.

The US wanted Swaziland to implement the full passage of amendments to the Industrial Relations Act; full passage of amendments to the STA; full passage of amendments to the Public Order Act; full passage of amendments to sections 40 and 97 of the Industrial Relations Act relating to civil and criminal liability to union leaders during protest actions; and establishing a code of conduct for the police during public protests. 

Both the STA and the SSAA have been criticised by global human rights groups as oppressive.

Amnesty International in April 2015 renewed its criticism of Swaziland for the ‘continued persecution of peaceful political opponents and critics’ by the King and his authorities. 

The human rights organisation called for both Acts to be scrapped or drastically rewritten.

It said the Swazi authorities were using the Acts, ‘to intimidate activists, further entrench political exclusion and to restrict the exercise of the rights to freedom of expression, association and peaceful assembly.’

In September 2016, the Swazi High Court ruled sections of the STA and the SSAA were unconstitutional because they contravened provisions in the Constitution on freedom of expression and freedom of association. 

The Swaziland Attorney-general has appealed the decision.

See also

SWAZI HUMAN RIGHTS RECORD KILLS AGOA

http://swazimedia.blogspot.com/2014/05/swazi-human-rights-record-kills-agoa.html

SWAZI TERROR LAW COURT CHALLENGE

http://swazimedia.blogspot.com/2016/02/swazi-terror-law-court-challenge.html

AMNESTY ATTACKS SWAZI JUSTICE

http://swazimedia.blogspot.com/2014/03/amnesty-attacks-swazi-justice.html

SWAZI TRIALS POLITICALLY MOTIVATED: AMNESTY

http://swazimedia.blogspot.com/2015/03/trials-politically-motivated-amnesty.html

SWAZI POLICE ‘TORTURE’ INQUIRY

A United Nations group is investigating the use of torture by police in Swaziland.

It comes as another suspect alleges he was tortured while in custody and had to have hospital treatment.

Swaziland ratified the United Nations International Covenant on Civil and Political Rights (ICCPR) in 2004 and its initial report on progress was due by 2005, but 13 years later it has failed to report. After such a long delay, the Human Rights Committee (HRC) has scheduled a review of the kingdom in the absence of report. This review will take place in July 2017.

In a wide-ranging document the HRC poses a number of questions to the Swazi Government which was not elected by the people but hand-picked by King Mswati III who rules Swaziland as sub-Saharan Africa’s last absolute monarch.

On the use of police torture HRC asks the government, ‘Please state whether torture is specifically criminalized in the State party, with appropriate  penalties, and provide information on whether an independent body exists to investigate complaints and prevent abuse and ill-treatment by law enforcement officials.’

The inquiry also asks for information on the permissible grounds for deprivation of liberty and there is a way to address instances of unlawful arrest or detention.

HRC says, ‘Please also provide information on the rights of persons in police custody, including their right to have access to a lawyer, the stage at which a suspect is allowed access to a lawyer and the maximum period of detention before an individual is brought before a judge.’

It asks for data on the number of law enforcement officials that have been: (a) investigated; (b) prosecuted; (c) convicted or acquitted; and (d) punished, and the nature of the sanctions imposed.

The inquiry comes as Suspected killer Lucky Matsenjwa told a court in Swaziland he had been tortured by police so badly that he needed hospital treatment. The Observer on Saturday newspaper (27 May 2017) reported he had been taken to hospital in neighbouring South Africa for treatment.

In March 2017, police were alleged to have suffocated Elangeni alleged serial killer and rapist Vusi Kunene with a tube to coerce him to confess to the crimes. The Times of Swaziland reported at the time, ‘According to Dlamini, the interrogation and torture by the police lasted for 11 days before he was brought before a magistrate to record a confession.

‘He was allegedly not only suffocated and tortured but was also assaulted all over the body.  As a result of the assault, Dlamini reportedly sustained serious injuries in some parts of his body.’

There are numerous reports of police torture in Swaziland. In January 2017, local media reported police forced a 13-year-old boy to remove his trousers and flogged him with a sjambok, to make him confess to stealing a mobile phone. 

In September 2016, women were reportedly ambushed by armed police and ‘brutally attacked’ by police during a strike at the Plantation Forest Company, near Pigg’s Peak. 

In June 2016, a United Nations review panel looking into human rights in Swaziland was told in a joint report by four organisations, ‘In Mbabane [the Swazi capital], police tortured a 15-year-old boy after his mother had reported him for stealing E85.00 (US$6). The boy alleges that he was beaten with a slasher (metal blade tool for cutting grass) and knobkerrie (club) for five hours. While enduring the pain, he alleges that he was made to count the strokes aloud for the police to hear. Instead of being charged, the boy was physically assaulted and made to sit in a chair for thirty minutes before he was sent back home.’

The report was submitted to the United Human Rights Council Working Group on the Universal Periodic Review of Swaziland by the Swaziland Multi-Media Community Network, Swaziland Concerned Church Leaders, Swaziland Coalition of Concerned Civic Organisations and Constituent Assembly – Swaziland.

They also reported the case of Phumelela Mkhweli, a political activist who died after an alleged assault by police after they arrested him. 

The report also stated, ‘In April 2011, a 66-year-old woman was confronted by three police officers regarding the wording on her t-shirt and headscarf. The police allegedly pulled off her T-shirt, throttled her, banged her head against the wall, sexually molested her, kicked her and threw her against a police truck.  

‘The US Department of State reported on many allegations of torture and ill-treatment by police; including beatings and temporary suffocation using rubber tube tied around the face, nose, and mouth, or plastic bags over the head,’ the report stated.  

See also

‘HORROR TALE OF SWAZI POLICE TORTURE

http://swazimedia.blogspot.com/2016/09/horror-tale-of-swazi-police-torture.html

POLICE ‘BRUTALLY ASSUALT’ WORKERS

http://swazimedia.blogspot.com/2016/09/police-brutally-assualt-workers.html

KING’S PAPER SUPPORTS POLICE TORTURE

http://swazimedia.blogspot.com/2012/11/kings-paper-supports-police-torture.html

 

MORE POLICE TORTURE IN SWAZILAND

http://swazimedia.blogspot.com/2013/01/more-police-torture-in-swaziland.html

PROBE INTO ‘INHUMANE’ JAIL CONDITIONS

A United Nations group is investigating prison conditions in Swaziland amid reports of inhumane conditions.

They include food shortages, inadequate sanitary conditions and medical care.

Swaziland ratified the United Nations International Covenant on Civil and Political Rights (ICCPR) in 2004 and its initial report on progress was due by 2005, but 13 years later it has failed to report. After such a long delay, the Human Rights Committee (HRC) has scheduled a review of the kingdom in the absence of report. This review will take place in July 2017.

In a wide-ranging document the HRC poses a number of questions to the Swazi Government which was not elected by the people but hand-picked by King Mswati III who rules Swaziland as sub-Saharan Africa’s last absolute monarch.

The report says, ‘Please respond to reports of inhumane prison conditions, including in terms of food shortages and inadequate sanitary conditions and medical care.

‘Please also comment on the allegations that the president of the (outlawed) political party People’s United Democratic Movement of Swaziland, Mario Masuku, was denied access to adequate and independent medical care for complications relating to diabetes throughout the 14 months he spent in pretrial detention at Zakhele Remand centre and Matsapha Central Prison.’  

The HRC is also asking for detailed information about the number of existing prisons in the kingdom, prison capacity and the number of inmates and whether there are separate facilities for adults and children. It also asks what plans Swaziland has to ratify the Convention against Torture and Other, Cruel, Inhuman or Degrading Treatment or Punishment.

In 2014 it was reported that more than 1,000 people were in jail in Swaziland because they were too poor to pay fines for offences such as traffic violations, theft by false pretences, malicious injury to property and fraud. 

The figures revealed that in Swaziland, where seven in ten people live in abject poverty with incomes less than US$2 per day, 1,053 of 3,615 inmates in Swazi jails were there because they did not have the money to pay a fine option. This was 29.1 percent of the entire prison population.

In February 2017, the Times Sunday newspaper in Swaziland reported shortages of food and toilet paper in jails throughout the kingdom. This was due to the government’s financial crisis, it said.

See also

PROBE INTO SWAZI CHILD EXPLOITATION

http://swazimedia.blogspot.com/2017/05/probe-into-swazi-child-exploitation.html

KINGDOM FACES LGBTI RIGHTS REVIEW

http://swazimedia.blogspot.com/2017/05/kingdom-faces-lgbti-rights-review.html