Human Rights Watch adds to criticism of Swaziland’s freedom abuses

Another human rights group has criticised the Swaziland / eSwatini state for restricting freedom of association and assembly. Swaziland is ruled by King Mswati III as an absolute monarch.

Human Rights Watch in a report detailing events during 2018 stated, ‘Restrictions on freedom of association and assembly continued in 2018. Although Eswatini signed the African Charter on Democracy, Elections and Governance in January, the government has not taken steps to ratify and implement the charter.

‘A few days before the September elections, public sector workers, including teachers and nurses under the umbrella of the Trade Union Congress of Swaziland (TUCOSWA), embarked on protests over salaries across the country.  Police responded in a heavy-handed manner, beating and injuring protesters in Manzini. 

‘Earlier in June, police injured at least four workers protesting alleged corruption in government. These incidents occurred despite the new Police Service Act of 2018 that provides that “the police shall respect and protect human dignity and human rights,” and that “police officers are prohibited from inflicting or tolerating any act of torture or cruel, inhuman or degrading treatment.”’

Human Rights Watch also reported, ‘King Mswati holds supreme executive power over the parliament and judiciary by virtue of a 1973 state of emergency decree. The country’s courts have upheld the legality of the decree. This is contrary to the 2005 constitution, which in accordance with the 2007 African Charter on Democracy, Elections and Governance, provides for three separate organs of government—the executive, legislature, and judiciary.  The prime minister theoretically holds executive authority, but in reality, King Mswati exercises supreme executive power and also controls the judiciary.

‘The 2005 constitution provides for equality before the law, but also elevates the king above the law. In 2018, in an apparent exercise of his absolute executive powers, the king renamed the country without parliamentary approval or the requisite constitutional change.

‘The Sedition and Subversive Activities Act, which restricts freedom of expression through criminalizing alleged seditious publications and the use of alleged seditious words, such as those which “may excite disaffection” against the king, remained in force in 2018.  In February, then-Prime Minister Barnabas Dlamini said that a newspaper, Swaziland Shopping, was shut because it criticized the government. Its editor, Zweli Martin Dlamini fled the country in January after allegedly receiving death threats for implicating King Mswati in a corruption case.’

Human rights violations in Swaziland have been well documented. Recently, the United States Department of State in its annual review of the kingdom, highlighted ‘human rights issues’ across a wide range of areas which included, ‘restrictions on political participation, corruption, rape and violence against women linked in part to government inaction, criminalization of same-sex sexual conduct, although rarely enforced, and child labor’. 

Amnesty International in a review of Swaziland for 2017 / 2018 stated, ‘The Public Order Act and the Suppression of Terrorism Act severely limited the rights to freedom of expression, association and peaceful assembly.’ 

It added, The Public Order Act, ‘curtailed the rights to freedom of assembly and association, imposing far-reaching restrictions on organizers of public gatherings. The Act also failed to provide mechanisms to hold law enforcement officials accountable for using excessive force against protesters or public gatherings.’

Freedom House scored Swaziland 16 out of a possible 100 points in its Freedom in the World 2019 report. It concluded that Swaziland was ‘not free’.

See also

No appetite by Swaziland to investigate human rights abuses, corruption: U.S. report

https://swazimedia.blogspot.com/2019/05/no-appetite-by-swaziland-to-investigate.html

Swaziland public services in meltdown and corruption goes unchecked: new report surveys the kingdom

https://swazimedia.blogspot.com/2019/07/swaziland-public-services-in-meltdown.html

SWAZILAND REPRESSES POLITICAL DISSENT

Swaziland continues to repress political dissent and disregard human rights and the rule of law, the latest international report on freedom in the kingdom reveals. 

Human Rights Watch in its review of 2017, just published, adds the independence of the judiciary is severely compromised and repressive laws continue to be used to target critics of the government and King Mswati III, who rules Swaziland as sub-Saharan Africa’s last absolute monarch.

The report states, ‘In September, King Mswati told the United Nations General Assembly in New York that Swaziland is committed to peace and a decent life for all. He said his government grants every citizen an opportunity to voice their views in order to constructively contribute to the social, economic, cultural, and political development of the country. He failed to mention, however, the recently passed amendments to the Public Order Act, which allow critics of the King or the Swazi Government to be prosecuted, and upon conviction be fined E10,0000 (US$770), imprisoned for two years, or both for inciting “hatred or contempt” against cultural and traditional heritage.’ 

The amendments to the Public Order Act grant sweeping powers to the national commissioner of police to arbitrarily halt pro-democracy meetings and protests, and crush any criticism of the government.

Human Rights Watch states, ‘Restrictions on freedom of association and assembly continued. The government took no action to revoke the King’s Proclamation of 1973, which prohibits formation and operations of political parties in the country. The police used the Urban Act, which requires protesters to give two weeks’ notice before a public protest, to stop protests and harass protesters.’

King Mswati is above the law, Human Rights Watch states. ‘The constitution provides for equality before the law, but also places the King above the law. A 2011 directive, which protects the King from any civil law suits, issued by then-Swaziland Chief Justice Michael Ramodibedi after Swazi villagers claimed police had seized their cattle to add to the king’s herd, remained in force in 2017.

‘The Sedition and Subversive Activities Act also remained in force in 2017. The act restricts freedom of expression by criminalizing alleged seditious publications and use of alleged seditious words, such as those which “may excite disaffection” against the King. Published criticism of the ruling party is also banned. Many journalists told Human Rights Watch that they practice self-censorship, especially with regards to reports involving the king, to avoid harassment by authorities.’

Earlier this month (January 2018), Freedom House in its own review of human rights in Swaziland during 2017 declared the kingdom to be ‘not free’. It said civil liberties had deteriorated in the past year. Freedom House reported, ‘Swaziland’s civil liberties rating declined from five to six due to increased government infringements on religious freedom and freedom of private discussion.’

See also

SWAZILAND CIVIL LIBERTIES WORSEN

https://swazimedia.blogspot.co.uk/2018/01/swaziland-civil-liberties-worsen.html

KING MISLEADS UN ON SWAZI FREEDOM

https://swazimedia.blogspot.co.uk/2017/09/king-misleads-un-on-swazi-freedom.html

 

JAIL FOR DEFACING PICTURE OF KING

https://swazimedia.blogspot.co.uk/2017/09/jail-for-defacing-picture-of-king.html

KING MISLEADS UN ON SWAZI FREEDOM

Only days after it was learnt that people who criticise King Mswati of Swaziland face two years’ jail, the King misled the UN General Assembly saying that ‘all citizens’ have the opportunity to air their views.

King Mswati was speaking at the United Nations in New York on Wednesday (20 September 2017).

The King who rules Swaziland as sub-Saharan Africa’s last absolute monarch in a kingdom where political parties are banned from contesting elections and prodemocracy campaigners are prosecuted under the Suppression of Terrorism Act, said, ‘The kingdom of eSwatini [Swaziland] is committed to peace and a decent life for all. We are also firm believers in the principle of consultative decision-making. This involves a transparent and all-inclusive undertaking that grants every citizen an opportunity to voice their views in order to constructively contribute to the social, economic, cultural and political development of the country.’

He did not say that his unelected government had just passed the Public Order Act. This allows for critics of the King or the Swazi Government to be fined E10,0000 (US$770), imprisoned for two years or both for inciting ‘hatred or contempt’ against cultural and traditional heritage. In Swaziland seven out of ten people have incomes less than US$2 a day.

The Act also targets gatherings of 50 or more people in a public place where policy actions or criticisms of any government or organisation are made.

The Times of Swaziland, the only independent daily newspaper in the kingdom where reporting the activities of King Mswati and his family is severely restricted, reported, ‘These gatherings could be those which are convened or held to form pressure groups, to hand over petitions to any person or to mobilise or demonstrate support for or opposition to the views, principles, policy, actions or omissions of any person, organisation including any government administration or institution. 

‘The Act states that to avoid any doubt people who also speak ill or incite hatred against the cultural and traditional heritage of the country could be those who are involved in a picket or protest action. 

‘Other acts that carry a similar penalty also include a person who trashes, burns or otherwise destroys, defaces or defiles or damages any national insignia or emblem. The nation insignia or other emblem has been defined by the Act as any weaving, embroidery, sewing, drawing, picture, illustration and painting which represents His Majesty, the Indlovukati [King’s mother], national flag or Swaziland Coat of Arms.’

Swaziland has been criticised by many international groups for its lack of democracy. 

The Swazi people are only allowed to select 55 of the 65 members of the House of Assembly, the other 10 are appointed by the King. None of the 30 members of the Swaziland Senate are elected by the people: the King appoints 20 members and the other 10 are appointed by the House of Assembly.

In 2016, the Southern Africa Litigation Centre reported all opposition to the rule of the King Mswati is treated as ‘terrorism’.

In 2015, the United States withdrew trading benefits under the Africa Growth Opportunities Act (AGOA) because of Swaziland’s poor record on human rights.

International human rights organisations Human Rights Watch in its World Report 2016, said ‘The Suppression of Terrorism Act (STA), the Sedition and Subversive Activities Act of 1938, and other similarly draconian legislation provided sweeping powers to the security services to halt meetings and protests and to curb criticism of the government, even though such rights are protected under Swaziland’s 2005 constitution.’

The STA was ‘regularly used’ by the police to interfere in trade union activities, Action for Southern Africa (ACTSA) said in a submission to the Commonwealth Ministerial Action Group (CMAG) in 2015.

Amnesty International has criticised of Swaziland for the ‘continued persecution of peaceful political opponents and critics’ by the King and his authorities. 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 Swaziland’s High Court ruled that sections of the Suppression of Terrorism Act and the Sedition and Subversive Activities Act were unconstitutional. The Government is appealing the ruling.

See also

JAIL FOR DEFACING PICTURE OF KING

https://swazimedia.blogspot.co.uk/2017/09/jail-for-defacing-picture-of-king.html

 

OPPOSITION TO KING IS ‘TERRORISM’

https://swazimedia.blogspot.co.uk/2016/01/opposition-to-king-is-terrorism.html

 

SWAZILAND LAST ON POLITICAL FREEDOM

http://swazimedia.blogspot.com/2017/01/swaziland-last-on-political-freedom.html

SWAZILAND FAILS ON FREEDOM PROMISE

https://swazimedia.blogspot.co.uk/2016/06/swaziland-fails-on-freedom-promise.html

 

REPORT TELLS UN OF RIGHTS ABUSES

https://swazimedia.blogspot.co.uk/2015/10/report-tells-un-of-rights-abuses.html

COURT: TERROR ACT UNCONSTITUTIONAL

http://swazimedia.blogspot.co.uk/2016/09/court-terror-act-unconstitutional.html

JAIL FOR DEFACING PICTURE OF KING

Critics of Swaziland King Mswati III or his unelected government face jail for two years under a new law.

The offences are classed as showing ‘contempt against the cultural and traditional heritage of the Swazi nation’ and are contained in the Public Order Act 2017. Contempt includes defacing a picture of King Mswati who rules Swaziland as sub-Saharan Africa’s last absolute monarch. 

The Public Order Act allows for a E10,0000 (US$770) fine, two years imprisonment or both for inciting ‘hatred or contempt’ against cultural and traditional heritage. In Swaziland seven out of ten people have incomes less than US$2 a day.

The Act also targets gatherings of 50 or more people in a public place where policy actions or criticisms of any government or organisation are made.

The Times of Swaziland, the only independent daily newspaper in the kingdom where reporting the activities of King Mswati and his family is severely restricted, reported, ‘These gatherings could be those which are convened or held to form pressure groups, to hand over petitions to any person or to mobilise or demonstrate support for or opposition to the views, principles, policy, actions or omissions of any person, organisation including any government administration or institution. 

‘The Act states that to avoid any doubt people who also speak ill or incite hatred against the cultural and traditional heritage of the country could be those who are involved in a picket or protest action. 

‘Other acts that carry a similar penalty also include a person who trashes, burns or otherwise destroys, defaces or defiles or damages any national insignia or emblem. The nation insignia or other emblem has been defined by the Act as any weaving, embroidery, sewing, drawing, picture, illustration and painting which represents His Majesty, the Indlovukati [King’s mother], national flag or Swaziland Coat of Arms.’

Earlier in 2017, Swaziland came 142^nd out of 167 countries in an international survey on democracy called the Economist Intelligence Unit (EIU) Democracy Index. It labelled Swaziland an ‘authoritarian’ country.

It said ‘In these states [authoritarian], state political pluralism is absent or heavily circumscribed. Many countries in this category are outright dictatorships. Some formal institutions of democracy may exist, but these have little substance. Elections, if they do occur, are not free and fair. There is disregard for abuses and infringements of civil liberties. Media are typically state-owned or controlled by groups connected to the ruling regime. There is repression of criticism of the government and pervasive censorship. There is no independent judiciary.’

In Swaziland, political parties are not allowed to take part in elections and most of the political groupings in Swaziland that advocate for democracy have been banned under the Suppression of Terrorism Act 2008.

The Swazi people are only allowed to select 55 of the 65 members of the House of Assembly, the other 10 are appointed by the King. None of the 30 members of the Swaziland Senate are elected by the people: the King appoints 20 members and the other 10 are appointed by the House of Assembly.

One of only two national newspapers in Swaziland is in effect owned by the King. The state controls one of only two television stations and all radio, except for a small Christian-orientated channel.

The EIU scored Swaziland 3.3 out of ten on the Democracy Index, lower than Iraq. Swaziland scored 0.92 on electoral process and pluralism and 3.53 on civil liberties.

The report followed one published in December 2016 by Afrobarometer. In that, Swaziland came last out of 36 countries in Africa in a survey on political freedom.

Also in 2016, an analysis on the legal system in Swaziland published by the Southern Africa Litigation Centre (SALC) concluded all opposition to the rule of the King was treated as ‘terrorism’ and the courts had often been seen to do the King’s bidding. 

See also

OPPOSITION TO KING IS ‘TERRORISM’

https://swazimedia.blogspot.co.uk/2016/01/opposition-to-king-is-terrorism.html

 

SWAZILAND LAST ON POLITICAL FREEDOM

http://swazimedia.blogspot.com/2017/01/swaziland-last-on-political-freedom.html

SWAZILAND FAILS ON FREEDOM PROMISE

https://swazimedia.blogspot.co.uk/2016/06/swaziland-fails-on-freedom-promise.html

 

REPORT TELLS UN OF RIGHTS ABUSES

https://swazimedia.blogspot.co.uk/2015/10/report-tells-un-of-rights-abuses.html

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.

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