(OSISA) The security forces use STA to oppress activists
Submitted by Richard Lee on Tue, 2013-11-19 12:59
By Richard Lee | November 19th, 2013
From George Soros' OSISA or Open Society Initiative for Southern Africa. - MrK
In a letter to Swaziland’s Prime Minister, 25 organisations called on the government to amend the reviled and unconstitutional Suppression of Terrorism Act (STA), which has been used to target opposition leaders and activists rather than ‘terrorists’ since its enactment in 2008.
“Instead of being narrowly used to target real terrorist threats, the STA is routinely used to suppress legitimate political speech in violation of fundamental rights that are guaranteed under the Swazi Constitution, including the rights to personal liberty, freedom of expression and freedom of association,” said Musa Hlophe, Chairperson of the Swazi Coalition of Concerned Civic Organisations.
The local, regional, and international organisations are calling on the government to amend the STA so as to bring it into line with the Swazi Constitution. In particular, the organisations have urged the authorities to narrow the STA’s overly broad definition of ‘terrorist act’ and ensure that there is fair and adequate opportunity for organisations that are designated as ‘terrorist groups’ to challenge that classification.
In June, the then Minister of Labour and Social Security, Lutfo Dlamini, promised that the government would narrow the definition of ‘terrorist act’. However, the authorities have shown no sign of fulfilling this pledge.
“The Attorney General and the Minister of Justice and Constitutional Affairs are given wide discretion to classify an organisation as a terrorist group,” said Simon Delaney, Media Law consultant at the Southern Africa Litigation Centre, which is one of the signatories to the letter. “There is a strong risk of incorrect identification as officials need only have reasonable grounds to believe that the group is engaging in terrorist activity – which is an impermissibly low standard. And groups have little recourse when they are designated.”
In addition to its constitutional obligations, Swaziland is a signatory to a number of international treaties, which place obligations on the country to ensure that its legislation, including the STA, adheres to international norms and standards.
“Although counter-terrorism measures are vitally important in any country, these measures must still adhere to domestic and international human rights law and comply with international standards,” said Sipho Gumedze, of Lawyers for Human Rights (Swaziland). “However, the STA fails this test. It is time that it was thoroughly overhauled.”
The following organisations have signed the letter:
Amnesty International
Coalition of Informal Economic Associations of Swaziland
Constituent Assembly of Civil Society Organizations
Concerned Christian Church Leaders
Council of Swaziland Churches
Foundation for Economic and Social Justice
Human Rights Institute – International Bar Association
Human Rights Watch
Lawyers for Human Rights (Swaziland)
Legal Assistance Centre
Luvatsi Youth Empowerment
Media Institute of Southern Africa (Swaziland Chapter)
Southern Africa Litigation Centre
Swaziland Agricultural and plantations Workers Union
Swaziland Coalition of Concerned Civic Organizations (SCCCO)
Swaziland Democracy Campaign (SDC)
Swaziland National Association of Teachers
Swaziland National Union of Students
Swaziland Positive Living
Swaziland Rural Women's Association
Swaziland United Democratic Front
Swaziland Youth in Action
Swaziland Young Women's Network
Trade Union Congress of Swaziland
Women For Women
Women in Law in Southern Africa (Swaziland Chapter)
Labels: COLOUR REVOLUTIONS, FREEDOM HOUSE, OSISA, SWAZILAND
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(OSISA) 40 years without parties and without democracy in Swaziland
Submitted by Richard Lee on Tue, 2013-10-29 11:00
By Richard Lee | October 29th, 2013
The government of Swaziland and the country’s absolutist monarchical system has once again come under fire at the Africa Commission on Human and Peoples’ Rights (ACHPR) in Banjul.
A series of Swazi civil society groups took to the floor at the 54th Ordinary session of the ACHPR to lambast their government for holding undemocratic elections, violating people’s rights and refusing to implement previous recommendations of the Commission.
Two years ago, the ACHPR adopted a resolution calling on the Swazi authorities to take all necessary measures to ensure the conduct of free, fair and credible elections in 2013.
Needless to say, King Mswati III and his clique took no notice of the resolution and the recent polls were once again held under the undemocratic Tinkhundla system, which bans political parties from participating – violating Swazis’ rights to freedom of association and assembly.
During its submission, the Human Rights Association of Swaziland (HUMARAS) stressed that while the September elections were largely free of violence, they could not be seen as credible because “despite appeals from citizens and Swaziland’s regional and international friends, including this very Commission, the exercise of freedom of association remained severely curtailed. The election once again took place under a no party system.”
HUMARAS urged the Commission to call on the Swazi government to “put in place enabling legislation for the unequivocal unbanning, recognition, registration and operationalization of political parties in the country” so as to usher in multiparty democracy, which operated in Swaziland from independence until 1973 and which is – crucially – supported by the majority of the people and civil society.
And indeed by the Africa Union electoral mission, which criticised the absence of political parties during the elections and called on the government to implement the ACHPR’s 2012 resolution to “respect, protect and fulfil the rights to freedom of expression, freedom of association and freedom of assembly.”
HUMARAS also urged the Commission to encourage the Swazi authorities to take additional steps that would help take the country forward, including ratifying the African Charter on Democracy, Elections and Governance; convening an all-inclusive national dialogue aimed at normalising the political environment in the country; and stopping the harassment and intimidation of human rights defenders and political activists (and their families,) who are working towards promoting democracy and good governance.
Indeed, HUMARAS also gave a separate statement on the situation of human rights defenders, highlighting the continued existence of restrictive laws (such as the Sedition and Subversive Activities Act; Public Order Act and Suppression of Terrorism Act, which all violate human rights instruments that Swaziland is a party to) and the lack of effective access to justice delivery structures, which are compromised by a lack of independence and interference by the executive.
HUMARAS singled out the moribund Swaziland Human Rights Commission – the status of which underlines the authorities’ complete disregard for Swazi’s fundamental rights. “Since its establishment four years ago, legislation has not been passed to operationalize it in an independent manner. It is located in a royal enclosure and deemed unfriendly to human rights and political activists.”
If that were not enough, HUMARAS added that “women in mourning and wearing trousers are not permitted to enter that enclosure.”
And to cap it all, the group pointed out that the “Commission rarely makes statements on or responds to report on human rights violations.”
Unsurprisingly, HUMARAS called on the ACHPR to urge the Swazi government to operationalize the Human Rights Commission as well as to remove unjustified legal restrictions on the human rights and fundamental freedoms of Swazi citizens and to ensure that its security forces and other state agents do not interfere in the legitimate and peaceful work of human rights defenders.
Meanwhile, after raising similar concerns about the 2013 elections, the Lawyers for Human Rights Swaziland (LHR(S)) also told the Commission that the government had still not amended the law to allow TUCOSWA (the only workers’ federation in the country) to be registered despite its undertakings before the International Labour Organization in Geneva – so there is still “no workers’ federation in Swaziland, although there is an employer’s federation.”
The lawyers also highlighted that the media was under attack and that the judiciary is “perceived to be lacking independence as a result of the compromised manner of appointing judges and the role of the Judicial Service Commission.”
Considering the litany of criticisms, the LHR(S) implored the Commission to consider another mission to Swaziland and to encourage the Swazi government to submit its periodic report to the Commission as well as to urge the authorities – echoing the demand from HUMARAS – to operationalize the National Human Rights Commission.
Interestingly, Women and Law in Southern Africa (WLSA) began its submission by commending the government for (finally) passing the Sexual Offences and Domestic Violence Act and for (finally) ratifying the Maputo Protocol. But its praise-singing did not last long.
Firstly, WLSA called on the state to “go beyond ratification [of the Protocol] and begin processes of domesticating and implementing this very important and progressive African instrument.” And the group also urged the government to allocate resources to enforce the new sexual offences act.
And secondly, WLSA made it clear that “discrimination persists in all spheres of life and is continuously reinforced by the socio-cultural norms that relegate women to inferiority and in turn subordination” and that senior government and traditional authorities regularly made pronouncements that contradicted the State’s articulated aims to attain gender equality – and yet nothing was done to rein them in.
For example, during the election campaign, a chief told his community not to vote for a widow, while another young woman was stopped from being nominated as she was wearing trousers. Neither woman won a seat. And in neither case was anyone disciplined. Indeed, the chief was reappointed to parliament by the King.
Even worse, only one woman was elected to parliament – a “very serious regression” – while the King did not follow the constitution and appoint at least five women to the House of Assembly. But as WLSA pointed out, “because of constitutional immunities, we cannot challenge this in any court of law.”
It will be interesting to see how the ACHPR acts now, especially after its earlier resolution was treated with such contempt by the Swaziland government.
But considering that the AU electoral mission criticised the recent polls and that civil society has once again issued a clear, coherent and powerful call for action, the Commission will surely adopt another resolution calling on Swaziland to implement reforms?
But will King Mswati and his regime take any more notice in 2014 than they did in 2012?
Labels: GEORGE SOROS, NEOLIBERALISM, OSISA, SWAZILAND
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Sata surrounded by people who are not genuine - Luonde
By Chiwoyu Sinyangwe
Mon 07 Oct. 2013, 14:01 CAT
FR Richard Luonde says it is unfortunate that President Michael Sata is surrounded by people who are not genuine and did not struggle with him when he was in opposition.
Commenting on the statement by chief Matanda of Mansa district that he had reservations about some of the people that were surrounding President Sata,
Fr Luonde, who is Open Society Foundation (OSF) board chairperson, said there was a lot of cheating in the PF at the moment.
"Yes, chief Matanda was very right to say that because when PF formed government, I came out and advised them to be careful with the people to take on board. People struggled to change government because they wanted things in terms of governance to change in the country," Fr Luonde said.
"People wanted to see a new breed of leaders rising in 2011. But we are now seeing so many people crossing over to the PF; people who do not even understand the PF's manifesto. They have not even read it."
He said most people who had joined the PF were only interested in serving their pockets and not the ordinary Zambians.
"Just look at what is happening in the country today. Those that are resigning from the PF have already started insulting the party," Fr Luonde said.
"They have forgotten that that is the same government that was giving them fuel, salaries and other things. Some people are even rising against Wynter Kabimba… instead of just finding proper ways of resolving the matter."
He said those that risked with President Sata when he was in opposition were still wallowing in 'political' poverty.
Fr Luonde said it was surprising that only a few people in government were talking about the unprecedented development that the country had witnessed in the two years that PF had been in power.
"These are the same people who will leave the PF when another party comes into power. But they should not take things for granted because the PF is still in power, and they should not think that what the PF has done can be done by another party," said Fr Luonde.
Speaking recently when Vice-President Dr Guy Scott paid a courtesy call on him at his palace, chief Matanda said he supports President Sata but has a problem with some of the people surrounding him.
"I was instrumental in the change of government from the MMD. I support President Sata but I have reservations with the people he is working with and some people surrounding him because they do not share his vision for this country," said chief Matanda.
Labels: CHIEF MATANDA, GEORGE SOROS, MICHAEL SATA, OPEN SOCIETY FOUNDATION, OSISA, PF, RICHARD LUONDE
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Prof Banda urges media to develop principles of development journalism
Written by Kabanda Chulu
Thursday, April 09, 2009 8:54:23 PM
OPEN Society Initiative in Southern Africa (OSISA) programme manager Deprose Muchena has challenged journalists to create debate and demand for policy change to shift away from the fundamentals of the IMF and the World Bank.
And Rhodes University Media Studies and Journalism Professor Fackson Banda has urged media institutions in Southern Africa to embrace principles of development journalism in order to bridge the gap between official sources of news and ordinary people.
During a sub-regional media workshop themed “Reporting Economic Partnership Agreements: prospects, promises, pitfalls” in Johannesburg, South Africa on Tuesday, Muchena said the global economic crisis had exposed the inertia and laziness of African leaders.
He accused African leaders of being agents of imperialism by not expressing their voices over the world economic crisis.
“When the issues started, they told us that we are insulated and we will not be affected and but now we are affected and they just met in November 2008 and formed a committee to carry out some findings but up to now this committee has presented their findings and yet people are suffering, actually this is not strange because Africa is used to deal with consequences all the time and these leaders are busy defending capitalism and its misguided tenets,” said Muchena.
“But since the African leadershipsí voice is missing, we challenge the media to create debate and demand for policy change to move away from the Washington Consensus because its institutions like the IMF and World Bank have no solutions to our problems, in fact the global crisis is a result of their ‘economic prescriptions’ which they impose on others.”
And Prof Banda said embracing development journalism would ensure the empowerment of all voices in society through participatory dialogue.
“It is difficult to move away from the usual ‘official sources’ of news but it is possible to embrace development journalism and bridge the gap so that the voices of ordinary people can be heard as well,” said Prof Banda.
The media workshop was organised by the Economic Justice Network (EJN) of the Fellowship of Christian Councils in Southern Africa (FOCCISA) and drew journalists from across Southern Africa and civil society organisations involved in trade activism and development matters.
Labels: DEVELOPMENT, FACKSON BANDA, OSISA
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