SWAZILAND HUMAN RIGHTS APPEAL

The Observatory: Swaziland: Threats against members of the Swaziland Coalition of Concerned Civic Organisations

URGENT APPEAL

SWZ 001 / 1108 / 196

Threats / Harassment

Swaziland

November 21, 2008

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Swaziland.

Brief description of the situation:

The Observatory has been informed by reliable sources about threats faced by human rights defenders belonging to the Swaziland Coalition of Concerned Civic Organisations (SCCCO), in particular Mr. Musa Hlophe, Coordinator, and Mr. James Maina, in the context of a wave of repression affecting organisations labelled as “opposition groups”.

According to the information received, on November 14, 2008, the Swazi Government closed down several political organisations under the Anti-Terrorism Act adopted in May 2008 after they were branded as enemies of peace, stability, security and national progress by the Government. Following these closures, a list of individuals labelled as terrorists would have been drawn up.

A few days later, on November 17, 2008, Attorney General Majahenkhaba Dlamini said that journalists who criticise the Government would be suspected of supporting “terrorists” and arrested under the new Anti-Terrorism Act. Indeed, some provisions of the Act empowers the Prime Minister to declare virtually anyone or anything to be a terrorist entity. The Observatory fears that the law will be applied to silence dissenting voices in Swaziland.

SCCCO has not been banned yet, but according to independent reports in the newspapers and to SCCCO, the Swazi authorities would be looking for information in order to arrest Mr. Musa Hlophe, SCCCO Coordinator. He is alleged to have made a litigious statement at the funeral of a dead lawyer, Mr. Musa ‘MJ’ Dlamini, who died in suspicious circumstances planting a bomb in September 2008.

Furthermore, Mr. James Maina, who is a Kenyan political refugee in Swaziland and, as such, is prohibited to take part in political affairs in Swaziland, fears that the Government might assimilate his human rights activities with political activities and attempt to deport him back to Kenya.

The Observatory expresses its deep concern about the situation prevailing in Swaziland and in particular that of human rights defenders, including Messrs. James Maina and Musa Hlophe.

The Observatory urges the Swazi authorities to put an end to any kind of harassment against all human rights defenders in Swaziland, as well as to conform with the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, article 9.3.c which states that “Everyone has the right, individually and in association with others, to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms” and Article 12.1, which provides that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”.

Actions requested:

Please write to the authorities in Swaziland, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of all human rights defenders in Swaziland; in particular Messrs. Musa Hlophe and Mr. James Maina;

ii. Put an end to all forms of harassment against the activities of human rights organisations in Swaziland and ensure in all circumstances that their members are able to carry out their work freely without any hindrances;

iii. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” and Article 12.2, which provides that “"the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international human rights instruments ratified by Swaziland.

Addresses:

· King of Swaziland, Head of State and cheif of arm forces, MSWATI III, Royal Palace, Mbabane,Swaziland;

· First Minister, M. Barnabas Sibusiso DLAMINI, P O Box 395, Mbabane, Swaziland. Fax: (268)404 3943. E-mail (Secretary to Cabinet): sec-tocab@realnet.co.sz;

· The Ministry of justice dans constitutional affairs, Principal secretary, Mr Sicelo M. Dlamini, P.O. 924, Mbabane, Swaziland. Fax: (268)404 3533. E-mail address: psjustice@gov.sz; masilelasib@gov.sz;

· Attorney General, M. Majahenkhaba Dlamini, P.O. Box 578, Mbabane, Swaziland. Fax: (268) – 4044796. Email address: matsebulasa@gov.sz;

· Permanent Mission of the Kingdom of Swaziland to the Office of the United Nations and other international organizations in Geneva, Her Excellency Mrs. Thembayena Annastasia Dlamini, Chemin William-Barbey 51, 1292 Chambésy, Geneva. Fax: +41 22 758 94 24. Email: swazimission-geneva@dslnets.ch;

· Permanent Mission of the Kingdom of Swaziland to the Office of the United Nations in New-York, 408 East 50th Street, New York, NY 10022. Télécopieur : (212) 754-275.

Please also write to the diplomatic mission or embassy of Swaziland in your respective country.

***

Paris-Geneva, November 21, 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

E-mail: Appeals@fidh-omct.org

Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80

Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

SWAZI PRINCESS TELEVISION SHAME

I wrote in May 2008 that Swaziland King Mswati III’s eldest daughter Princess Sikhanyiso has been named one of the world’s most talked about royals by Forbes.

Now some kind soul has shared with us a short film that Forbes made about the girl who claims she is ‘an ambassador for Africa’.

In an interview published on the Internet site YouTube, she says she is a rebel because she pursues what she wants against all the odds.

She says she is completely honest about who she is. She is one of the king’s 22 children.

Close followers of the princess will be delighted to know that she entertains the television viewers with one of her raps. She also talks in some detail about her love of clothes and her 3,600 dollar boots. [Reality check: in Swaziland 70 per cent of the population live in abject poverty earning less than one dollar a day.]

Princess Sikhanyiso concludes, ‘The best thing about being royal is getting anything you want.’

The princess may come to regret her television appearance if the comments left by viewers to YouTube are anything to go by. As one contributor puts it, ‘one day she will look back on this with great shame and regret ... however, unlike the rest of us - her period of stupidity and ignorance is being documented and broadcast to the entire world’.

To see the clip click below or go to this link.

SWAZILAND HUNGER CRISIS ON TV

Readers of this blog who live in the United Kingdom (and I have more readers in the UK than in Swaziland – you figure it out) might like to know that a documentary about Swaziland’s food crisis will be shown on television tomorrow (Tuesday 16 December 2008).

The Hunger Season follows two years in the lives of rural people in Swaziland. According to the documentary makers there is an ‘unfolding humanitarian crisis’ in the kingdom. It asks the question ‘why, in spite of our incredible agricultural productivity, in spite of the Millennium Goals and a massive UN food aid programme, are we failing to solve the problem of hunger?’

In the past year about 60 per cent of Swaziland’s one million population relied on international food aid to avoid starvation.

The film tells the story of a young teacher called Justice and the children in his care living in the heart of rural Swaziland as they struggle to survive a year of drought and diminishing food handouts. The film connects their story to the Swazi Government, to the UN agencies and ultimately Western governments, unravelling the forces at work in one crisis, charting the players and decision makers who actions will determine the fate of one small community.

To read more about the Hunger Season and to see a short promo film click here.

The documentary will be shown on the Freeview satellite channel More 4 at 10pm.

SWAZI COURT TO RULE ON MASUKU

A Swaziland High Court full bench will next week hear an application brought by Swazi political formations and trade unions, which are seeking an order allowing incarcerated People’s United Democratic Movement (PUDEMO) President Mario Masuku’s friends and other people to visit him at the Matsapha maximum security prison.

Masuku is charged with sedition, arising from an alleged case of terrorist activity.

According to a report in the Swazi Observer today (12 December 2008), PUDEMO’s Secretary General Siphasha Dlamini, in her affidavit, says since Masuku was arrested, visitation rights and access to him by friends, colleagues and associates had been extremely limited.

She says that on separate occasions British Deputy Commissioner Mark Norton, Swaziland Federation of Trade Unions General Secretary Jan Sithole and a delegation from the Council of Swaziland Churches were refused the right to see Masuku in Matsapha.

SWAZI POLICE TORTURE BOMB SUSPECT

When Swaziland’s King Mswati III declared war on his own people in his attempt to rid his kingdom of ‘terrorists,’ he started an international diplomatic row.

During his speech, described, even in Swaziland where nobody is allowed to criticise the king, as ‘emotional’, King Mswati blamed neighbouring South Africa for harbouring terrorists.

This follows the arrest of a South African after a bomb detonated in a car near one of King Mswati’s palaces in Lozitha in September 2008.

South Africans Amos Mbenzi and Jack Govender were in the car when it exploded.

Govender was killed in the blast and Mbenzi was arrested and, according to South African media reports, is being held in solitary confinement in a Swazi jail, where he is allegedly being tortured. Both are members of the South African Communist Party (SACP).

According to a report in the South African newspaper Business Day,‘South African officials, none of whom want to speak on the record, describe relations with Swaziland since the blast as “sensitive” and “tense”’.

Business Day reports, ‘South African officials and activists close to Swazi democracy groups say the Swazi government has told SA it has “proof” of collusion between South African nationals and those responsible for violence in the kingdom.

‘The Swazi regime has complained to SA about the alleged role of “Cosatu House” in assisting an uprising in the country.

‘Cosatu House, the head office of the Congress of South African Trade Unions (Cosatu), is host to the Swaziland Solidarity Network, an alliance of organisations campaigning for democratic reform in Swaziland, as well as the SACP and the Young Communist League (YCL).

The newspaper reports behind-the-scenes talks between the two governments were brought into the public domain after a recent Cosatu central executive committee (CEC) meeting at which the federation took aim at the insinuations of the Swazi government. The CEC noted the impact of the border blockades, in which Cosatu played a leading role, to the extent that the Mswati government wrote to the South African government to demand why they did not act to prevent people subverting their country.

Activists in Swaziland fear a further clampdown from Mswati’s police and army, whom they accuse of ruthlessly quashing any attempts to bring about reform.

Cosatu and the SACP rejected suggestions that they are involved in the bomb blast.

To read the full Business Day report click here.

SWAZI DEMOCRAT SEDITION CHARGE

Mario Masuku, the leader of the Swaziland political party arrested on a terrorism charge, has been charged with sedition.

Masuku, who is President of the People’s United Democratic Movement (PUDEMO), appeared in court on remand yesterday. After the hearing Masuku’s lawyer Thulani Maseko announced that the new charge had been laid against Masuku.

This is the third charge Masuku has faced since he was arrested the day after Swaziland’s illegally appointed Prime Minister Barnabas Dlamini declared PUDEMO (and three other political formations) to be a ‘terrorist’ organisation. This meant that any member or supporter of PUDEMO could be charged under the Suppression of Terrorism Act.

When they first arrested him, police charged Masuku with possessing information about how to make explosives. When they found no evidence to support this, the police changed the charge to supporting terrorism by making a public statement at a funeral. Now, according to a report in the Times of Swaziland today (9 December 2008), the police are claiming that the remarks made by Masuku amount to sedition.

In a further development supporters of Masuku who wanted to petition the Swazi High Court yesterday to allow people to visit him in prison were thwarted because no judges were available to hear the case.

Masuku is due to appear in court again next Monday.