MBABANE – A foreign human rights activist and refugee has allegedly been forced to leave for supposedly bringing the international image of the country into disrepute.
James Maina Kabutu, a Kenyan national, was allegedly given seven days by the police to voluntarily leave the kingdom or face being deported to his homeland.
International watchdogs on human rights have already been informed about this development.
Kabutu opted for the first option and subsequently left the kingdom last Thursday, December 11, 2008. Given that he was allegedly wanted dead in Kenya, a situation that had forced him to seek refugee status in Swaziland, Kabutu flew to the United States of America (USA).
His time in the country was spent helping the Swaziland Coalition of Concerned Civic Organisations (SCCCO) with human rights and civic education work.
The SCCCO has confirmedthe expatriate’s departure and the cloud of controversy under which he left.
SCCCO Co-ordinator Musa Hlophe said Kabutu made a sworn affidavit detailing the events that led to his departure.
Wrong
According to the Coalition, Kabutu rubbed the state the wrong way when he notified human rights groups, the Human Rights Observatory, about pressure exerted on human rights workers in the kingdom.
In turn, the Human Rights Observatory put out a protection notice alerting the world and the Swazi government about this situation, specifically naming Hlophe and Kabufu as some of the people being victimised.
As a result of the notice, the police Intelligence Unit in Manzini hauled Kabutu for an ‘interview’.
"…they also added that any further attempts to bring the international reputation of Swaziland into disrepute would result in him being forced to live in a refugee camp or deported home.
"Seven days afterwards Mr Maina was again interviewed by the police who said the attorney general had now been contacted by the UN (United Nations) Special Rapporteur on Human Rights Defenders and that Maina had been warned about the consequences of bringing Swaziland into disrepute, therefore, he had seven days in which to voluntarily leave the country or he would be deported back to Kenya," claimed the SCCCO.
Hlophe described Kabutu as a fine African who brought many insights and examples of human rights and civil society activities. He said although he would be missed at the Coalition, their first duty was the safety of their personnel.
In Swaziland the political elite make up the rules as they go along in their attempt to subvert the rule of law and stop the kingdom becoming a democracy.
When Barnabas Dlamini was illegally appointed Prime Ministerof Swaziland by King Mswati III in October 2008 there were widespread fears that the kingdom would slip into a lawless state. The fears seemed justified because the last time Dlamini was Prime Ministerhe caused local and international outrage when he refused to abide by decisions of the courts. He also unleashed a reign of terror against anyone who supported democracy and argued against the king and government. In Swaziland, the king is an absolute monarch and the parliament has little real power.
In October, King Mswati told Barnabas Dlamini to get terrorists and anyone who supported them and within weeks of his appointment Dlamini had branded four political formations as ‘terrorists’ and had one of their leaders, Mario Masuku of the people’s United Democratic Movement (PUDEMO) arrested on terrorism charges.
All of this was done in line with the Suppression of Terrorism Act 2008.
Now it appears that Dlamini has acted illegally again. The Suppression of Terrorism Act was not in force when Masuku was alleged to have made statements against the state that amounted to the support of terrorists. It may also be that Dlamini’s branding of the political formations is also illegal.
None of this will matter to Dlamini and the police force who do his bidding. Already they have altered the charges against Masuku after they realised there was no evidence against him. At first he was charged with having information on weapons making, then he was charged with making statements at a funeral in support of terrorists, and then the ruling powers came up with a general charge of sedition.
Masuku has filed an applicationin the Swazi High Courtthat at the time he allegedly committed the offence of supporting terrorism the Suppression of Terrorism Act had not come into effect.
In his application to the High Court, Masuku says the government ‘acted maliciously without applying themselves to the law because the intention is clearly to silence me and the legitimate democratic voice in Swaziland’.
Masuku goes on to state, that the government hopes ‘to instil fear in the citizentry and therefore perpetrate undemocratic rule’ and that ‘the Suppression of Terrorism Act is merely being used as a tool to render ineffective the voices of dissent in our land.’
Journalists covering a traditional ceremony in Swaziland were harassed, banned and had their equipment confiscated by the police while trying to cover the event.
Brian Mohammed, a journalist with the Times of Swaziland, was banned and kicked out of a royal residence where he had gone to cover the first day of the Incwala event.
According to a reportfrom the Media Institute for Southern Africa (MISA), a police officer, who gave no reasons for his actions, told Mohammed that he was not welcome to cover the event and ordered him to leave. Not even the intervention of a colleague from another media house could convince the officer to allow Mohammed to cover the event so he eventually left without covering the event.
A television crew from the South African Broadcasting Corporation (SABC) also felt the brunt of police harassment. They had their equipment confiscated by the police when they were caught filming the event. This was despite the crew having the necessary accreditation.
Members of the SABC crew were quoted in the local media saying that the police had confiscated their equipment without giving any valid reason. It was not until the intervention of traditional authorities that the journalists were able to get their equipment back. But even then, they were told to stop covering the event.
During the festival’s main event on Monday (15 December 2008), MISA said, the situation was even worse as there was a blanket ban on media coverage of the event. Police officers made it a point that no journalist took photographs and those who attempted to do so had their cameras confiscated. No reasons were given for the blanket ban.
The MISA Swaziland chapter said these actions violate the freedom of the press. MISA-Swaziland plans to raise this with the relevant government and traditional authorities.
This was the first time the media have been harassed and banned during the Incwala ceremony. In the past, the media have been allowed to cover this event without any problems, though there were some limits, MISA said.
Swaziland Coalition of Concerned Civic Organisations Media Statement
December 15, 2008, Manzini
Thursday 11 December, Human Rights Activist Mr James Maina Kabutu left Swaziland after a campaign of intimidation and pressure from the Royal Swazi Police left him in fear for his safety and even his life.
Mr Maina, a Kenyan national who had to flee from the violence in Nairobi that erupted after the December Elections was in Swaziland as a refugee. The nature of his work and the continuing unrest in Kenya meant that it was not safe for him to return there.
His time in Swaziland was spent helping the Swaziland Coalition of Concerned Civic Organisations (SCCCO) with its human rights and civic education work.
In light of the increased pressure on the Coalition’s Co-ordinator, Mr Musa Hlophe by the government, the Police and even parts of Swazi media that sought to falsely portray Mr Hlophe as a supporter of terrorism, it was obvious that some sort of protection for human rights defenders in the country was required.
Mr Maina contacted the Human Rights Observatory, which then put out a protection notice alerting the world and the government of Swaziland to the increased pressure on Human Rights Defenders in general and specifically naming Mr Hlophe and Mr Maina.
As a result of this notice Mr Maina was interviewed by the Police in Swaziland’s second town of Manzini. They told him that they were not looking for him directly, only his boss Musa Hlophe. However, they also added that any further attempts to bring the international reputation of Swaziland into disrepute would result in him being forced to live in a refugee camp or deported home.
Seven days afterwards, Mr Maina was again interviewed by the police who said the Attorney General had now been contacted by the UN Special Rapporteur on Human Rights Defenders and that Maina had been warned about the consequences of bringing Swaziland into disrepute. Therefore he had seven days in which to voluntarily leave the country or he would be deported back to Kenya. Given that this is tantamount to a death sentence for Mr Maina, he felt he could not take the risk and opted to flee the country. The threat by the Police is in direct contravention of many of Mr Maina’s rights, in particular the rights under the African Union Convention on Refugees and UN General Assembly resolution 53/144 that protects Human Rights Defenders.
Mr Musa Hlophe the Coalition’s Co-ordinator said, ‘James is a fine African. He brought many insights and examples of human rights and civil society activities from our brothers and sisters in Kenya. He will be missed by us all at the Coalition, but our first duty is to the safety of our personnel. We thank Amnesty International and Frontline in helping us to keep our people safe.’
Mr Hlophe continued ‘James came to Swaziland as a refugee and as a human rights defender, he therefore has special and clear protections under International Treaties that this government has signed and ratified. These treaties make very clear that Human Rights work is not the same as political activity and that governments must understand and respect the difference. We are saddened by his departure but rest assured that he will continue to advocate for the promotion of Human Rights in Swaziland from his new home in the US.’ Hlophe concluded his statement saying ‘It is time that our Police Force learned what our, and their, Human Rights are. The Coalition would be happy to work with them on this.’
Musa I N Hlophe
Co-ordinator
Swaziland Coalition of Concerned Civic Organisations
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.
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