Swaziland: slow, but steady descent into chaos
Swaziland - slow, but steady descent into chaos
Today - 6 September - marks the Independence Day in Swaziland. While most nations in Africa have made vast strides towards democracy, good governance and the rule of law in the post-independence era, Swaziland's 1.2m people continue to live under the iron yoke of absolute monarchy and suffer persistent abuses of fundamental rights.
Swaziland is a lower middle income country with per capita GDP estimated at USD 2,429 in 2009. The relatively high per capita income masks glaring inequalities in Swazi society. The share of income of the lowest 20% of the population was only 4.5% in 2000. Unemployment remains high. The economy remains reasonably diversified with industry accounting for some 37% of the GDP. The country has been going through bouts of political and social unrest since the early 1990s, which has taken its toll of the economy and the standard of living of its population. The economic growth slowed down from 3.5% in 2007 to 2.4% in 2008 while Inflation has accelerated in recent years. Life expectancy at birth dropped from 51 years in 2000 to 45.8 years in 2009 while under-5 mortality was as high as 83 per thousand in 2008. HIV/AIDS has become a very serious public health problem. This year's figures put the prevalence rate at 32.4% in the age-group 15-49, making Swaziland by far the worst affected country in the world. 'Today, Swaziland is at the epicentre of the global HIV/AIDS pandemic. It now finds itself facing a social disaster of historic dimensions', says the World Bank.
International Day of Action
The TUC, its affiliates and Action for Southern Africa (ACTSA) are organising a number of activities on 7 September 2010 on the occasion of the Swaziland Democracy Day with a view to mobilising support for democracy, good governance and respect for human rights in Swaziland. These activities will complement, and coincide with, similar action being organised by trade unions and civil society in Swaziland, South Africa and in some other countries. The TUC and its affiliates welcome the opportunity to support Swazi colleagues in their difficult protracted struggle to defend human and trade union rights and promote democracy and the rule of law in their country.
Trade union and human rights
Although Swaziland has ratified all the key conventions relating to the fundamental rights at work, it has been very slow in introducing legislation to give effect to the rights and entitlements enshrined in them. In the past few years, the international trade union movement spearheaded by the International Trade Union Confederation (ITCU) has condemned the violations of human and trade union rights and made a series of complaints to the ILO regarding them. With a complete ban on political parties, trade unions have been in the forefront in the struggle for democracy, incurred the wrath of the authorities and borne the brunt of harassment and repression. Jan Sithole, former General Secretary, Swaziland Federation of Trade Unions (SFTU) has been a victim of police brutality on numerous occasions.
The TUC has mobilised support among its affiliates and in the international trade union movement for the promotion of democracy and the rule of law, joined the international trade union in strengthening trade union structures and institutions in Swaziland and continued to denounce the flagrant violations of trade union and human rights in the ILO. In 2010, the Committee of the Experts on the Application of Conventions and Recommendations reminded the Government of Swaziland of the importance it attached to the full respect of basic civil liberties such as freedom of expression, of assembly and of the press and emphasized that the freedom of assembly constituted a fundamental aspect of trade union rights and that the authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof, provided that the exercise of these rights did not cause a serious and imminent threat to public order. The Committee also called upon the Government of Swaziland to ensure the release of any persons being detained for having exercised their civil liberties and urged the Government to take concrete and definitive measures without delay to effectively repeal the 1973 Decree and amend the 1963 Public Order Act as well as the Industrial Relations Act in order to fully comply with the requirements of Convention No 87. The Committee further urged the Government of Swaziland to accept a high-level tripartite mission in order to assist the Government in bringing the legislation into full conformity with Convention No 87, to hold an inquiry into the May Day 2010 incident and to facilitate the promotion of meaningful and effective social dialogue in the country. The Committee has also made comments critical of the application of C29 relating to forced labour and that of C111 on discrimination.
In May this year, Sipho Jele, member of the Swaziland Agricultural and Plantations Workers Union (SAPWU) affiliated to the Swaziland Federation of Trade Unions (SFTU), was found dead in police custody. His family was told that Sipho Jele, who had been arrested under the Suppression of Terrorism Act, was found hanged in his cell. Jele had been an activist of the People's United Democratic Movement (PUDEMO) and was wearing a PUDEMO T-shirt at the time of his arrest. The TUC, in a protest letter to the Swaziland High Commissioner in London, expressed deep concern over his death and requested that an independent investigation into the circumstances of the death, including an autopsy by an independent pathologist be held without delay and that those responsible be brought to trial if any foul play was involved. The Swaziland High Commission has not yet responded to the letter. An independent pathologist who held an inquest into his death has found it 'perplexing' and cast doubts on the suicide theory.
In July 2010, Amnesty International issued an urgent action alert about the harassment of political activists, human rights defenders and trade unions as part of a crackdown on the opponents of the regime under the 2008 Suppression of Terrorism Act (STA). Amnesty points out that 'Some of the house searches of individuals, including those accused of being members of, or sympathetic to, banned political organizations, have been conducted without search warrants and in the early morning hours by armed police. Some were denied the right to make calls during the prolonged search operations. Some were later taken to police stations for interrogation about their political activities.'
Reaction from Government
So far, the authorities have been impervious to allegations of human rights abuses and disdainful of all criticism and seem content to simply point to the numerous provisions in the Constitution dealing with a catalogue of freedoms. In essence, the Swazi Government takes shelter in the constitutional provisions without concerning itself about appropriate and adequate measures to be taken to give effect to them or explaining its conduct when it manifestly falls foul of them. No doubt, guarantees of rights and freedoms abound in the Swazi Constitution enacted in 2005. The Constitution, replete with an impressive array of freedoms ranging from the freedom of expression in varied forms to that of movement, enumerates various rights of citizens including those of workers and is quite specific in its treatment of the rights of women and children. In fact, Chapter III of the Constitution is entirely devoted to the protection and promotion of fundamental rights and freedoms. Nevertheless, in practice, as recent incidents have amply demonstrated, the regime remains stoically indifferent to any criticism and has adopted a rather cavalier attitude towards allegations of abuses of human rights. It has no qualms about riding rough shod over the very rights and freedoms it professes to protect
The TUC stands in solidarity with the Swazi people in their long, just and arduous struggle for democracy, the rule of law and good governance, wholeheartedly supports them and salutes them for their courage, determination and sense of dedication to their cause.
We wish them every success.
Swaziland, Quick Facts, World Bank, 21/08/2010
Millennium Development Goals, Swaziland, WB data, 2010
Employment to population ratio in the 15+ group is 50%, op cit
Swaziland, Country Brief, World Bank, 21/08/2010
ILO Conventions 87, 98, 29, 105, 100, 111, 138 and 182
http://www.tuc.org.uk/international/tuc-18065-f0.cfm
Report of the Committee of Experts on the Application of Conventions and Recommendations, 2010
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