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TUC calls for EU action on Swaziland

Issue date

Rt Hon David Miliband MP
Secretary of State
Foreign and Commonwealth Office
King Charles Street
London SW1A 2AH

Dear David

8 April meeting of the EU Africa Working Group: Swaziland

I understand that the next meeting of the EU Africa Working Group (COAFR) on 8 April will discuss the EU's common position regarding Swaziland. The TUC would wish the British Government to take this opportunity to press the Swaziland Government to desist from its attacks on civil society and trade unions, and take steps towards the establishment of genuine democracy.

Swaziland has Africa's longest running state of emergency (36 years) and the continent's last remaining absolute monarchy. King Mswati III rules over the population by authoritarian means: political parties are banned, political and trade union activists are imprisoned and brutalised, and the parliament, judiciary, media and other authoritative bodies are controlled by the monarchy.

Independent trade union activity is severely curtailed generally and is illegal in a range of services as well as in export processing zones. The King has a personal fortune of over US $200 million while 69% of the people live below the poverty line of US $1 per day. Swaziland also has the highest HIV/AIDS prevalence rate in the world, currently 26.1%.

Despite this, the country has evaded international scrutiny for years. Leading civil society organisations including trade unions are speaking out against the lack of democracy, human rights and equality and are demanding change. Without immediate domestic, regional and international action Swaziland risks descending into a fractured and failed state.

Swaziland held a parliamentary election on 19 September 2008 under the Tinkhundla system. The Pan-African Parliament observation mission asserted that the elections infringed on the people's basic democratic rights and did not meet regional or international standards. A Commonwealth expert team made recommendations for constitutional reform to ensure political pluralism is unequivocal.

In May 2008 the controversial Suppression of Terrorism Act was passed by the Swaziland parliament. For documented evidence of the illegitimacy of this Act and its human rights implications please see the 2009 Amnesty International/International Bar Association report entitled Suppression of Terrorism Act undermines human rights in Swaziland.

Certain provisions of the Act empower the Prime Minister to declare virtually anyone or anything to be a terrorist entity. Lawyers have challenged the Act saying it violates fundamental rights of ordinary citizens protected under the constitution. Political activists and human rights defenders have become instantly criminalised under a shroud of terrorism and live in constant fear of arrest.

On 15 November 2008 Mr. Mario Masuku, President of the People's United Democratic Movement (PUDEMO), an outlawed political party, was arrested under the new Act for comments made several weeks earlier at a funeral. Masuku remains in prison to this day.

In 2008 the European Commission stated: 'The European Commission is aware about the poverty situation in Swaziland and in its regular political dialogue with the Government of Swaziland underlines the necessity for the Government to adopt a pro-poor budget and to reallocate significant funds towards the social sectors. Regarding the political situation, the Commission is aware that these elections were biased at the basis since political parties are banned and individuals can only candidate on the basis of individual merit.'

However, the EU remains a key donor to the government of Swaziland through its European Development Fund. There is significant trading between the EU and Swaziland especially in the sugar industry. It is widely accepted that much of the finance raised from trading with Swaziland directly benefits King Mswati III's estate. In spite of regular political dialogue with the Government of Swaziland, there has been no public statement critical of the situation in Swaziland, nor restrictive measures imposed on key political figures.

There is an opportunity for the European Union to take leadership and pro-active engagement on the question of Swaziland at the COAFR meeting on 8 April. Specifically we believe, together with our colleagues in Swaziland, that the EU should call for:

the repeal of the Suppression of Terrorism Act 2008 given its use as a vehicle for political suppression and the release of political prisoners;

an end to arrests of political and trade union activists, for free political and trade union activity and the return of all political exiles;

an all-inclusive constitutional review with the goal of a multiparty democracy with political parties being able to stand for elections; and

the introduction of a genuine, meaningful, result-oriented social dialogue aimed at achieving socio-economic justice, decent work and proper governance.

If the Swaziland government continues to be unwilling to implement democratic reforms the civil society and trade union organisations in Swaziland, Southern Africa, and the ITUC-African Regional Organisation have requested us, through you, to urge the EU to implement targeted measures including travel bans and the freezing of assets of key members of the government of Swaziland including the royal family until democratic measures are in place.

I hope that you will be able to act on this matter, and would welcome your views on the matter.

Yours sincerely

BRENDAN BARBER

General Secretary

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