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HR 119: Memorandum by the Foreign and Commonwealth Office
Swaziland: Human Rights and Constitutional Situation
1. The Foreign Affairs Committee requested a memorandum setting out the UK Government's view of the current human rights and constitutional situation in Swaziland. As requested, this memorandum also reflects the views of Paul Boateng, High Commissioner to South Africa and Non-Resident High Commissioner to Swaziland.
Overall Assessment
2. The UK Government seeks to maintain a good bilateral relationship with the Government of Swaziland. The High Commissioner and his staff are frequent visitors and the High Commissioner has taken care to foster the relationship by maintaining the UK's profile following the closure, much criticised in Swaziland itself, of our resident Mission. This enables the UK Government regularly to engage with the Government of Swaziland on the UK's concerns about the human rights and constitutional situation in Swaziland. These concerns include: restrictions on political parties, trade union rights, freedom of expression, freedom of association, the right to campaign as a member of a political party and gender equality. There are however some positive signs: the trouble-free 2008 elections and high turnout. But developments since the election - e.g. implementation of the Suppression of Terrorism Act and further marginalisation of the reformers, accompanied by the resurgence of the traditionalist/authoritarian elements around the Monarch are cause for concern. The reform agenda in Swaziland has received a major setback with resultant risks to the stability of the nation.
3. The increasing impact of the HIV/Aids pandemic in Swaziland remains a source of growing concern and is itself capable of constituting a threat to human rights, particularly those of vulnerable children, those infected with the virus and the elderly who are left as carers. DfID has no bilateral programme with Swaziland, but Swaziland is one of the beneficiaries of DfID's Southern Africa regional programme.
2008 Parliamentary Election
4. The parliamentary elections of 19 September 2008 were the first to be held under the 2005 Constitution. The Election and Boundaries Commission of Swaziland declared the election free and fair, while the reactions of international observers, which included the Southern African Development Community (SADC), Commonwealth, African Union and Pan-African Parliament, were mixed. The Committee has seen the Commonwealth Expert Team's report which concluded that the election met acceptable international standards in part, but that due to a number of factors - including the country's constitutional and legal framework - the Expert Team could not conclude that the entire process was credible. SADC representatives recommended improvements to the secrecy of the vote, better voter education and the use of transparent ballot boxes.
5. The British High Commission in Pretoria sent an unofficial observer who witnessed no serious infringements of regulations regarding electoral process.
6. The British High Commissioner expressed the view to the Government of Swaziland and the Swazi media that an election process which banned political parties could not be regarded as free and fair and did not conform to SADC's own Principles and Guidelines Governing Democratic Elections.
7. Nevertheless, the UK Government believes that the fact the elections were trouble-free is a positive development. And the turnout of 57% (199,934 votes cast from 350,865 registered voters) in spite of unfavourable weather, reflects the enthusiasm Swazis have for the electoral process on the one hand, and for their traditional institutions - demonstrating the value Swazis place on the role of the Monarch, the royal family, local chiefs and traditional leaders - on the other.
8. A bomb exploded the day after the election. It is believed that the bomb detonated prematurely, killing two members of the Swaziland Solidarity Network (SSN) who were transporting it, and injuring a third who was subsequently arrested. Following the election and the bomb incident, the King appointed Sibusiso Dlamini as Prime Minister. Dlamini is not an elected MP and had previously been Prime Minister from 1996 to 2003. His appointment signalled a hard line approach from the Government and most reformers have since been further marginalised.
Suppression of Terrorism Act
9. In May 2008, the Swazi Parliament passed the Suppression of Terrorism Act. This came into force in November 2008 and the High Commission in Pretoria has been following the application of the Act. We were particularly concerned by the use of the Act to ban four organisations in November: the People's United Democratic Movement (PUDEMO), Swaziland Youth Congress (SWAYOCO), Swaziland Solidarity Network (SSN) and the Swazi Liberation Army, now deemed to be terrorist organisations.
10. In addition, the President of PUDEMO, Mario Masuku, was charged with making statements in support of a terrorist organisation (SSN). The Deputy High Commissioner was refused access to visit Masuku in prison. He subsequently met Masuku following a remand appearance at the High Court. During subsequent meetings with the Prime Minister and Foreign Minister, the High Commissioner robustly defended the Deputy High Commissioner's actions as being consistent with normal diplomatic activity and our right to establish the facts.
11. Amnesty International has just published a report entitled Suppression of Terrorism Act Undermines Human Rights in Swaziland (on 8 January). The UK Government will consider this report.
The 2005 Constitution
12. The 2005 Constitution introduced a Bill of Rights, which included freedom of association. However, it does not allow parliamentary candidates to stand for election as members of political parties and maintains the executive role of the monarch. We hope that Swaziland will continue to develop and modernise its political and economic systems. But the further marginalisation of and restrictions on reformers since the September 2008 election give rise to continued concern.
Swaziland's Political System
13. Although Swaziland has universal adult suffrage and a bicameral parliament, it remains an absolute monarchy. Under the 2005 Constitution, the House of Assembly has 75 members, of whom 60 are elected from tinkhundla constituencies (local authorities grouping together chieftaincies). The Senate has 30 members, 20 appointed by the King and 10 chosen by the House of Assembly. The Prime Minister, appointed by the King, is not necessarily an elected member of the House of Assembly.
14. In reality, it is inconceivable that any legislation of which the King disapproved could pass into law. The House of Assembly must pass it first and then there must be a Senate majority too - and, and as noted above, two-thirds of the Senators are appointed by the King. And even after that the King must still grant royal assent.
UK Government Activity in Swaziland
15. The Non-Resident Deputy High Commissioner travels to Swaziland at least once a quarter and has frank discussions with the Government there. He also meets representatives of opposition groups, civil society, unions, churches and other members of the diplomatic community.
16. The High Commissioner also regularly travels to Swaziland, both to build the UK's profile and to counter the commonly held belief that the closure of our resident Mission reflects an abandonment of our interest. He supports personally, along with the Mission, a range of civil society organisations projects in the fields of education and rural water. He attended the 40-40 celebrations (marking the King's 40th birthday and the 40th anniversary of Swaziland's independence from the UK) and used the opportunity to raise the UK Government's concerns in conjunction with other regional leaders also in attendance. He visited again in November and reiterated to both the Prime Minister and the Foreign Minister the UK Government's concerns about the pace of reform and the absence of an unequivocal right to form political parties and contest elections. Whilst restating our condemnation of all terrorist activity, he also warned Ministers that the response needed to be both proportionate and consistent with internationally accepted human rights norms.
International Action
17. The international community continues to work closely with Swaziland on its political and human rights situation. Last year the European Union (EU) allocated €130 million for development projects in Swaziland over the next eight years. EU aid is contingent upon the implementation of a governance reform programme which will limit waste and mismanagement. The EU maintains a political dialogue with Swaziland, which takes place bi-annually, most recently on 11 December 2008.
18. Swaziland's United Nations' Universal Periodic Review of its human rights record is due in December 2011.
January 2009 |