Need for media introspection – HR commission
MANZINI – The Commission on Human Rights and Public Administration Integrity has called upon media practitioners to do an introspection.
Speaking at the US Embassy World Press Freedom Day, Human Rights Commission Legal Advisor Phumlani Dlamini said there was a need for the media to look deep inside to see if their participation in advocating for the freedom of expression was enough.
He said the right to freedom of expression was being attacked from all ends such that journalists themselves seemed to be attacking the freedom of expression. Dlamini said it was a challenge for everyone to defend and protect the right to freedom of expression.
Dlamini said the commission was committed to assisting the media in the fight and protection of the right to freedom of expression. He stated that the media was a fundamental player in the fight to defend the right to freedom of expression.
Media
He elaborated that the commission was hoping to host a roundtable for the media and other human rights defenders to engage on how the media could be assisted and how it could assist in the advocacy drives.
“Without the right to freedom of expression, all other rights suffer prejudice and we want to ensure that the right for one to express himself or herself was fully protected and we need the media to actively participate. We are not sure if the media understands the power and role they are expected
to play, hence I am saying there is a need for practitioners to start looking into themselves. The media informs the people and all other rights rely on the availability of information. A person cannot develop because they are not informed of their rights. The freedom of expression is the lifeblood of all other rights and, therefore, the commission takes its obligations very seriously,” he said.
Dlamini further said the commission had a three-fold function including human rights, public administration and integrity. He said the commission was empowered under Section 164(1) of the Constitution, to investigate complains concerning alleged violations of fundamental rights and freedoms. The commissioner was also expected to take appropriate action for remanding, correction or reversal of instances complained about.
He added that the media was not aware of some of the things that the commission had done, which affected the pillar of publicising of findings and recommendations of the organisations.
Dlamini emphasised that the commission was not confrontational in its approach to cases and relied mostly on negotiation and compromise between the parties concerned. He said after carrying out their investigation, they usually compiled reports on their findings. He added that some of the cases were then referred to the director of public prosecution or the Attorney General’s Office for appropriate action on whether to secure the termination of the offending action or conduct the abandonment or alteration of the offending procedure. “The commission is empowered to investigate complaints of injustice, corruption, abuse of power in office and unfair treatment of any person by a public officer in the exercise of official duties. It is also empowered to investigate complaints concerning the functioning of any public service, service commission, administrative of organ of government, the armed forces, in so far as the complains relate to the failure to achieve an acceptable delivery of service or the recruitment to those services or fair administration by those services,” he said.
Leadership
Dlamini said a leadership code of conduct that sought to ensure that those in leadership, whether elective or appointed were transparent in their activities and accountable to the people they represent was established according to the Constitution.
“We are committed to the rule of law and administrative justice; we adhere to the principle of service for common goal and our duty is to oppose any abuse of office and conduct that is likely to lead corruption in public affairs. Section 241 (1) seeks to enforce the purposes of the code by requiring persons who hold public office to submit to the integrity commission, a written declaration of all property, assets or any benefit gained or liability owed by the holder of that office directly or indirectly,” he added. Dlamini said the commission was established for purposes of enforcing the leadership code of conduct and constitute the integrity.
He explained that the commission may investigate any matter where a complaint was duly made to it by any person and they accept walk-in reports alleging that the complainant had sustained an injustice as a result of a fault. He also stated that sometimes, a Member of Parliament requested the commission to investigate a matter on the grounds that a person or body of persons specified in the request had or may have sustained an injustice or any other circumstances in which the commissioner considered that the commission ought to investigate.
He stated that complains could be filed in writing to the office of the commissioner. The commission would then determine if there was a violation of fundamental rights and freedoms under the constitution.
“The commission then decides on the appropriate action for the remanding, correction or reversal of instances of the alleged violations. We strive to be a relevant and effective commission in a just society in which the principles of human rights and good governance are observed, practiced and preserved. We exist to promote and protect human rights for all and ensure equitable access to public services and the existence of a leadership that is transparent in its activities and accountable to the people it represents,” he said.
Rights
Dlamini also stated that the commission was working with other human rights defenders to protect the rights of the people.
He thanked the United Nations for supporting commission and said they were working towards removing the dependency on government. The commission was appointed by His Majesty King Mswati III, on the advice of the Judiciary Service Commission, through Legal Notice no. 143/2009. The commission consists of six members including the commissioner and five deputy commissioners.