US Senate withdraws Sanctions Clause on Eswatini
THE US Senate has passed a resolution passage condemning what has been termed the human rights record of the government of Eswatini and the killing of Eswatini human rights activist Thulani Maseko.
On April 18, 2024, the Senate passed a simple resolution encouraging a full investigation into the matter of Thulani Maseko.
In a positive light, the paragraph about sanctions was entirely removed.
It is important to note that this simple resolution will not be forwarded to Congress and constitutes the final action by the Senate. Moreover, it does not represent the official position of the United States Government.
This follows successful engagements by the Minister of Foreign Affairs Pholile Shakantu who travelled to Washington last year to engage with Senator Christopher A. Coons who introduced the resolution on April 26, 2023.
As a simple resolution, this measure is used for internal chamber affairs and expresses the sentiments of a single house. It is crucial to recognize that simple resolutions can be misinterpreted or sensationalized by entities spreading misinformation and political propaganda.
Shakantu said the Kingdom of Eswatini welcomes the removal of the sanctioned language from the original formulation, as it promotes a positive and constructive engagement between two friendly nations. The revised resolution provides a solid foundation for future cooperation between the two countries.
A simple resolution does not have the force of law and requires joint application by both the Senate and Congress to be binding. This resolution does not constitute an Act and therefore has no legal implications or enforceable provisions.
Shakantu, a stalwart advocate of Eswatini’s distinctive democracy, reiterated her commitment to fostering understanding among Eswatini’s partners and key stakeholders about the nuances of Eswatini’s governance model.
In the original proposal on April 26, 2023, Coons had lobbied to encourage the Secretary of the Treasury to consider targeted sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle Fof title XII of Public Law 114328: 22 U.S.C. 2656 note) in the context of Eswatini.
The resolution passed however came back differently and stipulated that
“The amendment (No. 1819) was agreed to as follows: Purpose: To remove sanctions language) on page 13, line 24, insert ‘and’ after Eswatini.”
During the presentation she made when she went to Washington, Shakantu emphasised that the Eswatini Constitution prioritizes national interest over partisan politics. She said the Eswatini Constitution has set a unique precedent in governance.
“The King and ingwenyama’s role as the head of state and traditional leader is enshrined in the constitution, along with the rights, prerogatives, and obligations outlined by the 2005 Constitution and Swazi Law and Custom. This constitution, the product of extensive dialogue with stakeholders across all sectors of Eswatini society, was crafted with the support of the Commonwealth and the international community. Its adoption garnered widespread approval among the Emaswati populace,” she said.
Reflecting the values of many democracies, the Eswatini Constitution acknowledges the Monarchy’s role alongside a bi-cameral Parliament, the principle of separation of powers, the protection of fundamental human rights, and the promotion of the Rule of Law. Notably, it integrates the nation’s rich cultural heritage and traditional African values, emphasizing respect, consensusbuilding, and community involvement through traditional structures.
“Central to the Eswatini system is the recognition of individual merit in governance. Candidates are nominated from their communities to contest elections in constituencies known as Tinkhundla. Their accountability is to their constituencies and the national interest, rather than to partisan political affiliations. In a bid to address gender disparities in Parliament and ensure adequate representation of diverse interests, the Constitution includes provisions for gender balance and representation of underrepresented groups,” she highlighted.
Shakantu further indicated that Members of Parliament are expected to collaborate as colleagues, prioritize consensus-building over partisan divides, and strike a balance between their constituency’s interests and the nation’s welfare. The electoral process focuses on individual merit and community recognition, rather than political allegiance.
“The Eswatini Constitution stands as a testament to a governance model that places the nation’s collective interests at its core, fostering a political landscape rooted in accountability, meritocracy, and the welfare of the entire populace. In terms of our Constitution, the People through Sibaya constitute the highest policy and advisory council of the Nation. The Sibaya is constituted by the Bantfwabenkhosi (Princes/princesses), the Tikhulu (Chiefs) and all adult citizens gathered at Ludzidzini, the official residence of the Ndlovukazi (Queen Mother) under the chairmanship of the King who is known in his traditional role as the ingwenyama.
Sibaya functions as the annual general meeting of the Nation and may be called at any time by the ingwenyama to present the views of the Nation on pressing and controversial National issues,” she said.
The Eswatini Constitution was a product of dialogue that followed extensive national consultation through commissions known as Vuselas. A Constitutional Commission was presented to Sibaya and commissioned to engage in extensive local and international consultation and produce a draft constitution for public review.
A draft Constitution was prepared with the assistance of local and international experts and the draft was tabled in Parliament where it was subjected to robust debate by elected and appointed representatives in both Houses, before receiving Royal Assent and being promulgated into Law.