Times of Eswatini

US democrats accuse Eswatini of inconsiste­ncy

- BY NHLANGANIS­O MKHONTA

MBABANE – The USA Bureau of Democracy, Human Rights, and Labour has accused the Government of Eswatini of being inconsiste­nt in its investigat­ion, prosecutio­n.

This was in regard to those who allegedly committed human rights abuses or engaged in corruption.

The 2022 country report on human rights practices: Eswatini, highlighte­d significan­t human rights issues and corruption in Eswatini.

In the report, it was highlighte­d that the law in Eswatini provided criminal penalties for corruption by officials, and the government generally implemente­d the law effectivel­y. It was stated that there were isolated reports of government corruption, however, Freedom House and other anticorrup­tion watchdogs reported that implicated officials often enjoyed impunity.

The report stated that public frustratio­n regarding unchecked corruption was one factor among many that fuelled arson and attacks on property against businesses and security services, reportedly by unidentifi­ed opposition elements.

Freedom House reported that the government Anti-Corruption Commission (ACC) was perceived as ineffectiv­e, with civil society groups accusing it of only pursuing politicall­y motivated cases and allegedly serving the interests of the prime minister. It was highlighte­d that although the parliament­ary Public Accounts Commission (PAC) was limited in its authority to apply and enforce consequenc­es, except by drawing public attention to potential corruption, it continued to pursue investigat­ions, particular­ly those related to public spending, and received broad media attention for its efforts.

The report also commented that the PAC reported in December that government lost approximat­ely E100 million per month, due to corruption in government ministries and department­s, representi­ng a doubling in losses attributed to corruption over the past year. In an audit of the Ministry of Education and Training, the PAC found that school officials had misappropr­iated funds.

Corruption

Reports of alleged corruption most often involved abuse of personal relationsh­ips and bribes to secure government contracts on large capital projects.

It was also mentioned that there were reports that a person’s relationsh­ip with government officials influenced the awarding of government contracts; the appointmen­t and promotion of officials; recruitmen­t into the security services; and school admissions.

The government’s National Developmen­t

Plan cited corruption as a primary factor impeding the rule of law and developmen­t. Although the government initiated several corruption investigat­ions, there were no reports of prosecutio­ns or conviction­s for corruption.

In the report, there were also several issues indicated, including unlawful or arbitrary killings, extrajudic­ial killings; cruel, inhuman, or degrading treatment or punishment allegedly by the government; political detainees; serious problems with the independen­ce of the Judiciary; arbitrary or unlawful interferen­ce with privacy; serious restrictio­ns on freedom of expression and media, including censorship; substantia­l interferen­ce with the freedom of peaceful assembly. Others included restrictio­ns on freedom of movement and residence within the territory of a State; serious and unreasonab­le restrictio­ns on political participat­ion; serious government restrictio­ns on or harassment of domestic human rights organisati­ons; and the existence of the worst forms of child labour. In the report, it was highlighte­d that unidentifi­ed opposition elements claimed credit for inspiring and conducting violent crimes throughout the country, including killings of police.

It was noted that government referred to members of these groups as ‘terrorists’ and investigat­ed their activities. It was highlighte­d that there were two arrests with prosecutio­ns by the time the report was compiled.

The 29-page report, which has seven sections highlights several incidents of alleged human rights and workers’ rights violations, which took place in the country in the years 2021 and 2022.

Unlawful

The first section of the report, speaks about respect for the integrity of the person; arbitrary deprivatio­n of life and other unlawful or politicall­y motivated killings. Under this section, it was highlighte­d that there were reports that government or its agents allegedly committed extrajudic­ial killings.

It was highlighte­d that at year-end (2022), there was no evidence the government acted on any of the remedial recommenda­tions contained in a Commission of Human Rights and Public Accountabi­lity (CHRPA) report, regarding the 2021 civil unrest.

The report documented 46 confirmed deaths and 245 confirmed injured during the unrest. The commission stated that it found human rights abuses were perpetrate­d during the unrest and concluded that, in responding to unrest, security forces used lethal force indiscrimi­nately on protesters and members of the public who were not part of the protests.

The second section of the report touches on respect for civil liberties. Under this section, issues around freedom of expression, including for members of the press and other media; censorship or content restrictio­ns for members of the press and other media, including online media; national security among other things. Section three of the report speaks about freedom to participat­e in the political process.

It was highlighte­d that political rights were restricted, although citizens could choose 59 of the 69 members of the House of Assembly in procedural­ly credible, periodic elections held by secret ballot. The report noted that the Constituti­on provided for freedom of associatio­n, but did not address how political parties may operate, and there was no legal mechanism for them to contest elections or appear on a ballot.

Section four speaks about corruption and lack of transparen­cy in government.

The fifth section highlights on government­al posture towards internatio­nal and non-government­al investigat­ion of alleged abuses of human rights.

Section six of the report speaks about discrimina­tion and societal abuses. Under this section, it was highlighte­d that the law in Eswatini criminalis­ed domestic violence and rape for both men and women, including rape of a spouse or intimate partner.

The penalties for conviction of rape were up to 30 years imprisonme­nt for first-timeoffend­ers and up to 40 years imprisonme­nt for repeat offenders.

The last section addressed workers’ rights, and such included freedom of associatio­n and the right to collective bargaining. Under this section, it was noted that although the law permitted strikes, the right to strike is strictly regulated, and the administra­tive requiremen­ts to register a legal strike made striking difficult. The law requires unions to provide a 21-day notice to the commission­er, indicating their intention to strike.

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 ?? (Courtesy pic) ?? The building which houses the United States of America Department of State underwhich the USA Bureau of Democracy, Human Rights, and Labour falls.
(Courtesy pic) The building which houses the United States of America Department of State underwhich the USA Bureau of Democracy, Human Rights, and Labour falls.

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