US democrats accuse Eswatini of inconsistency
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.