UPDATE

Developments in Swaziland

As at mid - August

OBJECTIVE:

This report is designed to update all allies nationally, regionally, continentally and internationally about the developments in Swaziland politically, economically and socially.

INTRODUCTION:

It should be remembered that Swaziland is the only country in the Southern African Region which has not yet been democratized. It is in fact the only dictatorship in the sub-Saharan Region.

BACKGROUND:

Swaziland has been under the State of Emergency since April 1973, when all fundamental freedoms were withdrawn from the people. Citizens were relegated to the status of being subjects. The Independence Constitution was revoked:

• Political Parties were banned;
• Freedom of Assembly was denied;
• Freedom of Expression was denied;
• Freedom of Association was denied.

The country was turned into a police state. Workers could not meet unless by permission of the Commissioner of Police.

In 1976 Swaziland joined the ILO and ratified 16 Conventions on Freedom of Association and the Right to Collective Bargaining.

The 1980 industrial Relations Act, which was drafted with the assistance of the ILO, opened new horizons for Workers, who could now assemble as Workers without prior authorization by the Commissioner of Police.

We could affiliate to International Organizations without prior authorization by Government.

We could form and join Trade Unions of our choice and we could address issues of Public Administration, Public Authority and Public Policy.

This made us the only voice for the downtrodden, and, as such, an omnibus - since no other forum was open for expression of the broader Civil Society.

In the early eighties immediately after the demise of King Sobhuza II, there was a big uprising amongst the Royalists in what could be termed a scramble for power.

A coup of the Queen Regent was approved by the then Government (LIQOQO), which also led to the dethroning of the then Prime Minister (Prince Mabandla).

This sparked an uprising from the student body at the university and the birth of PUDEMO (Peoples Democratic Movement) which was fighting for the restoration of the Queen Regent Dweliwe and social justice in the country. This episode subsided after the President King Mswati III was crowned.

At this stage there was rule by decree, and 60 days' detention without trial of all who had dissenting views was the order of the day.

The banning of parties and freedoms continued and many draconian laws under the 1973 Decree were promulgated.

In 1993 the labour movement submitted to government a catalogue of demands popularly known as the Popular 27 Demands which were tailored to address the following:

• Politically related issues;
• Labour related issues;
• Economics related issues;
• Social Security Scheme related issues;
• Gender related issues;
• Affirmative Action related issues;
• Education related issues;
• Informal Sector related issues.

Government was intransigent and did not want to address any of these issues.

A spate of national industrial actions ensued, and Government was then engaged into negotiations. Negotiations produced the following:

1. The Tripartite Task Force Report;
2. The Parliamentary Select Committee Report;
3. The Tripartite Protocol;
4. The 1996 Act Amendments;
5. The Abortion of Dr Gule's Reconciliation form.

After each of the achievements Government would disown everything they had agreed to accept. These actions were continually met with pressure from the workers.

Government then began to identify the work force as the number one enemy of the State and the following draconian actions were taken against Workers:

• Malicious arrests of the Union Leadership;
• Harassment of Workers and Activists by State Agents;
• Teargassing;
• Baton-charging;
• Shooting Peaceful Demonstrators with Live Ammunition;
• Death of 16 year old Schoolgirl Noxolo Mdluli;
• Death Threats;
• Death Attempts.

The instruments used by the Government against Workers were:

• The Notorious 1963 Public Act Order;
• Extra-ordinary Gazettes and Legal Notices based on them;
• The notorious non-bailable law, which allows detention without trial through the back door.

It should be noted that since 1973:

• The Prime Minister was appointed;
• Cabinet ministers are appointed;
• Judges are appointed;
• Members of Parliament are appointed;
• Principal Secretaries are appointed;
• Attorneys General are appointed;
• Commissioners are appointed;
• Regional Secretaries are appointed;
• Regional Administrators are appointed.

There is no devolution or separation of power. The pressure that was applied by unions was also joined by other civil society groups under the banner of the Swaziland Democratic Alliance(SDA).

The effect of the pressure that the then Prime Minister Prince Mbilini was demoted to High Commissioner in Eastern Africa, a new Swazi National Council was appointed and later a Constitutional Review Commission was appointed.

All this was done within the existence of the State of Emergency ( the notorious 1973 Decree). It is in this regard that we view this as cosmetic and not a people-driven, all inclusive process.

GOVERNMENT'S ATTITUDE TO INTERNATIONAL FORUMS:

Government's attitude internationally is to play Mr Nice to the international gallery, but to be intransigent at home. The following are living examples:

1. Government is a member of the United Nations, and, as such, bound by the Declaration of Human Rights Charter of 1949. Yet the human rights record in Swaziland is very bad to say the least. Violation here is the order of the day.
2. Government is a member of OAU and a signatory to the African Charter for Human and Peoples Rights.
3. Government is a member of the ILO and its Governing Body and a signatory to six of the seven core Conventions. Being the member of the Governing Body, Swaziland is expected to be custodian of social justice, exemplary and a cut above the rest - but the Swazi Government remains one of the worst violators of the ILO mandate.
4. Government is a member of SADC but remains the only country in the SADC region which has not democratised.

GOVERNMENT'S ATTITUDE AT HOME:

1. POLITICALLY:

• Rule by Decree:
• 1973 Decree;
• 1981 Decree;
• Extra-ordinary gazettes and various draconian legal notices;
• Decree No 1 of 1996;
• Decree No 2 of 1996.

1. SOCIO - ECONOMIC

• Over-taxation;
• Privatisation with no human face;
• Removal of subsidies;
• Escalation of hospital charges;
• Ongoing escalation of school fees;
• Bus fares high and raised without consultation with commuters;.
• Absolutely no subsidies from government as far as public transport is concerned;
• Unemployment escalating;
• University intake reduced by + - 300%;
• Corruption high.

ELEMENTS OF GOOD GOVERNANCE THAT ARE LACKING IN OUR SYSTEM OF GOVERNANCE:

• Transparency;
• Accountability;
• Effectiveness;
• Democracy;
• Social justice;
• Tolerance;
• Free, fair, regular and democratic elections;
• Economic empowerment of indigenous people and of the informal sector;
• Rule of law;
• Bills of rights.

PEACE, STABILITY AND ECONOMIC GROWTH IN SWAZILAND

For many years, Swaziland has been defined as an island of peace in a sea of turmoil. This was both a subjective and relative description at the time, but brought about inaccurate indoctrination.

We believe peace, development and democracy are inseparable and are mutually reinforcing.

We further believe that democracy is a pre-requisite for sustainable development to be realised, and that, without democracy, disparities become unsustainable and lead to imposition and domination.

This therefore means Swaziland thrived under the peace of silence facilitated and sustained by the state of emergency - and not peace, freedom, just laws, equality, participation and solidarity.

Swaziland benefited and realised economic growth which was sustainable during the apartheid regime in South Africa, civil war in Mozambique, apartheid in Namibia.

When the winds of change blew in the SADC region:

• Mozambique democratised and reached political stability;
• Malawi democratised and reached political stability;
• South Africa democratised and reached political stability;
• Namibia democratised and reached political stability.

The political stability which was acquired by these countries created a springboard for investments.

This therefore opened up Swaziland to economic and investor competition never realised or even thought of before.

The democratisation and stability in the region created broader choices and alternatives for investors. Swaziland is now experiencing a serious economic decline and the exodus of many investors to more politically stable countries.

It is now that investors realise that Swaziland was not peaceful but thrived under enforced silence.

Unless Swaziland democratises no economic development and sustenance will ever be realised, but only social strife, the exacerbation of poverty and dire destitution.

GOVERNMENT AND THE ILO

Government had and still has a case to answer before the ILO - that of gross violation of Worker Rights and Human Rights through the following instruments:

• The draconian 1996 Labour Relations Act;
• The 1963 Public Order Act;
• The 1973 Decree;
• The non-bailable offence law;
• Decrees Nos 1 and 2 of 1996;
• The extra-ordinary gazettes Nos 8 and 9 of 31 January 1997.

Upon reprimand at the ILO, government made the following undertakings:

1. To invite ILO technical assistance;
2. To meet the Tripartite and address all discrepancies as defined by both the Committee of Experts, the Committee on the Application of Standards and the Direct Contact Mission's recommendation;
3. To consider agreements reached by the Tripartite and the LAB and their amendments;
4. To engage in this exercise as soon as 27 June;
5. To address the 27 demands;
6. To produce a bill by end of August;
7. The concept of re-writing the law was accepted by all parties including government at the LAB meeting of 27 June and a time frame agreed.

SFTU's COMMENTS

• It is disheartening to say the least that irrespective of these promises made before the August ILO forum, government has not lived up to its promises.
• Instead, the Cabinet has been heard to be resisting the aspect of re-writing and the aspect of the time frames and further resisting removal of hostilities on its part.
• To date no meetings have taken place between the government and SFTU to address the 27 demands.
• Instead we've heard the legislators and some people with authority at government saying this country will not be run by ILO conventions. One other very well known senator is currently suggesting that Trade Unions be nullified in the country.
• The constitutional review commission in its entire consultative round robin exercise has been rejected and scoffed at by the populace.
• It has been haunted by massive resignations from the progressives who were appointed into it.
• School children, mostly those under age attending primary schools, have been forced out of classrooms to attend these sessions with a view to inflating attendance figures - whereas their parents, whether civil servants, teachers, workers from private sector, are not expected to discuss or participate in political debates.
• The progressive forces and some who raised voices of dissent have been blamed, accused and arrested.
• The process itself has turned out to be a sponsored campaign.
• The documents they are presenting to the populace are a collection of all the draconian decrees.
• Chiefs are openly threatening to evict any of their subjects who would speak contrary to the status-quo.
• This process is a gravy train for the chosen few commissioners.
• This process has become both the private domain and a propaganda project of the status quo.
• The economic and social reform agenda has brought IMF and World Bank Structural Adjustment programmes in through the back door. This strategy and conditionalities are applied discriminatorily and nepotistically.
• The prime minister, after a majority of the airline staff were retrenched through restructuring (including one Prince), has announced and ordered unconditional re-instatement of the Prince alone.

OBSERVATIONS:

1. It seems all diplomatic efforts ever engaged in with Government have been futile.
2. The internal pressure so far applied through industrial action has not brought enough pressure to bear for the Government to realise the need for real change.
3. Economic decline, the exodus of investors, joblessness and the escalation of crime have no meaning to government.
4. The continued interaction by SADC heads of the States has had no impact. Presidents Mandela, Chissano, Mugabe and Masire have selflessly applied themselves, but to no avail. The advice by various international leaders including Linda Chalker and other church leaders remains ignored.
5. The recommendations by the ILO and other international organisations such as:

• ICFTU - International Confederation of Free Trade Unions
• SATUCC - Southern African Trade Union Co ordinating Council
• CTUC - Commonwealth Trade Union Council
• COSATU - Congress of South African Trade Union
• NACTU - National Council of Trade Unions

We appeal that Heads of State Meetings be held in Mbabane to draw attention of the authorities to this concern.

We also appeal for pressure in October at Edinburg to assist our bona fide concern for democratisation.

WHAT WE SEE AS A WAY FORWARD:

• Removal of the elements of the 1973 Decree which remove the Bill of Rights.
• Introduce a people-driven Forum which is all inclusive and democratically elected.
• Dissolve the current Constitutional Review Commission.
• Elect an Interim Government for the period of transition until completion of a people-driven Constitution.

This is a scarce commodity in Swaziland and can only be achieved through international solidarity. For our acquisition of Freedom, there is no better tool.

Long Live the International Community!

Long Live International Solidarity!

Sustenance of Peace and Democracy in a Global Village
can only be a product of Collective effort!

We thank you for your continued Support in advance.