30 October 1997

Dear President Mandela

The Freedom of Expression (FXI) Institute notes with concern the the on-going human rights violations in Swaziland and the Swazi government’s crackdown on political dissent in the Kingdom. This crackdown is swiftly taking on a more brutal form as the dissatisfaction of the Swazi people in the face of an undemocratic regime becomes more and more evident.

The FXI in particular wants to highlight the case of four members of the Swaziland Youth Congress (SWAYOCO) who are currently standing trial for wanting to speak at a public hearing of the discredited Constitutional Review Commission (CRC). The four, SWAYOCO president  Bongani Masuku, Assistant Secretary of the Swaziland Federation of Trade Unions (SFTU) Donald Dlamini, Mzobha Tsela and Mpandlana Shongwe, are expected to appear in court today (October 31) on charges of "disrupting the CRC process".

In September this year Masuku tried to address one of a number of CRC public hearings, which were ostensibly convened to allow the people of Swaziland to participate in the Constitutional writing process of their country. However, despite being the only person who wanted to address the hearing at the time, the chairman of the CRC refused to allow him to speak, leading to the arrest and charges against him and the three others. The law that they are being prosecuted under was hastily enacted earlier this year following a demonstration at another CRC hearing when pro-democracy activists tore up the proposed Constitution being touted by the CRC. The commission  seems bent on imposing this Constitution on Swaziland against the will of the people. If found guilty, they face a maximum prison sentence of five years or a fine of E5000 (R5000).

The FXI strongly protests their arraignment on these charges, which clearly violate their right to freedom of expression and is a further indication of the Swazi regime’s contempt for basic human rights.  Other recent examples of the Swazi regime’s contempt for human rights include:

* The government’s approval of a Media Regulation Bill, despite protests from journalists and other organisations in Swaziland. The Bill is a serious infringement of media freedom as it seeks to establish a statutory media council that will be responsible for, among others, the licensing of journalists in Swaziland and the enforcement of a government-imposed code of ethics.

 * The banning from entry into Swaziland of South African citizen Solly Mapaila, who is also the chairperson of the Swaziland Solidarity Network, of which the FXI is a member. Mapaila was prevented from entering Swaziland on October 17 while on his way to a conference of the People’s United Democratic Movement (PUDEMO). He was informed that he was an "undesirable immigrant whose presence is contrary to the national interest of Swaziland". Clearly it is a political move aimed at restricting Swazi pro-democracy activists’ contact and association with their colleagues and comrades in South Africa.

* The brutal beating on October 28 of over a thousand people who were protesting for democratic reform at the Matapa International Airport as the King arrived from the Commonwealth summit. A number of prominent pro-democracy activists, including the general secretary of the Swaziland Federation of Trade Unions, Jan Sithole, were beaten and many others were reportedly seriously wounded.

* The brutal beating on October 29 of over 500 members of the Swaziland Democratic Alliance who were made an attempt to protest at the airport at the arrival of Prince Charles from Britain. Five people were badly wounded.

The dissatisfaction of the people of Swaziland is evident as the strikes and protests continue. In the midst of this, the CRC, which enjoys no legitimacy amongst the people as it was handpicked by the King with a view to rubber stamping a constitution that would afford no freedom to the people of Swaziland, continues its charade of writing a new constitution.

Clearly the situation in Swaziland is becoming intolerable and the South African government can no longer remain silent. The government needs to come out strongly against the autocratic regime which is entrenching itself in Swaziland both as a matter of principle and as a sign of relief to the Swazi people in the wake of the oppression they are facing. The FXI strongly calls on the government to place pressure on the Swazi regime to:

*. Cease its crackdown on political dissent and to listen to the demands of the people;
*. Immediately scrap the CRC process or reconstitute it to ensure a legitimately constituted body that enjoys the widest possible support and participation of the Swazi people and accommodates all the shades of political opinion in the Kingdom;

We further call on the South African government to:

* demand the unconditional dropping of charges against the four SWAYOCO members, who are being criminalised for wanting to express their opinions; and
* to send a clear message to the Swazi authorities that unless and until they immediately scrap legislation which bans free expression, free political activity, and which infringes on media freedom and allows the security forces to brutalise people, the final product of the CRC will be illegitimate and unacceptable, having been constructed in the context of a repressive political environment.

We trust you will have no hesitation in standing by your principles and speaking out against oppression and human rights abuses in Swaziland
 

Yours faithfully
 

Mandla Seleoane - Chairperson: Freedom of Expression Institute

cc:

The Minister of Foreign Affairs: Mr Alfred Nzo

Director General of Foreign Affairs: Mr LH Evans