CRES\005\4\2015: RESOLUTION ON SWAZILAND
We, the participants of the Forum on the Participation of NGOs in the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 30th African Human Rights Book fair held in Banjul, The Gambia from 16th to 19th April 2015;
Considering that there is no guarantee to the right to freedom of association, with government de-registering the trade union national centre, TUCOSWA;
Concerned that the government has also threatened to de-register several other civil society organisations that have challenged government policy;
Considering, that the government of Swaziland continues to arrest and imprison trade unionists, journalists and political activists;
Deeply concerned by the arrest of Thulani Maseko, a lawyer working for TUCOSWA, on 17 March 2014 and Bheki Makhubu, editor of The Nation magazine, who was arrested on 18 March 2014 and the two remain imprisoned today;
Considering police and security forces continue to disrupt union activities and civil society gatherings;
Considering that civil and political rights, though found in the constitution, are not respected in law or in practice, including the lack of recognition and registration of political parties – such as PUDEMO;
Considering existing legislation severely limits the right to freedom of association and pending legislation threatens to further undermine those rights;
Considering that an ILO High-Level Fact-finding Mission in 2014 found that “no concrete, tangible progress has been made on the various matters concerning the application of Convention No. 87, some of which have been pending for over a decade;”
Considering that the African Commission for Human and Peoples’ Rights Resolutions on Swaziland for 2012 and 2013 and promotional mission in 2005 with recommendations were completely ignored;
Further considering that the September 2013 African Union recommendations for the government of Swaziland to ensure that its laws provide for fundamental freedoms of conscience, expression, peaceful assembly, association and movement international principles for free and fair elections and participation in electoral process, have been ignored;
Urge the African Commission on Human and Peoples Rights to:
1. Call for the immediate release of all human rights defenders currently in prison such as, but not limited to Thulani Maseho and Bheki Makhubu;
2. call for the registration and recognition of political parties, trade unions and other civil society organisations;
3. Call for follow-up on previously issued African Commission for Human and Peoples’ Rights resolutions and recommendations on Swaziland;
4. Urgently send a promotional mission to Swaziland including the Special Rapporteurs for Human Rights Defenders and Freedom of Expression.
Done in Banjul, The Gambia – 19th April, 2015