Country Report on Human Rights Practices for 1987
SWAZILAND
.
Swaziland is populated almost entirely by ethnic Swazis and
governed as a modified traditional monarchy. All executive,
legislative, and judicial powers are vested in the King, who
is advised by the Queen Mother, both of them traditional
figures, and the Ministers of the Cabinet. The King rules
according to traditional Swazi law and custom, never codified
but ultimately determined by the King and his advisors. Great
emphasis is placed on obtaining consensus as the basis for
executive decision. Swaziland's Government features both
"modern" and "traditional" branches--a cabinet, parliament,
and courts which follow Western law, and a tribal hierarchy
with "national" courts which follow traditional Swazi law and
custom. The modern Cabinet is appointed by the King from
among Members of Parliament and is responsible to him.
Political parties are outlawed, and an organized political
opposition to the Government in the sense of a multiparty
system does not exist. Parliament, which has limited
authority, consists of the House of Assembly and the Senate.
There is no constitution in effect. Swaziland's 1965
Constitution, which contained a bill of rights at independence,
was repealed by King Sobhuza II in 1973 on the grounds that it
introduced political practices which were incompatible with
the Swazi tradition of decisionmaking by consensus.
National defense is provided by the Umbufto Swaziland Defense
Force, consisting of fewer than 3,000 troops. The Royal Swazi
Police are the primary internal security force. These forces
are not able to cope with the spillover from the southern
African regional conflicts. Both African National Congress
(ANC) militants and South African security forces created
difficulties in 1987, the former attempting to use Swaziland
as a base, the latter entering Swaziland to attack the ANC.
Swaziland has an open, free economy with large export firms
that are frequently foreign owned. The Government continues
to promote private sector development and free enterprise.
Eighty percent of the population is engaged in subsistence
farming
.
There are significant restrictions on the exercise of human
rights in Swaziland, including on freedom of speech and
assembly and political rights. The Government is sensitive to
negative or potentially insulting remarks about the King and
Swazi traditions. In 1987 the Government responded to the
publication of an article critical of the Incwala, a
traditional royal ceremony, by arresting four persons involved
in writing, translating, printing, and distributing the
article and charged them with sedition. They were tried
before the High Court in late September but had not been
sentenced by the end of 1987. Following the death of King
Sobhuza II in 1982, a schism developed within the Swazi royal
family revolving around the replacement of the former King's
designated Queen Regent and Prime Minister in August 1983.
This dispute came to a head in 1987 when 12 influential
decisionmakers thought to be connected with the events of 1983
were detained.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political Killing
There were no reports or allegations in 1987 of political
killings by agents of the Government. However, several
incidents involving ANC targets occurred during the year which
were reminiscent of those committed by South African forces in
1986. On May 22, three people, including one ANC member, were
killed when their car was attacked. On July 9, two persons,
later confirmed to be ANC members by the National Executive
Committee of the ANC, were killed by unidentified gunmen
shortly after arriving in Swaziland.
During the year, incidents of violence and major robberies
increased, some involving fatal shootings which have been
blamed on Mozambicans illegally in Swaziland. In response to
these incidents, the Swazi Prime Minister issued a statement
in July calling on neighboring states to respect Swaziland's
independence and territorial integrity. Illegal entry and
violence perpetrated across Swazi borders are beyond the
ability of Swaziland's small security forces to control.
b. Disappearanceppearance
There was one report of a disappearance in 1987. According to
local press reports and ANC statements, an ANC member was
kidnaped from her home outside Mbabane on May 23 and taken to
South Africa by South African police agents. The Swazi police
report no record of this incident. South African authorities
confirmed in 1987 that an ANC member abducted in 1986 from
Swaziland is in prison in South Africa facing charges of
treason and terrorism. The South African Government denies,
however, that the South African police were involved in the
abduction as alleged.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishmenture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture, as a rule, is not practiced in Swaziland. However,
there were some reports of police threats and beatings in the
handling of common criminals and suspects. In one case, a
high court judge, after acquitting two wardens of having
beaten to death an inmate at the Matsapha central prison,
noted that, although the crown prosecutor had failed to
provide adequate evidence to prove guilt, evidence suggested
that the prisoner was murdered in prison. Defendants often
charge that confessions have been extorted by the police,
especially in trials dealing with ritual murder. These
charges by the defense are sometimes found to be substantiated
by the judges. Caning is occasionally administered to youths
involved in either petty or violent crimes. Prisons are often
unsanitary and have low nutritional standards for the
prisoners, a condition which probably reflects the country's
economic limitations rather than any intent to inflict
punishment. Prisoners are allowed visits from family members,
and the main prison includes facilities for teaching manual
trades
.
d. Arbitrary Arrest, Detention, Exile or Forced Laborrary Arrest, Detention, Exile, or Forced Labor
Swazi law requires warrants for arrests in all but certain
exceptional circumstances. These exceptions, however, are
poorly defined, and in practice police who have strong
suspicions about a suspect do not normally seek a warrant.
The police are allowed to hold a person for a "reasonable
time" without charge. In some cases, this has led to persons
being detained without charge for considerable periods. Such
detainees are allowed to consult with a lawyer of their own
choosing, though some attorneys have had difficulty gaining
access. Provision for bail exists.
A 1978 detention law permits the Government to detain any
person without charge for a renewable period of 60 days. This
law, not utilized since 1985, was invoked several times in
1987. In May the Swazi police arrested 12 leading figures in
Swazi society on the basis of a 60-day detention order signed
by the Prime Minister. The Swazi Cabinet, shortly after the
arrests, announced that the 12 were suspected of involvement
in the 1983 replacement of the late King's designated Queen
Regent. Detention orders for 11 of the 12 were subsequently
extended for additional 60-day periods. The 11 detainees were
charged with high treason before a special tribunal on November
20, 1987. The twelfth original detainee was sentenced in July
for illegal possession of mandrax and is not charged with
treason. One detainee was released in July due to poor health
on the condition that he would stand trial together with other
detainees when charges are filed. These detainees reportedly
have been carefully attended to while in prison.
On May 19, the leader of a local religious organization, the
Rhema Church, was arrested for having written an article in a
monthly church publication deemed to be insulting to the King.
He was charged with sedition under the 1938 Sedition and
Subversive Activities Act, as amended in 1983, and granted
bail by the High Court on May 22. On May 25, he was again
arrested, this time under a 60-day detention order which was
extended for an additional 60 days in August. No additional
charges were filed after the issuance of the detention order.
The bail posted to gain release on May 22 has not been
returned. In June and July, three additional persons involved
in the translation, printing, and distribution of the Rhema
Church article were arrested and expeditiously charged with
sedition and granted bail. None has been rearrested. In
October the High Court of Swaziland convicted three of the
four persons charged with sedition in connection with the
Rhema Church publication. In passing judgment, the Court
ruled that persons may be deemed to have committed a seditious
act, although such may not have been their intention, if the
objective effect of their action is to induce hatred of or
contempt for the King, his heirs, or the Government of
Swaziland. This interpretation makes it easier to obtain
convictions and increases the effective scope of the Act.
Detention under the 1978 detention law is not subject to
appeal to the courts, though it may be appealed directly to
the Monarch. In some instances, detainees have been held
incommunicado under this law.
Forced labor does not exist in Swaziland.
e. Denial of Fair Public Trial of Fair Public Trial
The right to a fair public trial is provided for by law and is
honored in practice, although the court president can order a
trial to be held in camera in certain cases (e.g., rape). The
Prime Minister can also require that a trial be held in
private, but this is rare and has not been done for several
years. Those accused are presumed innocent until proven
guilty.
In sedition cases, the Prime Minister, if he is of the opinion
that the security of Swaziland may be involved, may order that
proceedings be held in camera before a special tribunal
appointed by the King. The special tribunal may, if it deems
appropriate, adopt rules and procedures apart from those
applied in the High Court. This special tribunal has never
been convoked. However, in November the King further expanded
the power of the Government by convoking a second special
tribunal to judge the 11 persons charged with treason (l.d.
above) . The judgments of the special tribunals are not
subject to appeal, and the persons tried are not entitled to
legal representation but must conduct their own defense.
Penalties provide for imprisonment for a period not to exceed
20 years, a fine not exceeding 20,000 emalangeni
(approximately $10,000), or "any penalty recognisable under
Swazi law and custom."
The modern judiciary consists of a Court of Appeals, a High
Court, and various subordinate magistrates' courts which are
independent of executive and military control and free from
intimidation from outside forces. Many members of the
judiciary are appointed from the bars of other countries with
compatible legal systems. The current Chief Justice, for
example, is an Englishman. In magistrates' courts, the
defendant is entitled to counsel at his or her own expense.
Court-appointed counsel is provided in capital cases or where
difficult points of law are at issue. There are well defined
appeal procedures up to the Court of Appeals, the highest
judicial body.
In traditional courts, where ethnic Swazis may be brought for
offenses and violations of Swazi traditional laws or customs,
legal counsel is not allowed, but defendants may speak on
their own behalf. Swazi traditional law has not been codified.
Findings are subject to a review system and appeal to the High
Court and the Court of Appeals. Accused persons who desire
counsel can insist that their cases be transferred from the
traditional courts.
f. Arbitrary Interference with Privacy, Family, Home or Correspondencerary Interference with Privacy, Family, Home, or
Correspondence
Swazi custom places a high value on home and family. In
general, Swazi law requires a warrant issued by a magistrate
before police may search homes or other premises. However,
senior police officers are permitted to search for evidence
without a warrant if the suspected crime is of a serious
nature. This exception is frequently used. While there is no
evidence that the Government actively monitors private
correspondence or conversation, the Swazi police have been
known to apprehend and interrogate persons who reportedly had
made objectionable statements about the King during the course
of private conversation and in telegrams.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Pressof Speech and Press
Freedom of speech is limited. The previous Prime Minister
stated that Swazis critical of the Government should express
their views only to their chiefs for discussion in traditional
Swazi councils. Academic freedom does not extend to permitting
direct attacks on government figures or policy. Antigovernment
demonstrations or leaflets are regarded as seditious. Swazi
radio and television stations are government controlled, and
there is also a semiofficial newspaper. Private companies and
church groups publish several newspapers and magazines.
The media, both government controlled and private, practice
self -censorship, refraining from critical comment on sensitive
government activities or on controversial issues involving the
royal family. The arrest of four persons in connection with
an article published by the Rhema Church highlights the
resolve of the Government to control written commentary on
issues directly affecting the Monarchy. The Government has
occasionally proscribed publications, including foreign
publications, deemed to be prejudicial to the interests of
defense, public safety, or public health. Two major South
African publications, banned in 1985 because of critical
articles on Swazi domestic politics, remain excluded. No new
bannings occurred in 1987.
b. Freedom of Peaceful Assembly and Associationof Peaceful Assembly and Association
King Sobhuza ' s proclamation of April 12, 1973, reaffirmed by
King Mswati's proclamation amendment decree of 1987, prohibits
meetings of a political nature and processions or
demonstrations in any public place without the consent,
sometimes withheld, of the Commissioner of Police. In
practice, however, no permit is required for most gatherings.
Except for the prohibition of certain antigovernment activity,
freedom of association is generally permitted. Trade
associations and professional bodies exist in Swaziland and
maintain relations with recognized international bodies in
their fields.
The Industrial Relations Act (IDA) of 1980 reaffirms the right
of trade unions to exist, organize, and associate freely. It
also provides for an Industrial Court for the settlement of
employment disputes. A High Court judge presides. The
Industrial Court is empowered to hear and decide trade
disputes and grievances, to register collective agreements,
and to enjoin organizations from striking or continuing to
strike. Strikes are rare--although several occurred in
1987—and are generally considered to be "un-Swazi" by the
Government and most of the population. The Government
generally intervenes to reduce the likelihood of a strike,
which may not be called legally until all avenues of
negotiation have been exhausted. The Labor Commission can
then issue a 14-day postponement, which can be extended if
additional documentation is presented. Where the national
interest or welfare is concerned, the Minister of Labor can
forbid a strike or can refer the dispute to the Industrial
Court.
Trade unions have widened the scope of their activities since
1981 but, since most Swazis are subsistence farmers, unions
are unimportant in the economy and have little political
influence. They are able, within limits, to operate
independently of government or political control. The
Government is, however, sensitive to international influences
on Swazi unions and refused in 1986 to allow an international
meeting of trade unionists to take place in Swaziland. The
Swaziland Federation of Trade Unions, the union umbrella
organization, participates in the International Labor
Organization and is a member of the Organization for African
Trade Union Unity.
c. Freedom of Religionof Religion
Swaziland is traditionally hospitable to all religious
beliefs, informally considers itself to be a Christian
country, and permits a wide variety of foreign missionary
activity. Organized religions are free to establish places of
worship and train clergy. No licenses are required for such
organizations or in order to publish religious texts, nor are
there any bars to religious travel outside the country. At
the same time, the authorities promote the observance of Swazi
customs, where adherents reap an advantage in public life.
When these customs conflict with religious beliefs, there are
occasional difficulties. In the past, the Government has
insisted that pastoral letters criticizing social injustice
constituted political interference.
d. Freedom of Movement Within the Country, Foreignof Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Swazis may travel and work freely within Swaziland.
Citizenship is not revoked for political reasons. Swazis
generally can obtain a travel document to travel to some
states in southern Africa, but the Government occasionally
refuses to issue a passport if the applicant does not appear
to have adequate means of support while abroad. Citizenship
for nonethnic Swazis and persons of mixed heritage can be
difficult to establish, creating problems in obtaining
passports and other civil documents.
Swaziland is a signatory to the U.N. Protocol Relating to the
Status of Refugees and treats displaced persons from
neighboring states well. The largest number of recognized
refugees is the 7,000 primarily ethnic Swazis from South
Africa who fled Zulu administration in the black South African
homeland of Kwazulu. In recent years, a large number of
Mozambicans have entered Swaziland illegally to escape the
drought and the escalating civil conflict in Mozambique and to
seek employment. Approximately 35,000 displaced Mozambicans
currently reside in Swaziland, of whom approximately 5,500
have been recognized by the Government as refugees and granted
asylum. In most cases, Swaziland permits the United Nations
High Commissioner for Refugees (UNHCR) to interview the asylum
seeker first and grants asylum if the person can argue
convincingly that he or she will face persecution if
repatriated. In some cases, apprehended illegal Mozambicans
are deported. Refugees who leave Swaziland on U.N. travel
documents (e.g., for study abroad) are sometimes not allowed
to return. As in previous years, the Swazi police arrested a
number of non-Swazi ANC activists in 1987. They were turned
over to the local UNHCR representative for transfer to
countries (primarily Tanzania and Zambia) willing to receive
them.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
In practice, Swaziland is ruled by the King-in-Council . This
means that ultimate policy decisions are made by the Monarch
after obtaining the advice of the royal family, the senior
chiefs, the Cabinet, Members of Parliament, and various
interested parties. This consultation takes place in private,
and public debate of political matters under consideration by
the Monarch is rare. Legislation is passed by the Parliament
and is then submitted to the Monarch for assent--which may be
withheld. While political power is not confined to the royal
family, it is concentrated there. This system is essentially
a version of the traditional Swazi form of government. It
provides for extensive consultation and depends on slow
consensus building. It also places a premium on Swazi ethnic
descent and especially on royal or other traditionally prized
connections. The second most powerful person in the Kingdom
is traditionally the Queen Mother, and other women are
prominent as well. After the death of the King, the heir to
the throne is chosen from among the King's sons by senior
members of the royal family.
While Swazi citizens are unable to change their top executive
or political system via the electoral process, they do
participate in democratic selection of representatives.
Members of Parliament (50 in the House of Assembly and 20 in
the Senate) are chosen in a complex process involving the
interaction of a 7-member electoral committee, 40 traditional
districts, 80 electors, and the King's appointive powers.
King Mswati III dissolved the present Parliament on September
25, 1987 and new elections were held on November 5, 1 year
earlier than they would have occurred had Parliament run its
usual 5-year term. The Parliament serves as a forum for
examination and criticism of government policies, but matters
are seldom pressed to a vote and, when they are, unanimity is
usually the result.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
There is no organization in Swaziland which actively
investigates human rights matters as part of its normal
activities. However, the Swaziland Conference of Churches and
the Anglican and Catholic Bishops in Swaziland have sometimes
looked into and commented on human rights matters.
The Government is not known to have received any requests for
investigation or information from international human rights
organizations in 1987.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Unique Swazi governmental and social traditions unavoidably
create differences between ethnic and nonethnic Swazis.
Nevertheless, Swaziland makes a special effort to welcome the
full participation of non-ethnic Swazis in its life. A
significant expatriate community exists, especially
concentrated in the business and missionary areas. The
population's needs and aspirations are met on a generally
nondiscriminatory basis.
Traditional values are a major influence on the role of women
in Swazi society. Since men are away from their homesteads
much of the time, women perform most agricultural tasks and
have responsibility for virtually all child rearing and
domestic chores. However, they are not given authority to
make family decisions, and, in some cases, are not legally
equal to men. A married woman, unless her position had been
defined by a prenuptial agreement, is virtually a minor under
the law. She is not responsible for contracts she signs, and
she cannot, except in rare instances, hold real estate or
inherit property in her own nam.e. She must normally obtain
her husband's permission to borrow money, to leave the country,
and, in some cases, to take a job. A woman divorced in a
traditional court has no right to the legal custody of her
children, although she may have to care for them with no
support from their father. In the modern or statutory courts,
custody is awarded according to the interests of the child,
and maintenance for wives granted custody is generally
provided.
The Employment Act of 1980 forbids employers to discriminate
among employees because of race, religion, sex, marital
status, or political affiliation. It requires equal pay for
equal work. Even so, around 75 percent of all wage-paying
jobs are held by men, and their average wage rate by skill
category is higher than for women. However, women have access
to schools and constitute around half the student body in
nearly all institutions. There has been a significant
increase in the number of women who are lawyers, medical
doctors, and members of other professions.
CONDITIONS OF LABOR
There is extensive legislation, notably in the Employment Act
of 1980, protecting worker health and safety, with child labor
receiving special attention. The workweek in the modern
sector is 48 hours per week. There is no overall minimum
wage. The following are examples of minimum wages currently
in effect for certain job sectors based on the presumption of
a 48-hour workweek: casual labor, $0.21 per hour; cementer
$0.34 per hour; store clerk, $0.42 per hour; machine operator,
$0.45 per hour; laboratory technician, $1.52 per hour.
The Employment Act contains provisions covering the employment
of children, maternity leave, and domestic employees. No one
may employ a child below the age of 15 in an industrial
undertaking, except in cases where only family members are
employed in the firm, or in technical schools where children
are working under the supervision of a teacher or other
authorized person. Legislation limits the number of night
hours which can be worked on school days and limits such work
overall to 6 hours per day or 33 hours per week. However,
such provisions may be difficult to enforce due to the small
size of enforcement staff. In 1987 the Ministry of Labor and
Public Services conducted a safety survey of 28 industrial
establishments and determined the average yearly accident rate
to be too high. Consequently, the Ministry of Labor and
Public Services directed employers to introduce accident
prevention programs and reminded them of their responsibility,
under the Workmen's Compensation Act of 1983, to report all
accidents to the Swazi Labor Office within 7 days of
occurrence
