The US State
Department has joined the growing
chorus of outrage at the High Court conviction of an editor and a human
rights lawyer in Swaziland for publishing articles critical of the kingdom’s
judiciary.
In a statement
the State Department said,
‘The United States is deeply concerned by the convictions of human rights
lawyer Thulani Maseko and magazine editor Bheki Makhubu for contempt of court
in the Kingdom of Swaziland.’
Makhubu and Maseko
will be sentenced on a date still to be announced.
The State
department said, ‘Their convictions for contempt of court for publishing
an article critical of the
High Court of Swaziland and their ongoing prolonged detention appear to
undermine respect for Swaziland’s human rights obligations, particularly the
right to freedom of expression, which is enshrined in Swaziland’s own
constitution and the International Covenant on Civil and Political Rights. The
United States strongly supports the universal fundamental freedom of expression
and is deeply concerned by the actions of the Swazi Government.’
Last month (June
2014) the United States withdrew
preferential trading status under the African Growth and Opportunity
Act (AGOA) from Swaziland because
the kingdom ruled by King Mswati III, sub-Saharan Africa’s last absolute
monarch, was not ‘making continual progress’ in enacting civil, political and
workers’ rights.
Meanwhile,
Reporters Without Borders described the conviction of Makhubu and Maseko after articles appeared in the Nation magazine, a monthly comment magazine with a
print run of only 3,000 copies, as a ‘shockingly unfair decision in Africa’s
last monarchy by a judicial system that claims to be independent but is not’.
Cléa Kahn-Sriber,
the head of the
Reporters Without Borders Africa desk, said, ‘This conviction is completely
absurd. Makhubu and Maseko have
been convicted of criticizing irregularities in the judicial system by a man
who is plaintiff and judge at the same time.
‘The way these proceedings have been conducted is proof of the accuracy
of the articles for which they have been convicted. This is clearly a political
verdict designed to gag Swaziland’s only independent publication. It will also
send a chilling message to all other Swazi journalists.’
In the UK, Action
for Southern Africa (ACTSA) Campaigns Manager Mark Beacon said,
‘This was a highly politicised trial and yet another example of how the Swazi
regime uses the judicial system to crush anyone who dares to criticise them.
ACTSA joins with voices in Swaziland calling on the government to release
Thulani Makeko, Bheki Makhubu and all human rights defenders immediately and
unconditionally.’
In the Swazi High Court, Justice Mpendulo Simelani
said that despite the Constitution of Swaziland the right
to freedom of expression was not absolute but limited.
Reacting to the verdict, the Southern Africa Human Rights Defenders Network
(SAHRDN) said, ‘The
SAHRDN restates the well-founded and recognised position that the freedom of
expression, and in particular freedom of the media and press, is critical to
maintaining an open and democratic society.
‘The
SAHRDN is of the considered view that in convicting the two for allegedly
authoring articles critical of actions of the judiciary, by narrowly reading
and interpreting the right to freedom of expression in the Swazi Constitution, Justice Mpendulo Simelane has exhibited the stark intolerance of the
judiciary to criticism and impacted negatively on the perception of the ability
of judicial officers to protect all citizens equally and without fear or
favour.
‘These
developments in Swaziland have exposed the judiciary and made a mockery to the
state of democracy in Swaziland, SADC [Southern Africa Development Community]
and indeed Africa as a whole. As one of the arms of government, the Swazi
judiciary is expected to protect the fundamental rights of citizens and not
contribute to their violation through court decisions.’
The Observatory
for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and
the International Federation for Human Rights (FIDH), in Geneva, in a
statement said it was ‘concerned by Messrs. Bheki Makhubu and Thulani
Maseko’s conviction, as it only aims at sanctioning
their human rights activities, and calls upon the Swazi authorities to release
Messrs. Maseko and Makhubu immediately and unconditionally, and to put an end
to the continued judicial harassment against them.’
In Swaziland
itself, the Media
Institute for Southern Africa (MISA) Director Vuyisile Hlatshwayo said of the conviction, ‘It spells doom
for the future of journalism and practicing journalists in the country,"
he said. "It further stifles media development because it instils fear in
journalists and citizens who want to express their views.’
In a statement
Hlatshwayo said, ‘MISA-Swaziland
appeals to the Swazi authorities to uphold and respect section 24 of the
Constitution, which protects free speech and media freedom. They must know that
a free and independent media is the catalyst for the social economic
development of any country. Because if people are not allowed to express their
views on issues affecting their daily lives, there is no way the decision
makers can make informed and relevant policies.
‘MISA-Swaziland
reaffirms its position that dissenting views are healthy and are not to be
confused with disloyalty. MISA-Swaziland continues to stand by prisoners of
conscience Bheki Makhubu and Thulani Maseko.’
Sue Valentine, Africa Program Coordinator of the Committee
to Project Journalists (CPJ) in Cape Town, said, ‘[The] ruling is an
indictment of the thin-skinned Swazi judiciary that serves a monarch and denies
citizens the basic right of freedom of expression.’
Freedom
House, in Washington, called the conviction a ‘show trial’. Jenai Cox,
program manager for Africa programs at Freedom House, said, ‘The judiciary has
become an instrument of repression, as King Mswati attempts secure his grip on
power.’
The International
Commission of Jurists (ICJ) in a
statement said, ‘The
Court’s ruling and events that transpired before it fall short of Swaziland’s
international obligations to respect the rights to freedom of expression and
fair trial.’
It added, ‘The
conviction of Thulani and Bheki shows that the law as implemented in Swaziland
does not adequately protect the right to freedom of expression and that it
unduly shields the courts from public scrutiny.’
Amnesty
International, which
declared the pair ‘prisoners
of conscience’ after they
were arrested in March 2014, said the verdict was, ‘a violation of
international human rights standards as well as the Constitution of the Kingdom
of Swaziland’. It said in a statement the pair were exercising ‘freedom of
expression’.
It called for the
immediate release of the men and is urging
supporters to write to
Swaziland’s Minister of Justice and Constitutional Affairs Sibusiso
Shongwe to protest, ‘the arbitrary arrests, unlawful detention and impartial
proceedings’ surrounding the trial.
The Robert F.
Kennedy Center for Justice and Human Rights, based in Washington, said that during the trial, ‘the presiding judge
disallowed much of the defense testimony and reserved judgment on sentencing
“indefinitely,” meaning the two will remain behind bars for the foreseeable
future and raising further questions about the independence and fairness of
Swaziland’s judicial system’.
Kerry Kennedy,
President of the Robert F. Kennedy Center, said in a statement, ‘This arbitrary
decision makes a mockery of justice and deals a severe blow to freedom of
expression in Swaziland. King Mswati III must act swiftly to reaffirm the rule
of law in his country and to ensure that his citizens’ fundamental human rights
are protected.’
See also
JUDGE RESTRICTS
PRESS FREEDOM
SUPPORT FOR
CONVICTED JOURNALISTS
WHAT CONVICTED
JOURNALISTS WROTE
COURT CONVICTS EDITOR AND WRITER
EDITOR AND LAWYER ‘FACE 10 YEARS JAIL’
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