Eswatini: Ending the Abuse of Courts to Suppress Union Leaders

Harassment and Intimidation in Eswatini: Criminalizing Peaceful Dissent

Amnesty International’s Concerns

Amnesty International’s Interim Deputy Director for Southern Africa, Vongai Chikwanda, recently expressed deep concern over the harassment and intimidation faced by Sticks Nkambule, Secretary General of the Swaziland Transport Communication and Allied Workers Union, and his union. Nkambule is facing trumped-up charges of contempt of court, allegedly stemming from his involvement in organizing a stay away action in December 2022. According to Chikwanda, these actions by the Eswatini authorities effectively criminalize peaceful dissent.

Chikwanda criticizes the message conveyed by the Eswatini authorities, which appears to be that anyone who dares to differ with those in power will be punished. Such intimidation tactics are not only a violation of human rights but also a threat to democracy. The right to freedom of expression, association, and peaceful assembly are fundamental rights guaranteed by Eswatini‘s Constitution. By criminalizing these core democratic principles, the authorities undermine the very fabric of their society.

Violation of International Human Rights Obligations

Chikwanda also highlights the fact that the Eswatini authorities’ actions contravene the country’s international human rights obligations. Eswatini is a state party to the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both of which emphasize the protection of fundamental human rights, including the right to freely express opinions and peacefully protest.

The use of the criminal justice system to harass, intimidate, and persecute individuals exercising their human rights violates not only the spirit of these international agreements but also the trust of the international community. Eswatini must be held accountable for its actions and ensure that the rights of its citizens are respected, protected, and fulfilled.

The Case of Sticks Nkambule and the Union’s Protest

Sticks Nkambule is facing contempt of court charges related to a stay away strike organized by the Swaziland Transport Communication and Allied Workers Union (SWATCAWU) in December 2022. The protest aimed to demand the release of Mthandeni Dube and Bacede Mabuza, Members of the Eswatini Parliament who have been incarcerated since July 25, 2021, for advocating for political reforms in the country.

Nkambule, as the Secretary General of the union, and the union itself have become targets of the authorities’ crackdown on dissent. This case highlights the broader issue of threats and intimidation faced by union leaders and protesters in Eswatini. Union rights and worker’s rights, which are essential for a fair and just society, must be upheld and protected.

Editorial: Upholding Freedom of Expression and Association

The harassment and intimidation faced by Sticks Nkambule and the Swaziland Transport Communication and Allied Workers Union are deeply concerning. It reflects a worrying trend where peaceful dissent is being criminalized in Eswatini. This not only stifles democracy but also undermines the country’s international standing as a promoter and protector of human rights.

Authorities in Eswatini must recognize that the right to freedom of expression and association are pillars of a democratic society. Peaceful protest and the voicing of diverse opinions should be encouraged, as they contribute to a healthy and vibrant democracy. Instead of using the criminal justice system to target activists and union leaders, the Eswatini authorities should engage in open dialogue and address the legitimate concerns raised by its citizens.

The international community, including organizations such as Amnesty International, must continue to raise awareness and highlight human rights violations in Eswatini. It is crucial to exert diplomatic pressure on the Eswatini authorities to respect and protect the rights of their citizens. This includes urging them to drop the charges against Sticks Nkambule and to cease their campaign of harassment and intimidation against union leaders and protesters.

Advice: Protecting Human Rights and Democracy

In light of the ongoing harassment and intimidation in Eswatini, it is essential for activists, human rights organizations, and international actors to take action. Here are some recommendations to protect human rights and uphold democracy in Eswatini:

1. Diplomatic Pressure

The international community, including regional bodies such as the African Union and the Southern African Development Community, should exert diplomatic pressure on the Eswatini authorities. Through dialogue, negotiations, and mediation, it is crucial to encourage the government to respect and protect the rights of its citizens. Such pressure can help bring about positive changes and a more democratic society.

2. International Monitoring

International human rights organizations, including Amnesty International, should continue to closely monitor the situation in Eswatini. By documenting and publicizing human rights abuses, these organizations shed light on the violations and hold the authorities accountable. They play a crucial role in advocating for justice and ensuring that the voices of those facing oppression are heard.

3. Civil Society Support

Supporting civil society organizations in Eswatini is vital for protecting human rights and democracy. These organizations often face significant obstacles and risks in their efforts to promote human rights and advocate for change. Financial and moral support from the international community can help empower these organizations and amplify their voices.

4. Corporate Responsibility

International corporations operating in Eswatini should uphold their corporate social responsibility commitments. This includes ensuring that their operations and supply chains do not contribute to or benefit from human rights abuses. By promoting fair labor practices, respecting workers’ rights, and supporting local communities, corporations can contribute positively to the advancement of human rights in Eswatini.

5. Public Awareness and Solidarity

Raising public awareness about the situation in Eswatini is crucial. Engaging with the media, organizing protests, and sharing information can help shed light on the human rights violations taking place. It is also essential to express solidarity with activists, union leaders, and the people of Eswatini who are fighting for their rights. By standing together, we can exert collective pressure and bring about meaningful change.

In conclusion, the harassment and intimidation faced by Sticks Nkambule and the Swaziland Transport Communication and Allied Workers Union in Eswatini is a grave violation of human rights and a threat to democracy. The international community must act to protect the rights of individuals to peacefully express their opinions and engage in peaceful protest. By applying diplomatic pressure, monitoring the situation, supporting civil society organizations, holding corporations accountable, and raising public awareness, we can collectively advocate for justice and help bring about positive change in Eswatini.

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