We are deeply concerned by recent government actions that have sharply curtailed freedom of expression and undermine the independence of the judiciary and the rule of law in Swaziland.
We are troubled by the immediate and long-term effects of the Royal Decree Number 2, of June 22, 2001. This decree banned two publications, "The Guardian" and "The Nation," and allows Your Majesty to ban any publication without appeal, deny bail for a wide range of offenses, and gives the Justice Minister the power to hire and fire judges.
The recent decree violates international standards of freedom of expression. We are worried by recent reports of arrest and harassment of journalists for exercising their right to freedom of speech and association, including extrajudicial detainment and interrogation. "The Nation" and "The Guardian," were known to support the banned multi-party democracy movement in Swaziland, and have been critical of Your Majesty's decision to govern by royal decree.
The most recent decree appears to use government control over the licensing of publications to censor speech critical of the government, and threatens the existence of the private press. We are also worried that this decree overturns previous decisions by the High Court of Swaziland that ruled bans on "The Nation" and "The Guardian" illegal. This violates the due process rights of the newspapers and undermines judicial independence and the rule of law in Swaziland.
Eliminating bail for holding unlawful public demonstrations, among other crimes, violates the rights of the defendants to liberty and security of person and paves the way for the Swazi government to detain critics of the government and others without due process. Including this rule in the decree further undermines the judicial process by overturning a 1993 court order making the elimination of bail unconstitutional. In addition, giving the Justice Minister the power to hire and fire judges is a severe blow to judicial independence, necessary for true justice and the rule of law.
We urge you to revoke this decree, and reinstate the rights contained therein. We encourage you to support and engage in constitutional reform through the Constitutional Review Commission that will guarantee basic human rights for all citizens of Swaziland. We also hope that you will sign and ratify the International Covenant on Civil and Political Rights, which ensures freedom of expression and association, as well as the right to due process.
Sincerely,
Peter Takirambudde
Executive Director, Africa Division
