READ THE FULL TUCOSWA PETITION DELIVERED TO THE ESWATINI PARLIAMENT AT LOBAMBA ON FRIDAY 06TH AUGUST 2021

 

TUCOSWA PETITION TO THE PARLIAMENT OF THE KINGDOM OF ESWATINI

NKANINI, LOBAMBA

DELIVERED: - 06 August, 2021

1.    Introduction.

The Freedom of Association Committee of the International Labour Organization in its report in respect of South Africa observed that, “Decisions taken in the political arena may have a profound impact on the social and economic conditions of workers. If trade unions are to defend the interests of their members, they should not be obliged to confine themselves solely to shop floor questions. They must be free to express their views publicly on a government’s economic and social policy, since their fundamental objective is to advance the social and economic well-being of their members.” This is the position of the ILO and the country is bound by it, the country as member of the ILO is obligated to listen to the workers Federation and attend to the issues raised as they impact on the social and economic lives of its members.

 

The Trade Union Congress of Swaziland is a creature founded on collectivism. In the core of its foundation is the belief that collectiveness in all spheres of community organisation is very key for a coordinated developmental agenda it being socially or politically. We believe the political turbulences currently obtaining in the country resulted from banning of political parties on the 12^th April, 1973. The Proclamation to the Nation created a culture of non-tolerance to dissent political views and generally suppressed robust debates which are necessary for checks and balances in governance. That decree took away the collective power of the people to determine their political destination. Since then the people have been searching and yearning for the return of this very fundamental right.

 

2.    The People’s demands.

During the month of May and June 2021, the country for the first time in its recent political history saw an increased appetite for political participation by ordinary members of communities. The people were giving mandate to their elected Members of Parliament. It was a test on the democratic character or otherwise of the current governance system. The Executive Arm of government without consultation with anyone banned the mandate giving sessions on the remaining constituencies. That was a very bad decision, smacking of bullying and autocratic tendencies which has no space in any democratic society. The people were suffocated. The political turmoil that then ensued was as a direct consequence of a bad political decision. Members of Parliament have a duty and an obligation to protect the electorates against being muzzled by the Executive.

The Legislators must be seen willing to meet the electorate in a transparent manner for them not to be seen to be representing their jackets and their bank accounts at the expense of the tax payer who is the electorate. We are in this respect call upon the House to resolve that the Prime Minister lift the ban on petition deliveries in the Tinkundla centres for the restoration of respect to the electorate. Consequences for the defiance of a Parliament resolution should follow in the event the resolve is defied. It is our view that the democratic wheels have started moving and Members of Parliament as the current representatives of the people in parliament must defend the wishes of the populace. The reports that the Members of Parliament are in the process of arming themselves enmasse against the electorate is very disturbing and it is a serious cause for worry. To us it points to one conclusion, being that they would rather fight than legislate what the people want, a very unfortunate situation. We call on the Members of Parliament to submit the people’s demands for debate in the House without further delay.

 

3.    Political Dialogue.

The Trade Union Congress of Swaziland strongly believe that any disagreement or dispute of any nature can only be adequately resolved through a genuine dialogue in a platform free from obstacles on the relevant parties. For such dialogue to happen smoothly, Parliament must legislate engagement regulations which should be a result of wide consultations with all political players. The existing political tension in all quarters of our society is an impediment to the much needed investment growth in our country. Any risk of a political unrest has proved to be a turn off for genuine investors. It will be very difficult if not impossible for the country to attract investors if it has an active political volcano that is not being attended to.

It is in the best interest of our members that concrete steps must be taken hastily to negotiate a settlement on the political instability before it engulfs the capacity of the relevant players. The Federation’s vast understanding of negotiations and bargaining can come very handy in this respect and we render ourselves available for this national duty to protect our country from further political detoriation.

 

4.    Effects of the unrest.

The political unrest has caused us serious injustice. Our members have lost employment and thus their sources of income. Some have lost even their lives in the process. With so many lives lost, the business of Parliament surely cannot be the usual. The Government has already distanced the security forces from being responsible for the killing of the civilians notwithstanding all the fingers pointing at them. The Executive has publicly announced that the citizens of this country were attached by mercenaries. That was a very serious pronouncement by the Crown which ought to have caused Parliament to demand answers on the measures taken to protect the country and its citizens against the said mercenaries. Lifeless bodies that were found scattered all over the country and buried in various communities belonged to Emaswati. We have yet to hear of any one mercenary who was killed or arrested by the security forces. The fact however, that a political party of a neighbouring state was pointed out as being behind the said mercenaries, complicates the matter further and makes it even very urgent for it to be investigated lest it create a diplomatic glitch. This matter needs to be investigated further even because, it has come out that even the security forces themselves were not mandated to kill the protesting civilians. People died, it’s the responsibility of the government to account for a dead person in a civilized community like Eswatini. We call upon Parliament to resolve that, an independent investigation be undertaken as a matter of extreme urgency to unearth the killers of our people and that they be prosecuted. In view of the disagreements on the real killers of the people and the magnitude of the killing, Parliament is called upon to resolve that the United Nations carries out the investigation. Further that, the Executive must be directed to write to the UN and officially request and/or notify the UN of the Parliament resolution for action.

 

   The use of excessive force against unarmed civilians.

Today the country resembles a military state; fully armed military personnel are out of the barracks and are intimidating and harassing the citizens. Many workers have become victims of this backward act. Workers who are working shifts get to be assaulted by the security forces when to or from work. We have also received reports from our members that they are being victimized for wearing face masks and other regalia of the Federation.  We condemn this in the strongest possible terms available. We call upon parliament to represent the nation by calling for the immediate removal of the army from the streets. The country is not in any state of emergency that may warrant the army to roam the streets and intimidate people.

     The ILO Consultant on the 1973 Decree.

 We have attached here with this petition a report by Professor Paul Benjamin with recommendations on how some selected legislations including the Constitution, impacts on Convention 87 on Freedom of Association and the Protection of the right to Organise. Kindly receive this report and read it as if it is part of this petition, specifically as it relates to any of the matters that are challenging the political stability of the country.

We have also attached a report by our global Federation, the International Trade Union Confederation on matters of similar nature as complained of in the petition and further do receive it as if it is part the petition.

 Conclusion.

In conclusion please accept our proposed list of actions to be undertaken in the resolution of the political instability in the country, categorized for immediate and long-term implementation.

For immediate action:

·       End the ongoing intimidation, threats of arrests, raids and unprovoked brutal beatings of members of the public by the police, soldiers and agents of the government.

·       Unconditionally release all protesters under the detention of the police and the army.

·       Release unconditionally the arrested members of parliament, MPs Mthandeni Dube and Bacede Mabuza.

·       Initiate an independent investigation by the United Nations to unearth the murderers of the people and for those found in the wrong to face the law.

For long term action;

·       Expressly repeal the 1973 Decree.

·       Unban political parties to pave the way for a political negotiated settlement.

·       Remove all legislative and practical restrictions on political parties to contest democratic multiparty elections and the recognition of independent candidates on their own individual merits.

·       Consult with all stake holders for the establishment of an all-inclusive interim authority to lead and guide the political transition.

The Federation shall remain available to motivate and expand on these proposals in the event the House would require such motivation, clarity seeking or explanations.

We thank you.

 

Trade Union Congress of Swaziland