The International Trade Union Confederation (ITUC) the global federation of a majority of trade union federations around the globe has called for the 12th April 2023 to be declared the Eswatini Global Day of Action. In this call the ITUC seeks to mobilise all trade union organisations around the globe to stand with the workers of Eswatini who are under state repression from the government since 12th April 1973 when the the decree popularly known as the 1973 Decree or otherwise the "Proclamation by His Majesty King Sobhuza II 12th April 1973" was promulgated.
It is not a secret that trade union freedoms such as the right to assembly have been curtailed in Eswatini with government invoking the Public Service Act (2018) ,a law that contains remnants of the 1973 decree ,to ban trade union gatherings.
For the 12th April 2023 the ITUC is expecting trade union organisations to carry programmes aimed at piling pressure on the Eswatini Government to end their repression of workers. Programmes suggested by the ITUC (posted on their Website,https://www.ituc-csi.org/eswatini-global-day-of-action-2023) to trade unions globally include sending a letter to the Prime Minister of #Eswatini, organising a protest at the nearest embassy of Eswatini around the world ,calling a press conference and addressing the issues around Eswatini and using social media to publish messages about the #Eswatini situation using the hashtag #FreeEswatini.
The model letter can be accessed here ..https://www.ituc-csi.org/IMG/docx/eswatini_model_letter_12_april_en.docx .
The date of the 12th April is a day in which the 1968 independence constitution was repealed by the reigning monarch at that time King Sobhuza II. The independence constitution largely guaranteed political rights and allowed multi party political representation in the legislature . The proclamation or decree was put up in the wake of national elections in 1972 that saw three opposition figures get elected into the parliament. King Sobhuza and the ruling elite connived to cast away the September 6th 1968 constitution.
The Decree
In Section three (3) of the decree or proclamation King Sobhuza assumed supreme power by proclaiming as follows :
"Now THEREFORE I, SOBHUZA II, King of Swaziland, hereby declare that, in collaboration with my Cabinet Ministers and supported by the whole nation, I have assumed supreme power in the Kingdom of Swaziland and that all Legislative, Executive and Judicial power is vested in myself and shall, for the meantime, be exercised in collaboration with a Council constituted by my Cabinet Ministers. I further declare that, to ensure the continued maintenance of peace, order and good government, my Armed Forces in conjunction with the Swaziland Royal Police have been posted to all strategic places and have taken charge of all government and all public services.
On the section where further decrees were added the King further decreed that :
(11) " All political parties and similar bodies that cultivate and bring about disturbances and ill feelings within the Nations are hereby dissolved and prohibited.
(12) No meetings of a political nature and no processions or demonstrations shall be held or take place in any public place unless with the prior written consent of the Commissioner of Police; and consent shall not be given if the Commissioner of Police has reason to believe that such meeting, procession or demonstration, is directly or indirectly related to political movements or other riotous assemblies which may disturb the peace or otherwise disturb the maintenance of law and order.
(13) Any person who forms or attempts or conspires to form a political party or who organises or participates in any way in any meeting, procession or demonstration in contravention of this decree shall be guilty of an offence and liable, on conviction, to imprisonment not exceeding six months.
The 2005 Constitution
A new constitution was promulgated in 2005,32 years after the 1973 had been promulgated. The constitution however only entrenched the 1973 decree in many ways. For instance political parties are still prohibited in the 2005 constitution and the King retains absolute/supreme powers in the country.
This is perhaps why the ITUC and the global trade union movement have found it prudent to utilise the 12th April 2023 ,marking 50 years of the 1973 decree to draw the worlds attention to the plight of workers in Eswatini who are the everyday victims of the Decree and its remnants as their rights are curtailed everyday by the state in the name of preserving law and order.
The Congress of South African Trade Unions (COSATU) has heeded the ITUC call and announced that they would be holding border protests in port of entries to Eswatini, Ngwenya and Matsamo in the north of the country.
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