Swaziland has been given notice that it will have to furnish
answers to the following questions at the Human Rights Council (HERE):
SWITZERLAND
Political rights
What measures does the government plan to take in order to lift the ban
on political parties?
Women’s rights
How will Swaziland remedy the limitation of the rights of women e.g. in
not enabling them to acquire a bank loan or own property without the written
consent of their husbands?
Freedom of expression
What is Swaziland doing to facilitate the establishment of privately
owned media houses?
Human Rights Commission
What measures is the Government planning to take to strengthen the
mandate the Human Rights Commission and guarantee the access of the Swazi
people to the Commission?
Extra-judicial killings and torture
How many judicial investigations into alleged extrajudicial killings and
torture have the Swazi authorities undertaken so far? What was the outcome of
these investigations?
How does Swaziland respond to recommendations by Swazi civil society
groups to establish commissions of inquiry into all deaths that occur while in
the hands of the State police, the army, correctional services and game
rangers?
Death Penalty
Does the government of Swaziland foresee to impose a moratorium on
executions with a view to the abolition of the death penalty?"
UNITED
KINGDOM
We would be grateful if you
would provide information on the extent to which civil society was consulted in
the preparation of your national report.
Please could you inform us as to
when enabling legislation to fully operationalize the Commission on Human Rights
and Public Administration will be passed, and whether the Commission will
operate in accordance with the Paris principles designed to guide the practice
of such institutions?
We would be grateful if you
could explain why, despite the fact that the current percentage of women in
parliament is 23%, Section 86(1) of the Constitution (which provides for the
election of four additional women if the number of women in parliament does not
reach 30%) has not been used.
What plans do you have to ratify
the Optional Protocol to the Convention against Torture and other cruel,
inhuman or degrading treatment or punishment?
What measures is Swaziland
taking to investigate and prosecute state agents who violate human rights?
Please could you explain what
measures are being taken to ensure that the Suppression of Terrorism Act of
2008 is compatible with Section 24 of the Constitution which provides for
freedom of expression?
Please could you explain what
plans you have to rectify the minority status of women in customary law?
What plans do you have to enact
legislation protecting the right to freedom of sexual orientation?
NETHERLANDS
Political reform
Demands for political
reform in Swaziland have swelled as a result of the sharp economic turndown,
starting early 2011. We have received reports that the government has responded
harshly to these demands. In paragraph 103 of the national report, the
government acknowledges these challenges and constraints by stating that the
Law enforcement agents have a challenge of striking a balance between
enforcement of the provisions of the STA and respect for the human rights to
freedom of expression and association.
Taking into account paragraphs 75 – 77 of the national report about
freedom of association and paragraphs 78-80 of the national report about
freedom of expression, could the government respond to the allegations of a
harsh response? How is the government planning to address these challenges?
Could the government elaborate on the other challenges it is facing in light of
the economic turndown? How does the economic turndown affect for instance the
right to education, as mentioned in paragraphs 31 – 40?
Rule of Law
We took note of
paragraph 40 of the OHCHR-compilation, which states that the realization of the
freedom of expression and media freedom has been restricted by the Suppression
of Terrorism Act 2088. Could the government respond to this paragraph and
elaborate on the question whether these restrictions also apply to members of
opposition movements? If so, in what way is the independent judicial review of
these particular cases being guaranteed, especially as some provisions are
deemed unconstitutional?
NORWAY
What steps are taken to
strengthen and ensure the freedom of assembly and association in Swaziland?
What steps will be taken to ensure that a space for plurality of opinion and
political groups is created and maintained?
What steps are being taken to repeal the 1973 Royal decree?
We note the allegations
concerning the excessive use of force by law enforcement and security
officials. Reports also refer to lack of
investigation in order to bring perpetrators to justice. We would appreciate to be informed on how the
Government will proceed to alter this situation and practice.
In line with Swaziland’s
commitments under the Convention against Torture and the International Covenant
on Civil and Political Rights, what are the measures taken to eradicate torture
and other forms of ill-treatment?
What are the measures taken
to prevent all forms of discrimination against women, including discriminatory
cultural practices?
SLOVENIA
What kind of measures have been and will
be taken by Swaziland to effectively ensure the gender equality?
SWEDEN
Taken positively note of that the
Constitution includes a rights catalogue, Sweden would like to ask the
Government of Swaziland to elaborate on the measures taken to harmonize
national legislation with the prohibition of torture and ill-treatment and
freedom of assembly, as stipulated in the Constitution and in relevant
international human rights conventions.
Sweden would like to ask what
measures the Government of Swaziland is taking to ensure that the National
Commission for Human Rights and Public Administration could serve as an
independent and effective tool for the protection of human rights?
Sweden would like to ask the
Government of Swaziland to elaborate on the measures taken to ensure that its
legislation with regard to terrorism is not in breach of its international
obligations.
The answers can be watched live here on Channel 11:
In about an hour and a half, if I have my facts straight.
