SWAZILAND

Swaziland is governed as a modified traditional monarchy with
executive, legislative, and (with some limitations) judicial
powers ultimately vested in the King. Advised by traditional
figures and Cabinet ministers, the King rules according to
unwritten Swazi law and custom and through a modern structure
of published laws and decrees, implementing agencies, and an
independent judiciary. The King appoints the Cabinet from
among members of Parliament. Direct elections for the House of
Assembly (the lower house of Parliament) were held in October
under new procedures recommended by a special commission
following extensive public hearings throughout the country.

Civilian authorities control both the Umbutfo Swaziland Defense
Force and the Royal Swaziland Police. On approximately 50
occasions during the year, criminal suspects made credible
accusations that police had used excessive force to obtain
evidence or a confession.

Swaziland has a free market economy, with relatively little
government intervention. The majority of Swazis are engaged in
subsistence agriculture, though a relatively diversified
industrial sector accounts for the largest component of the
formal economy. The economy relies heavily on the export
sector, composed primarily of large firms with predominantly
foreign ownership.

Significant progress toward reform included the holding of
parliamentary elections and the announcement of the
Government's intention formally to repeal the 60-day detention
decree that permitted detentions without charges (the decree
was not used in 1993). While no international observers were
invited, the procedures for nominations and elections for
Swaziland's first elected parliament in 20 years were generally
considered to be open, fair, and free of unwarranted
influence. The registration and voter education procedures,
although imperfect, were reasonably successful. However,
restrictions on political activity and the ban on political
parties remained in force. Legal and cultural discrimination
and physical violence against women continued.


RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
Freedom from:

a. Political and Other Extrajudicial Killing

There were no allegations of such killings.

b. Disappearance

There were no reports of disappearance.

c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment

Approximately 50 persons alleged that they were abused or
tortured while in police custody in 1993. In most of these
cases, the police mistreated arrestees in attempts to force
confessions or obtain evidence in criminal cases.

The report on the 1990 beating by members of the Swazi military
of a group of University of Swaziland students was completed
but by year's end had not been made public. No criminal
charges were brought against the perpetrators.

Convicted youth offenders can be sentenced to whipping by
cane. In 1993 this sentence was imposed less frequently than
in the recent past.

d. Arbitrary Arrest, Detention, or Exile

Swazi law requires warrants for arrests in most circumstances,
except when police observe a crime being committed or have
reason to believe that a suspect will flee.

Those arrested are allowed to consult with a lawyer of their
choice and are to be charged with violation of a statute within
a reasonable time, usually 48 hours or, in remote areas, as
soon as the judicial officer appears. Provision for bail
exists except for persons charged with crimes appearing in the
Non-Bailable Offenses Order of 1993. The Order, which became
effective on August 24, identifies nine offenses ranging from
murder to inciting to riot for which a defendant cannot be
granted bail. Proponents of the legislation believe it will
improve the administration of justice by guaranteeing that a
defendant appears for hearings and trial and that the law also
protects the defendant from vigilante groups who oppose bail.
Opponents of the legislation believe the order denies due
process to defendants and encroaches on the discretion and
independence of the courts.

The Government on September 27 announced its intention to
repeal the 1973 decree permitting the detention of any person
without charge or trial for renewable periods of 60 days. The
60-day detention decree was not used in 1993.

Exile was not used as a means of political control during the
year.

e. Denial of Fair Public Trial

Judicial powers are vested in a dual system, one independent
and based on Western law, the other based on a system of
national courts which follows Swazi law and custom. In treason
and sedition cases, the King can circumvent the regular
judiciary by appointing a special tribunal, which may adopt
rules and procedures different from those applied in the High
Court. This power was last used in 1987.

The modern judiciary consists of the Court of Appeals,
(composed entirely of South African judges), the High Court,
and magistrates' courts, which are independent of executive and
military control and free from intimidation by outside forces.
The High Court has general jurisdiction over relatively serious
civil and criminal cases. The magistrates' courts have
jurisdiction over criminal cases punishable by not more than
2 years' imprisonment or a fine of not more than $130. In
magistrates' courts, the defendant is entitled to counsel at
his or her own expense. Court-appointed counsel is provided in
capital cases or when difficult points of law are at issue.
There are well-defined appeal procedures up to the Court of
Appeals, the highest judicial body. Some members of the
regular judiciary are appointed from the bars of other
countries with compatible legal systems.

In traditional courts, to which ethnic Swazis may be brought
for relatively minor offenses and violations of traditional
Swazi law and custom, formal legal counsel is not allowed.
Defendants may speak on their own behalf and may be assisted by
informal advisors. Sentences are subject to review and to
appeal to the High Court and the Court of Appeals. Accused
persons are guaranteed the right to have their cases
transferred from the traditional courts. By law, the public
prosecutor has the authority to determine which court should
hear a case, but in practice the police usually make the
determination. Inadequate staffing of the High Court led to
delays in the processing of some cases in 1993. A short work
stoppage by the magistrates, who were unhappy with the
appointment of a special judicial commission, exacerbated
judicial delays and backlogs and contributed to public
discontent with the judicial system.

f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence

The law generally requires a warrant from a magistrate before
police may search homes or other premises. However, police
officers with the rank of subinspector or higher have the right
to search without a warrant if they believe evidence might be
lost through delay in obtaining a warrant. The evidence
obtained from searches conducted without warrants has been
successfully challenged in court.

No evidence has been produced that the Government
systematically monitors private correspondence or
conversations. Opponents of the Government who complain of
unlawful searches and seizures have not sought judicial relief
from these activities.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

There was some easing of restraints on freedom of speech,
especially in political matters, in 1993 but significant
restrictions remained. In dealing with the sensitive issues of
the immediate royal family and national security policy, the
media, both government-controlled and private, tend to practice
self-censorship. Reflecting the easing of some restraints, the
two daily newspapers and the government-controlled television
station continued to expand the range of sensitive topics, such
as the parliamentary elections, that they were willing to
address and to develop their role as forums for the expression
of popular opinion.

Swaziland's only privately owned paper also became a more
energetic advocate of governmental accountability and
democracy, challenging the Government when it believed the
Government had not lived up to appropriate standards. The
government-owned radio station exhibited less freedom than did
the other media. Private companies and church groups publish
several newsletters and magazines. One church group owns and
operates a radio station that broadcasts throughout the region.

Although no formal constraints on academic freedom exist, the
prohibition on political gatherings, the historical intolerance
of dissent, and concern over possible reprisals have created an
environment in which self-censorship is the norm.

b. Freedom of Peaceful Assembly and Association

The law does not protect this freedom. Swazis have several
traditional forums through which they can express discontent,
including direct dialog with their chiefs, community meetings,
and national councils, in which all Swazis are permitted to
participate. Many Swazis, however, view these forums as
ineffective means for expressing their political views. King
Sobhuza's 1973 decree prohibits political parties and meetings
of a political nature and demonstrations in any public place
without the consent of the Commissioner of Police. Permission
to hold meetings was not generally granted in 1993, but
political organizations often met without the required
permission, with no legal consequences. On several occasions
the authorities permitted leaders of the illegal political
parties, including the People's United Democratic Movement
(PUDEMO) and the Swaziland National Front (SWANAFRO), to speak
out publicly at rallies and meetings, and the activities of
these leaders were frequently reported in the mass media.
However, in several instances political activitists were
arrested and charged with political offenses for organizing
political meetings without police permission for holding
illegal demonstrations. In one incident, 62 PUDEMO supporters
were arrested after attempting to attend a rally; the 62 were
convicted and given suspended sentences of 3 months in jail on
the condition they avoid similar offenses within the next 3
years. They have appealed the convictions and sentences.
Following those arrests, few individuals dared to attend
political meetings.

Except for the ban on political parties, there are no formal
legal barriers to freedom of association. Trade associations,
professional bodies, academic organizations, and rights
advocacy groups exist and maintain relations with recognized
international bodies in their fields.


c. Freedom of Religion

Swaziland is hospitable to all religious believers. Organized
religions are free to establish places of worship and train
clergy, to publish religious texts, and to undertake religious
travel outside the country. Proselytizing is legal, and no
religious group is banned.

d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation

Swazis may travel and work freely within the country. However,
for travel abroad, under traditional law a married woman
requires her husband's permission to apply for a passport. A
citizenship law passed in November 1992 removed many
ambiguities relating to Swazi citizenship and enabled nonethnic
Swazis to obtain passports and citizenship documents.
Bureaucratic delays, however, plagued individuals seeking these
documents during the year. The new law enabled those wishing
to register for the elections to do so with little problem.

No formal barriers prevent the return of dissidents, although
few have chosen to return to Swaziland to resume residence.
Some did return for short visits in 1993 and were not subject
to harassment by the authorities.

Swaziland's treatment of refugees is considered to be good by
the United Nations High Commissioner for Refugees (UNHCR), as
well as by the various nongovernmental organizations involved
in the care of these groups. Most refugees are from
Mozambique. Only about 24,000 of these are registered and
receiving assistance, while another estimated 35,000 to 40,000
have settled spontaneously along the border regions and in
towns. The other significant refugee group is made up of about
7,000 ethnic Swazis from the KwaZulu "homeland" in South Africa.

Approximately 160 people from countries such as Zaire,
Ethiopia, Angola, and Somalia sought refuge in Swaziland during
the first 8 months of 1993. (Arrivals from South Africa have
stopped.) Swaziland permits these people to remain in the
country until their petitions can be heard by the Political
Asylum Committee. This Committee is made up of government and
U.N. officials. The UNHCR's opinion about the merits of a
person's claim to well-founded fear of persecution or physical
danger if repatriated is a major factor in the Committee's
decisionmaking process. There are no current disputes between
Swazi and UNHCR authorities regarding claims to refugee
status. Illegal aliens who cannot establish refugee status are
usually deported.

In August Swaziland, Mozambique, and the UNHCR signed an
agreement governing the voluntary repatriation of Mozambican
refugees. While some spontaneous return had already occurred,
the controlled, organized repatriation effort began in
October. Although local sentiment favors as rapid a return of
Mozambican refugees as possible, Swazi officials accept that
the repatriation must be voluntary and at a pace that can be
managed on the other side of the border.

Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government

In 1993 Swazi citizens exercised the right to change their
government through a direct vote for the first time in 20
years, but a ban on political parties and restrictions on
political gatherings precluded the holding of truly democratic
elections. The Government limited candidates' election
campaigning to single, short sessions with groups of voters.
Of the 65 members of the House of Assembly, 55 were directly
elected by the people in a secret ballot vote; the remaining 10
were appointed by the King. Parliament includes also a Senate
with 30 members, 20 of whom are appointed by the King and 10 of
whom are elected by the House of Assembly. Despite the ban on
political parties, PUDEMO, SWANAFRO, and other parties used
public meetings and the media to publicize their views.

Although Swazi law calls for the House of Assembly to make law
with the King, the previous House of Assembly used this power
in only a limited fashion. The King retains ultimate
legislative and executive power. After dissolving the House of
Assembly in October 1992 in preparation for elections, the King
ruled the country "in council" with his Cabinet, soliciting
advice from the royal family, senior chiefs, and other
interested parties. Legislation was promulgated by the Cabinet
and submitted to the Monarch for assent. The King can
legislate by decree, as well. The new House of Assembly is due
to meet for the first time in early 1994.

Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights

While the Government does not encourage activities by domestic
or international human rights organizations, local
organizations exist. The most prominent, the Human Rights
Association of Swaziland (HUMARAS), spoke out on human rights
issues and worked as a mediator in land and labor disputes.

Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status

Women

Women have traditionally occupied a subordinate role in Swazi
society, and the dualistic nature of the legal system
complicates the issue of women's rights. Because traditional
marriage is governed by uncodified Swazi law and custom,
women's rights are often unclear and change according to where
and by whom they are interpreted. In both traditional and
civil marriages, wives are legally treated as minors, although
those who marry under civil law may be accorded the legal
status of adults, if stipulated in a signed prenuptial
agreement.

Changing socioeconomic conditions and urbanization, as well as
the increasing prominence of women leaders in government and
civic organizations, are slowly breaking down barriers to
equality. Married women now routinely and successfully execute
contracts and enter into a variety of transactions in their own
names. However, the husband's permission is still generally
required for a woman to borrow money, open a bank account,
leave the country, or, in some cases, take a job. Divorce is
discouraged by families but is no longer uncommon. In
traditional marriages, children are considered to belong to the
father and to his family if the couple divorces. Children born
out of wedlock are considered to belong to the mother. In
traditional marriages, a man may take more than one wife. A
man who marries a woman under civil law may not have more than
one wife, although in practice this restriction is sometimes
ignored.

Couples often marry in both civil and traditional ceremonies,
creating problems in determining which set of rules applies to
the marriage and to subsequent questions of child custody and
inheritance in the event of divorce or death.

Physical abuse of women, particularly wife beating, is common,
despite traditional strictures against this practice. Women
have the right to charge their husbands with assault under both
the traditional and modern legal systems and frequently do so.
The traditional courts, however, can be unsympathetic to
"unruly" or "disobedient" women and are less likely than the
modern courts to convict men for wife beating. Still, even in
the modern courts, sentences frequently amount to no more than
several months in jail or a fine, or both.

Nongovernmental organizations provide support to groups
affected by discrimination or abuse. The Swaziland Council of
Churches Legal Aid Center provides free information on issues
such as marriage and maintenance laws. The Swaziland Action
Group Against Abuse has established relations with other civic
organizations as well as the Government to provide forums to
discuss spousal and child abuse and to educate the public on
the rights of abuse victims.

The Employment Act of 1980 forbids employers to discriminate on
the basis of race, religion, sex, or political affiliation and
requires equal pay for equal work. However, men's average wage
rates by skill category often exceed those of women. Legal
protection from sexual harassment is addressed in the Swazi
Legal Code, but its provisions are vague and largely
ineffective in halting this type of discrimination.

Children

The Government has created a task force to educate the public
on the rights of children. A number of Swazi laws deal with
the rights and welfare of children, including the Age of
Majority Act, the Employment Act, the Child Care Service Order,
and the Maintenance Act. A study of legislation concerning
children was conducted during 1993 to bring the legislation in
conformance with the U.N. Convention on the Rights of the
Child. The Association of Child Welfare, a Swazi
nongovernmental organization, was very active in 1993 promoting
the rights and welfare of children.

People with Disabilities

The Ministry of Home Affairs has called for equal treatment of
the disabled, but no legislation prohibits discrimination
against them. The Government has not legislated or mandated
physical accessibility to public buildings for the handicapped.


Section 6 Worker Rights

a. The Right of Association

The Industrial Relations Act (IRA) of 1980 affirms the right of
trade unions to exist, organize, and associate freely. Persons
in all sectors of the economy, including the public sector, are
permitted to join unions. Unions operate independently of
government or political control, provided they act as economic,
rather than political, organizations. Unions are free to draw
up their own constitutions within the framework of the IRA.
The Act specifies a number of provisions which must be
addressed in a constitution. These include the election of
officers by secret ballot, annual meetings open to all members,
fees, grounds for suspension of members, and expenditure of
union funds. The union constitution must be approved by the
Labor Commissioner, who can strike out or amend provisions
which violate the law. Unions may not be dissolved as long as
they adhere to the regulations of the IRA. Unions that fail to
maintain proper registration with the Labor Commissioner may be
dissolved without recourse to judicial review, but this
authority has never been exercised.

The International Labor Organization (ILO) Committee of Experts
(COE) has noted discrepancies between the IRA and ILO
Convention 87 on freedom of association and ILO Convention 98
on the right to organize and bargain collectively, both
ratified by Swaziland in 1978. The concerns of the COE include
the powers accorded government officials to control union
activity and the strictures on the ability of workers to form
unions and associate with other unions at home and abroad. The
Government, however, does not prohibit Swazi unions from having
international affiliations. The COE again in 1993 criticized
IRA provisions, including the prohibition on federations from
carrying out political activities and the prohibition of the
right to strike in the postal, radio, and teaching sectors. In
late 1992, the World Confederation of Organizations of the
Teaching Profession asked the ILO to intervene with the Swazi
authorities in order to obtain the repeal of the IRA provision
which classifies teaching as an essential service.

The IRA details the steps to be followed when disputes arise,
including what determines a legal or illegal strike. The Act
empowers the Industrial Court to settle employment disputes and
grievances and to enjoin a union from striking. Consciousness
of workers' rights is growing rapidly. When disputes arise,
the Government often intervenes to try to reduce the chances of
a strike, which may not be legally called until all avenues of
negotiation have been exhausted. The Labor Commissioner may
then issue a 14-day postponement, which may be extended upon
presentation of further documentation. Several strikes
occurred during 1993, centered on the issue of pay. Strikes by
the University of Swaziland Worker's Union, the Swaziland
Commercial and Allied Workers Union, the Swaziland Hotel and
Catering Allied Workers Union, and the Swaziland Union of
Financial and Allied Workers occurred in 1993 with modest wage
and benefit increases being obtained by the unions.

Several unions, dissatisfied with the leadership and role of
the Swaziland Federation of Trade Unions (SFTU), broke away
from the SFTU in 1993 to form the Swaziland Federation of
Labor, which has yet to be recognized by the Government.

b. The Right to Organize and Bargain Collectively

The IRA provides for the right to organize and bargain
collectively and outlaws antiunion discrimination. Employers
are obliged to recognize a union when it achieves a 40-percent
membership among employees.

Disputes are referred to the Labor Commissioner and the
Industrial Court, if necessary. The Court is limited by law
with respect to granting relief in the case of unfair
dismissal. It may not order reinstatement, and compensation
only to the extent of 6 months' salary may be awarded. Members
of legally recognized unions must be allowed to attend union
activities on company time.

Although many employers resist recognition and force the issue
to the Industrial Court, the Court has generally ruled in favor
of the unions on recognition.

While collective bargaining occurs, it is not widespread.
Government directives on wage levels do not impede collective
bargaining. The Industrial Court may refuse to register an
agreement if it does not observe government directives on wage
levels. The COE has criticized this as a violation of ILO
Convention 98.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

Forced labor is legally prohibited and is not known to exist.


d. Minimum Age for Employment of Children

The Employment Act of 1980 prohibits the hiring of a child
below the age of 15 in an industrial undertaking, except in
cases in which only family members are employed in the firm, or
in technical schools in which children are working under the
supervision of a teacher or other authorized person.
Legislation limits the number of night hours which can be
worked on schooldays and limits children's work hours overall
to 6 per day or 33 per week. Employment of children in the
formal sector is not customary. However, children below the
minimum age are frequently employed in the agricultural sector,
particularly in the country's eastern cotton-growing region.
The Ministry of Labor has enforcement responsibility, but its
effectiveness is limited by personnel shortages.

e. Acceptable Conditions of Work

Swaziland has a legally mandated sliding scale of minimum
wages, depending on the type of work. These minimum wages
generally provide a worker and family with an adequate standard
of living within the context of Swazi society. Most workers
receive a minimum of 14 days' annual leave. The Labor
Commissioner enforces standards in the formal sector. The
minimum monthly wage for a domestic employee is approximately
$50, for an unskilled worker about $60, and for a skilled
worker approximately $110.

There is a labor/management/government-negotiated maximum
48-hour workweek in the modern sector, except for security
guards, who work up to six 12-hour shifts per week. All
workers are entitled to 1 day of rest per week under the
Employment Act and the Wages Act. Extensive legislation
protects worker health and safety, and workers have the legal
right to remove themselves from a dangerous work situation
without jeopardy to continued employment. The Government sets
safety standards for industrial operations and encourages
private companies to develop accident prevention programs.
Recent growth in industrial production has required more
government action on safety issues. Few safety inspections by
the Labor Commissioner's office have taken place in the last
several years because of staffing deficiencies.