Independent observers at Swaziland’s elections were
refused access to some polling stations until they had signed secrecy forms
restricting what they could report.
They were told to get the form endorsed by the police.
It happened during the first round of the election in
Swaziland (recently
renamed Eswatini by the kingdom’s absolute monarch King Mswati III)
on Saturday (25 August 2018).
The Eswatini Elections Support Network which operates
under the auspices of the Coordinating Assembly of NGOs (CANGO) reported on
Monday (27 August 2018) that its designated observers were denied access at
five polling stations.
In its official report of the election CANGO said it
happened mainly in the Hhohho region. It
said observers were denied access and ‘were asked to take the secrecy form and
have it endorsed by a commissioner of oaths in this case the Royal Eswatini
Police Service’.
The report added, ‘The network is concerned about this
matter as all electoral observers are expected to sign the visitors book not
secrecy forms as the mission is an independent assessment of the national
elections.’
The Elections and Boundaries Commission (EBC) has yet
to comment on the ban. A number of international organisations have been invited
to send observers for the final round of elections due on 21 September 2018. The
EBC reported
that at the last election in 2013 more than 400 international and local
observers were accredited. They included the Commonwealth, African Union,
European Union, United States Embassy in Swaziland, German Consulate, Southern
Africa Development Community (SADC), SADC Elections Observer Mission (SEOM),
SADC Parliamentary Forum, SADC Lawyers Association, SADC Electoral Commissions
Forum (ECF), SADC Non-Governmental Organizations (NGOs), the Common Market for
Eastern and Southern Africa (COMESA) and CANGO.
The Eswatini Elections Support Network is made up of
representatives from ten NGOs in Swaziland. It deployed 120 observers across
170 polling stations in 44 constituencies in all four regions of the kingdom.
Elections in Swaziland are generally
recognised outside of the kingdom as undemocratic. Political parties
are banned from taking part and King Mswati appoints the Prime Minister and
Government. People are only allowed to elect 59 members of the House of
Assembly, another 10 are appointed by the King. None of the 30 members of the
Swazi Senate are elected by the people.
The European Union
Election Experts Mission (EEM), in its report on the 2013 election, made much
of how the kingdom’s absolute monarchy undermined democracy.
In its report it
stated, ‘The King
has absolute power and is considered to be above the law, including the Constitution,
enjoying the power to assent laws and immunity from criminal proceedings. A
bill shall not become law unless the King has assented to it, meaning that the
parliament is unable to pass any law which the King is in disagreement
with.
‘The King will
refer back the provisions he is not in agreement with, which makes the
parliament and its elected chamber, the House of Assembly, ineffective, unable
to achieve the objective a parliament is created for: to be the legislative
branch of the state and maintain the government under scrutiny.’
The EEM went on to
say the ‘main principles for a democratic state are not in place’ in Swaziland.
The EEM was not
alone in recognising Swaziland as undemocratic. In its report on conduct of the
2013 election, the African Union (AU) mission called for fundamental changes to
ensure people had freedom of speech and of assembly. The AU said the Swaziland
Constitution guaranteed ‘fundamental rights and freedoms including the rights
to freedom of association’, but in practice ‘rights with regard to political
assembly and association are not fully enjoyed’. The AU said this was because
political parties were not allowed to contest elections.
The AU urged
Swaziland to review the constitution, especially in the areas of ‘freedoms of
conscience, expression, peaceful assembly, association and movement as well as
international principles for free and fair elections and participation in
electoral process’.
In its report
on the 2013 elections, Commonwealth observers recommended
that measures be put in place to ensure separation of powers between the
government, parliament and the courts so that Swaziland was in line with its
international commitments.
They also called
on the Swaziland Constitution to be ‘revisited’. The report stated, ‘This
should ideally be carried out through a fully inclusive, consultative process
with all Swazi political organisations and civil society (needed, with the help
of constitutional experts), to harmonise those provisions which are in
conflict. The aim is to ensure that Swaziland’s commitment to political
pluralism is unequivocal.’
See also
First Round of Swaziland Election Marred by
Inefficiency and Fear of Vote-Rigging
Chaos
and Violence Reported Across Swaziland as Voters go to the Polls
https://swazimedia.blogspot.com/2018/08/chaos-and-violence-reported-across.html
Organised Certainty, Why elections in Swaziland are not democratic
Organised Certainty, Why elections in Swaziland are not democratic
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