ESWATINI:

HUMAN RIGHTS VIOLATIONS,
OUTDATED LAWS LINGER
Introduction

D

ESPITE the constitutionally guaranteed
rights to freedom of expression,
freedom of association and access
to information, the government of
Eswatini has consistently been accused
of various human rights violations.
The lack of progress into the investigation of
the murder of human rights lawyer and activist,
Thulani Maseko a year after his assassination
has been criticised by the United Nations Group
of Experts as “outrageous” and described as:
“creating a climate of impunity and a chilling
effect on the human rights movement in
Eswatini.” (1)

The 2022 Country Report on Human Rights
Practices, produced by the United States
Department of State, details significant human
rights issues that include, but are not limited to
reports of unlawful or arbitrary killings; cruel,
inhuman or degrading treatment or punishment
by the government; political detainees; serious
problems with the judiciary, restrictions on
media freedom and freedom of expression,
including
censorship,
and
government
restrictions on harassment of domestic human
rights organisations in Eswatini (2).
Government policies continue to limit freedom
of expression, with about 32 pieces of legislation
having been identified as negatively impacting
media freedom in the country.

AUTHOR: Nqobile Ndzinisa

These include colonial era laws that undermine
journalists’ abilities to protect their sources such
as the Magistrate’s Court Act of 1939.
Additionally,
laws
that
prohibit
the
publication of certain types of information
such as the Proscribed Publications Act, 1968,
Cinematograph Act, 1920 and the Sedition
and Subversive Activities Act, 1938 remain in
force, despite the promulgation of the 2005
constitution.
However, it is not all bleak.
The recently passed Broadcasting Act 2023
has the potential to encourage media plurality
STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2023

32

Select target paragraph3