Labour set to strike over proposed constitution

Swaziland's labour organisations have responded to King Mswati III's draft constitution which ensures the continuity of royal rule by calling for two national strikes over the next two months. "We hereby submit a notice of our intention to engage in a peaceful protest action in terms of the Industrial Relations Act," said a petition by the Swaziland Federation of Trade Unions (SFTU) in a notice to the government's Labour Advisor Board Chairman Joshua Mndzebele. The first strike will take place in July. The second, in August, is timed to coincide with the Commonwealth Heads of State SMART Partnership Summit, to be hosted by King Mswati. The summit is this year's prestige event for the government, and Mswati reportedly intends to use it as a showcase for royal rule and to demonstrate his popularity with his subjects as sub-Saharan Africa's last absolute monarch. A draft constitution released earlier this month calls for Mswati and his male descendants to have ultimate authority over the country's governing systems, including parliament, the judiciary, the executive and palace-appointed chiefs. Although the labour organisations are following requirements for holding the strike actions, political observers feel the government will declare the strikes illegal, as is standard procedure when unions mount demonstrations the palace considers political in nature. "Especially the August strike. The unions say it is their right to take advantage of the summit to protest Swaziland's undemocratic rule. But the palace will see it as an attempt to embarrass the king, which they consider intolerable," a political scientist, who wished to remain anonymous, told IRIN. The SFTU is being joined by the Swaziland Federation of Labour (SFL). Their combined membership of 90,000 is capable of mounting major demonstrations. The labour federations are affiliated with the Swaziland Coalition of Concerned Civil Organisations and are members of the NGO umbrella group, Swaziland Democratic Alliance. Other affiliated organisations are business and legal groups, banned political parties, pro-democracy organisations, and human rights groups. If these affiliates support the labour federations, the workers' stayaway would expand into a national strike. The workers also intend protesting the government's plan to purchase a US $45 million luxury jet for Mswati, at a time when two-thirds of Swazis live in absolute poverty, one out of 10 children are chronically malnourished, the economy is struggling in its third year of recession, and one-third of Swazis depend on World Food Programme assistance for survival. "The rule of law – or rather government's non-adherence to the rule of law – is a major concern for us," Jan Sithole, secretary-general for the SFTU, said in a statement on Friday. Enterprise and Employment Minister Lutfo Dlamini recently said there was no rule of law crisis in Swaziland "because government has only ignored three Appeal Court Decisions". He also suggested that Swazis who do not support the SMART Partnership summit are unpatriotic. "When government overturns court decisions it dislikes, forces dissenting judges into early retirement, and intimidates other supposedly independent judicial officers, of course workers are concerned," Sithole told IRIN. "Investors will shy away from a lawless society. Their investments are unsafe in an uncertain legal environment. This effects jobs, and national prosperity," said Sithole. The court rulings ignored by government challenged Mswati's habit of issuing laws by decree without parliamentary participation. The six justices of the kingdom's highest court resigned in protest, and Swaziland has not had a Court of Appeal since November 2002. The London-based Commonwealth secretariat, in an attempt to resolve the crisis before the SMART Partnership Summit, sent a mediation team last month to reconcile the justices and government. Government promised to reverse its decision on the court rulings, but later reneged. This week, the justices, all South Africans on loan to Swaziland, accused the government of acting in bad faith, and said there was no reason to engage in further talks. "We demand compliance with court judgments. If any of our members displayed such contempt, government's response would have been sharp and swift," said Vincent Ncongwane, secretary-general of the SFL. The labour federations will also protest new tax laws they consider discriminatory. Workers' terminal benefits and previously untaxed small sources of income of low-income earners will now be taxed. Meanwhile, government leadership has given itself a large pay hike and significant terminal benefits, just as King Mswati dissolves the cabinet in preparation for parliamentary elections. Mswati has called a National Dialogue Summit for next week, inviting several hundred participants. Only five delegates will represent workers, while over three-quarters of the delegates will be from government or traditional leadership structures, like the king's advisors and local chiefs. Human rights groups, women's organisations, and political organisations have not been invited.