Concern over proposed new constitution

King Mswati's efforts to use the constitution to permanently enshrine absolute monarchial power and ban political opposition is being challenged by Western envoys stationed in the kingdom. "The aspirations and basic rights of all Swazi citizens must be guaranteed," warned United States Ambassador to Swaziland, James McGee, in his formal address at an observation marking America's Independence Day last week. US ambassadors use the occasion, which is attended by the ruling elite, to deliver an address on the state of bilateral relations. Usually, the speech focuses on friendship and quotes long-reigning Swazi ruler King Sobhuza's observation that on a piano keyboard white keys and black keys must work in harmony to create a melody. McGee kept up the tradition, but this time challenged the Swazi perception that there should not be a change to the 300-year system of monarchial rule. "While the maintenance of a people's customs and traditions is often admirable, they should be modified or changed when they impeded the natural aspirations of the people for liberty and freedom," said McGee. The media said palace officials and cabinet ministers appeared shocked by the statement. Vusie Ginindza, editor of the independent Sunday edition of the Times of Swaziland, wrote: "They were visibly shocked to learn that outside the royal fort there still are people who have the courage to say aloud what we ourselves only dare to think. "McGee hit the nail on the head. Custom and tradition can no longer be used to defend blatant abuse of human rights or to tip the scales of natural justice to the detriment of those it is supposed to protect. Many of us will testify that Swaziland has, in fact, suffered more in the name of customs and traditions than from any other single cause." British and US attitudes toward Swaziland have changed from when those countries initially sponsored King Mswati's constitutional review effort with monetary and technical assistance. Mswati sought to quell criticisms that he was blocking democracy by appointing a Constitutional Review Commission in 1996, and the US assistance was motivated by a desire to promote any kind of activity that held out hope for political reform. The British envoy of the time, John Doble, openly supported the monarchial system, and chastised journalists who quoted pro-democracy labour union leaders for writing "extremely revolutionary stories". In an address three weeks ago, however, the current British Ambassador to Swaziland, David Reader, let his government's position be known when he challenged the palace to produce a constitution that honoured human rights, laid the groundwork for democracy, and was consistent with international norms. "We will be looking closely at the outcome of the constitutional process," said Reader. Asked to deliver a toast to the US following Ambassador McGee's speech, King Mswati's brother, Prince Khuzulwandle, defended government policy by noting one of its principal aims is to make the kingdom safe from terrorists. The reference was to an Internal Security Act promulgated by Prime Minister Sibusiso Dlamini last month, which primarily cracks down on political demonstrations and labour union activity. "To the royal family, anyone who wants democracy is a terrorist," Bongani Masuku, the firebrand president of the Swaziland Youth Congress (SWAYOCO) told IRIN. "Government hopes the Americans who are fighting a war on terrorism will allow them to go after their own 'terrorists'." SWAYOCO is the youth wing of the largest, albeit illegal, political party in Swaziland, the People's United Democratic Movement (PUDEMO). Royalists who dominated the Constitutional Review Commission ensured that political opposition to palace rule was considered "untraditional" in its final report, and without yielding statistical data to prove their assertion, said most Swazis agree. "The constitution will be based on the recommendations of the Constitutional Review Commission," said King Mswati last August when he accepted a report from another of his brothers, Prince Mangaliso Dlamini, who headed the commission. "Not surprisingly, the royal commission discovered what they wanted to hear, after banishing dissenting voices," said Obed Dlamini, a former prime minister who shocked the royal family when he was elected president of the country's oldest political party, the Ngwane National Liberatory Congress (NNLC). The NNLC and other opposition groups were banned by royal decree in 1973. Activist attorney Kilson Shongwe was appointed by King Mswati to be on the constitutional commission and was one of the dissenting voices not popular within the commission. "I had hoped to represent the voice of reform and democracy. After a few sessions, it was obvious I was being marginalised, and I was only there as window-dressing to prove to the world that Swazis of all political persuasions were participating. I refused to be used to legitimise the illegitimate," Shongwe told IRIN. Concerned that a flawed constitution will cause division in the nation, the Swaziland Council of Churches organised a conference addressed by the Deputy Prime Minister last week. The conference appointed a 14-person committee to have an audience with King Mswati, and inform the monarch of criticisms about the constitution and the royal decree that bans political activity. Committee members include conservative Senators Simeon Simelane and Thabsile Mavimbela, professors from the University of Swaziland, and representatives from NGOs, labour unions, and the Swaziland branch of the Media Institute of Southern Africa. However, no one sees the king without an appointment arranged by his counselors, who are the king's brothers, palace-appointed chiefs and conservative royalists. One senior official, Prince Masitsela, suggested to the Times of Swaziland that the committee's access to the king would be blocked. The likelihood of a royal meeting was further dimmed when Prime Minister Sibusiso Dlamini and another of King Mswati's brothers, Prince David Dlamini, who is drafting the constitution, said it was too late to submit proposals about a new constitution. Both the prime minister and Prince David believe that "the people have already spoken". If unable to access the king, the committee has been empowered by the Swaziland Council of Churches conference to begin drafting an "alternative constitution".