Swaziland - 2012

Swaziland’s economic troubles deepened and the government announced it was going to cut 7,000 civil service jobs. Nearly 70% of the population live on less than one dollar a day, 40% are unemployed, yet King Mswati III, Africa’s last absolute monarch, has a massive personal fortune. An estimated 25% of adults have HIV, the highest rate in the world. Pro-democracy activists and human rights defenders are targeted using imprecise counter-terror legislation, including the Suppression of Terrorism Act (2008) and the draconian provisions of the Sedition and Subversive Activities Act (1938), which are regularly employed to inhibit the exercise of democratic and civic freedoms.

Trade unions repressed with ever greater ferocity: Trade union activities are being repressed with ever greater ferocity in Swaziland. Repeated arbitrary arrests, intimidation and beatings are used to silence activists. In the absence of any genuine social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. , trade unions resort to public protests and demonstrations which are violently repressed by the police and army using teargas, batons and rubber bullets. In the April and September pro-democracy demonstrations some of those taking part were taken away in trucks and abandoned in remote, faraway places, in the middle of nowhere, after having their mobile phones confiscated. Others, notably trade union leaders were beaten and intimidated, out of the view of the press. Fears ran particularly high given the memory of Sipho Jele, a trade unionist who died whilst in custody shortly after his arrest during May Day 2010. Police claimed he committed suicide but independent pathologist reports questioned this.

SFTU still a government target: In a country where political parties are still banned the Swaziland Federation of Trade Unions (SFTU) has long played a leading role in the pro-democracy movement. As a result it has come under fierce attack. Former SFTU general secretary Jan Sithole was constantly targeted by the regime for his activism, facing defamation, imprisonment and death threats. Barnes Dlamini, current SFTU president, appears to be suffering the same fate. He has been arrested several times, as have other leaders of the SFTU and the Swaziland Federation of Labour (SFL). Mr Dlamini’s home was raided twice in April ahead of pro-democracy demonstrations and his family harassed.

Lack of trade union rights impacts health and safety : The widespread disrespect of trade union rights in Swaziland has had a serious impact on health and safety, notably in the construction industry where accident rates are particularly high. Employers often do not provide protective clothing for their workers, who in many cases are unaware of their rights regarding occupational health and safety. The Secretary General of the construction union Mtshali Selby told an international trade union delegation that visisted the country in March, “We are still using socks instead of gloves”. The delegation was also told that workers faced low wages and delays in salary payments. There were few if any labour inspections and trade unions had to work under difficult conditions.

Trade union rights firmly suppressed in EPZs: Workers in the export processing zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s) who dare to become shop stewards or join a union are fired on the spot. Anyone taking part in a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is also dismissed, even if the action is legal. Some employers in the textile sector use physical punishment as a disciplinary measure.

Collective bargaining curtailed: Collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is restricted in its coverage. The government is the country’s biggest employer and, through the Ministry of Public Administration, Employment and Social Security, sets wages and benefits on an annual basis. This involves consultation, but no negotiations with the unions.

Government lacks understanding of Freedom of Association: In response to a request from the government, the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights commented on the government’s objection to the relations between trade unions and political parties. The report from the High Level Mission to Swaziland points out clearly that “according to ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights jurisprudence, it is a legitimate exercise of freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework for a trade union or a trade union federation to form an alliance with a political party. By parity of reasoning, it is a legitimate exercise of freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework for a trade union to demand that political parties be recognised.”

Raid on SFTU President’s home: Representatives of the security forces went the home of the president of the Swaziland Federation of Trade Unions (SFTU) Barnes Dlamini on 11 April, on the eve of pro-democracy protests, at around 3 o’clock in the morning, waking his family and frightening his children. They searched the house without a warrant.

Police raid SFTU vice-president’s home : Police raided the home of Simon Mvubu, the first vice president of the Swaziland Federation of Trade Unions (SFTU), at the end of April, apparently searching for bombs further to a tip-off. Mr. Mvubu said that the explanation given to him at the scene lacked credibility, as there was no information the police had about him that impacted on national security, as alleged by the commissioner. He believed the real reason was victimisation and harassment on account of his SFTU membership.

Trade unionists arrested at HIV/Aids workshop: The three trade unionists, Barnes Dlamini, President of the Swaziland Federation of Trade Unions (SFTU), Gugu Malindzisa of the International Research Academy for Labour and Education ( IRALE) and Emmanuel Dlamini of the Swaziland National Association of Teachers (SNAT) were arrested on 14 May while facilitating a workshop in the Eastern Town of Siteki, on building capacity within society in order to tackle HIV and Aids and empowering women. The three men are the Swazi coordinators for a UK government funded project with the UK private sector union Unite, promoting equality and tackling HIV and Aids. The workshop was part of the project. The three men were briefly detained then later released but the arrests disrupted the workshop.

Police detain ten trade unionists: Ten trade unionists were arrested on 14 May as they attempted to hold a meeting in preparation of the merger of the Swaziland Federation of Trade Unions (SFTU) and the Swaziland Federation of Labour (SFL) into a new organisation, the Trade Unions Congress of Swaziland (TUCOSWA). Those arrested were Gugu Malindzisa of the Labour Coordinating Committee and the UNITE project, Phumelele Zulu of the SFL, Splasha Musa, Paul Mabila, George Mthethwa, Titus Nhleko, Bongani Siyaya and Emanuel Dlamini, all from the Swaziland National Association of Teachers (SNAT), Bongani Shongwe from the National Public Service and Allied Workers Union (NAPSAWU), and Gcinaphi Pateguana of the Swaziland Democratic Nurses Union (SWADNU). Armed police disrupted the meeting shortly after it began and took the unionists to the Lubombo Police Regional Headquarters. Barnes Dlamini, President of the SFTU was chairing the meeting, and was questioned on the spot by police as to its purpose. The police also wanted the names of all those present. The unionists were detained for an hour before being released. They chose not to continue with the meeting as they could not guarantee the safety of their members. The police claimed the meeting was illegal although the trade unionists pointed out that they did not require police permission in order to meet.

Police raid SFTU president’s home again: The home of Barnes Dlamini, President of the Swaziland Federation of Trade Unions (SFTU), was raided by police looking for bombs on 20 June. Mr. Dlamini was woken up by at least 12 plain clothed officers who demanded to search his house for bombs and other bomb making material. The search lasted about three hours and some of Mr. Dlamini’s political books were taken away. He was then taken to the police station to be questioned, although he says the police were polite throughout. SFTU Deputy Secretary General Vincent Dlamini believed that the harassment of their members may have been linked to the recent International Labour Conference in Geneva where the SFTU put their government in the spotlight. " This is not so much about looking for bombs and other material but rather about intimidation”, Vincent Dlamini alleged. The police denied harassment.

Government delays creation of new trade union body: On May Day trade unions announced the creation of a new trade union body the Trade Unions Congress of Swaziland (TUCOSWA) that would merge the country’s major unions, including the Swaziland Federation of Trade Unions (SFTU), Swaziland Federation of Labour (SFL), National Public Servants and Allied Workers Union (NAPSAWU) and Swaziland National Association of Teachers (SNAT). TUCOSWA founding organisations submitted an application for official registration in August but received no response from the government, delaying the founding congress that was due to take place by the end of the year. Union leaders believe that the government was purposely delaying the application, fearing the bargaining power that would be created by the amalgamation of these organisation. Once merged, the new body would boast approximately well over 50 000 members.

Police arrests two COSATU officials : Police arrested two officials from the Congress of South African Trade Unions (COSATU) on 7 September. COSATU had sent a 45 member delegation to Swaziland to support their trade union colleagues there during the Global Week of Action for democracy. Two of the delegates, deputy president Zingiswa Losi and deputy international organiser Zanele Matebula had gone to the southern town of Sitheki to take part in the march. Zingiswa Losi was about to address the marchers when riot police approached and ordered her not to. Losi and Matebula were arrested and taken to the police station for questioning before being released after an hour. Both were later deported. The protests were legal and had been sanctioned by the courts in Swaziland.

Teachers’ leader hospitalised after scuffle with police: The president of the Siteki branch of the Swaziland National Association of Teachers (SNAT), S’phasha Dlamini, was hospitalised after being injured in a scuffle with police in a protest march on 7 September during the Week of Action. The incident occurred when riot police mounted the stage to prevent delegates from the Congress of South African Trade Union (COSATU) to address the march (see article “Police arrest two COSATU officials”). Mrs Dlamini asked the police to leave the two women alone, and was then arrested. She tried to resist the arrest and the police dragged her along the ground, so roughly that she sustained severe bruising to her arms and legs. She was questioned in a police car for a few minutes and then dropped off outside the hospital. A nurse said Mrs Dlamini’s condition was not critical.

Join union – lose benefits, workers told: Employees of Swazi Wire received a memorandum from management on 12 October informing them that they stood to lose nine benefits and more if they joined a union. The memorandum arrived as the workers were about to unionise under the banner of the Swaziland Processing Refining Allied Workers Union (SPRAWU). Until then they had negotiated through a works council works council 1. A body elected to represent the interests of workers within a workplace through communication and consultation with the employer e.g. concerning working conditions and health and safety issues. 2. A joint council composed of representatives of both workers and the employer for workplace-level discussions on matters of common interest. but felt that it was not doing enough. Workers were confident that they had more than the 51% support required to form a union, and saw the memorandum as a carefully timed piece of intimidation. The benefits to be forfeited included: salary advances; school fees loans; end of year bonuses and others.

Swazi police teargas trade union protesters: Police fired teargas outside a courthouse in the capital Mbabane on 1 November to disperse protesters calling on the Supreme Court to stop its work and respect a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike by lawyers. About 30 union leaders had gathered to support the lawyers but found that riot vehicles had ringed the courthouse and armed guards were positioned outside and inside the building. Zwele Jele, spokesperson for the Swaziland Law Society, denounced that people were being put through criminal appeals without representation. Striking attorneys walked out of the first session on 1 November saying hearings should be suspended until the labour dispute labour dispute See industrial dispute is resolved. The dispute began in June when Swazi Chief Justice Michael Ramodibedi suspended High Court Judge Thomas Masuku for allegedly “insulting” King Mswati III. Masuku, seen as one of the only critical voices in the Swazi judiciary, was fired in September.

Trade union leaders targeted in attempt to deter pro-democracy demonstrations:

Trade unionists played a leading role in the widespread pro-democracy protests across Swaziland in mid-April, which were met with violent repression by the security forces of King Mswati. Heavily armed police and military officers occupied Manzini and other key centres, teargas was used against protestors, and there were reports that security forces had fired live ammunition. There were many arrests, including those made at the headquarters of the Swaziland Federation of Trade Unions (SFTU) and the Swaziland Federation of Labour (SFL) which were surrounded then invaded by police. Police also used tear gas and water cannon at the headquarters of the Swaziland National Association of Teachers (SNAT) to disperse hundreds of teachers who were chanting and dancing.

Amongst the hundreds detained on 12 April were trade union leaders Barnes Dlamini, President of the SFTU; Vincent Ncongwane, Secretary General of the SFTU; Muzi Mhlanga, Secretary General of the SNAT; Sibongile Mazibuko, President of the SNAT; Nomkhosi Dlamini Gumedze, Secretary of the SFTU Women’s Committee; Quinton Dlamini, President of the National Public Service Allied Workers’ Union (NAPSAWU) and SFTU Central Executive Committee; Bheki Mamba, President of the Swaziland National Nurses Association (SNNA), and Phumelele Zulu, executive member of the Swaziland Federation of Labour and Swaziland Democracy Campaign (SDC) activist.

Barnes Dlamini gave details of his arrest in an interview with the ITUC. “They stopped me as I was on my way to the protest and took me to the police station where they held me in detention for around nine hours. They then took me home and four police officers were stationed in front of my house for three days to make sure that I didn’t leave.”

The trade unions and the Swaziland United Democratic Front were calling for genuine democratic transition, an end to the emergency decree enacted by the King in 1973, and the lifting of the ban on political parties.

Since January 2012:

In the course of 2011, the Swaziland Federation of Trade Unions (SFTU) and the Swaziland Federation of Labour (SFL), together with the Swaziland National Association of Teachers (SNAT), undertook to merge into one unified, strong national trade union centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. : the Trade Union Congress of Swaziland (TUCOSWA). This new organisation, with an estimated membership of 50.000, held its first congress on 9-11 March 2012. The federation was registered and duly issued with a certificate on 25 January 2012. The Labour Commissioner subsequently withdrew the certificate she issued, however, arguing that there are no provisions in Swazi law that regulate the merging of different trade union organisations into a federation, and that the law had therefore to be amended before TUCOSWA could be registered (sic).

A range of civil society organisations, including the trade unions, undertook to announce correctly and well in advance their protest actions on the occasion of 12 April 2012, the 39^th anniversary of Swaziland’s state of emergency. The Swazi authorities, however, appeared firmly bent on blocking any free expression of public dissent. Swazi security forces blocked marches on 11 and 12 April and stopped a prayer meeting on Saturday 14 April, imposing a ban on gatherings of more than two people. The authorities also proceeded to arrest trade union leaders or otherwise prevent them from joining the protests. Trade Union Congress of Swaziland (TUCOSWA) First Deputy President Sipho Kunene and Second Deputy General Secretary Muzi Mhlanga were both arrested and later released. Wonder Mkhonza, Deputy General Secretary of the Swaziland Processing, Refining and Allied Workers’ Union, was arrested and detained by the Nhlangano police as he was on his way to meet workers at the Nhlangano offices of the Conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation , Mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation and Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation Commission. After Mr Mkhonza was released, he was ordered to remain in Nhlangano and not to set foot in Manzini or Mbabane, despite the fact that his union’s headquarters are located in Mbabane. He was told not to go to Mbabane “until further notice”. The same orders were issued to Emmanuel Dlamini, Recording Secretary of the Swaziland National Association of Teachers (SNAT), and to Sidumo Dlamini, Chairperson of the SNAT’s Elections’ Committee. Meanwhile, armed forces were holding road blocks and harassing anyone wearing a union T-shirt in all roads leading to Mbabane and Manzini.

On 1 May 2012, the government deployed armed police to hold roadblocks on all the main roads leading to Manzini, intimidating workers who were wearing TUCOSWA t-shirts and ordering that they return to get “dressed properly”. Buses ferrying workers from regions outside Manzini were stopped and turned back at police roadblocks on very dubious claims ranging from un-roadworthiness to unaccepted variation permits. The police maintained a heavy intimidatory presence in every corner of the sports ground where May day celebrations were taking place. It brutally confiscated ten TUCOSWA banners, which led to a scuffle that resulted in the arrest of some activists and leaders, including TUCOSWA’s second Deputy Secretary General Muzi Mhlanga, and the Hhohho Regional Chairperson of the National Public Servants and Allied Workers Union (NAPSAWU), Oscar Nkambule. The arrested comrades were harassed, assaulted and further detained by the police at the Manzini Regional police headquarters, and later released without further charges.

On Tuesday 15 May, Swazi police fired tear gas at bus drivers in the kingdom’s commercial centre Manzini. Violence erupted as police tried to force bus drivers to move from the main Manzini station to a new satellite hub outside the city. Drivers returned to occupy the old station, and stoned police who tried to remove them. Police responded with tear gas and batons, chasing the drivers through the streets for several hours. The Swaziland Transport and Allied Workers Union (STAWU) responded by calling for a nine-day national strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike from May 29, threatening to block all imports from neighbouring South Africa

In the run-up to the 101^st ILC, in June in Geneva, the Swazi government recognised a new and mysterious organisation by the name of Swaziland Economic Empowerment Workers Union as the body that should represent Swazi workers at the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights . It also tried to prevent the legitimate workers’ representatives, ie TUCOSWA leadership, from attending it, and to replace them by so-called workers’ representatives from the bogus organisation.

On Wednesday 11 July, actions by the National Public Service and Allied Workers’ Union (NAPSAWU), the Swaziland Transport and Allied Workers’ Union (STAWU) and the Swaziland National Association of Teachers (SNAT) were met with disproportionate violence, including the use of tear gas canisters, batons and rubber bullets. NAPSAWU President Quinton Dlamini was arrested while he was on his way to support the industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. taken by the SNAT. They were demanding a 4.5% salary increase, which is way below Swaziland’s inflation rate, and the withdrawal of the newly-established 14% VAT on a number of commodities.

NAPSAWU had, together with the Swaziland Democratic Nurses Union, organised a gathering at Coronation Park in Mbabane on 11 July. The police broke up this peaceful meeting with excessive violence, using batons, tear gas and even rubber bullets to disperse its 500 participants. Eight people were shot, and five were seriously beaten up. In total, twelve people needed to be hospitalised. In spite of this excessive repression, NAPSAWU managed to mobilise workers to subsequently deliver a petition to the Public Service Principal Secretary, Ms. Sibongile Mazibuko, who upon receiving it expressed her sympathy with those who had been injured. Furthermore, the Swazi police arrested NAPSAWU President Quinton Dlamini while he was on his way to support the industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. taken by the teachers’ union, in their outspoken support of their trade union colleagues’ actions.