A resolution condemning the human rights record of the Government of the Kingdom of Eswatini and the brutal killing of Eswatini activist Thulani Maseko on January 21, 2023.

III ★(Star Print) 118TH CONGRESS 2D SESSION S. RES. 174 Condemning the human rights record of the Government of the Kingdom of Eswatini and the brutal killing of Eswatini activist Thulani Maseko on January 21, 2023. IN THE SENATE OF THE UNITED STATES APRIL 26, 2023 Mr. COONS (for himself, Mr. RISCH, Mr. BOOKER, Mr. SCOTT of South Caro- lina, and Mr. DURBIN) submitted the following resolution; which was re- ferred to the Committee on Foreign Relations JUNE 12, 2023 Reported by Mr. MENENDEZ, with an amendment and an amendment to the preamble APRIL 15, 2024 Considered, amended, and agreed to RESOLUTION Condemning the human rights record of the Government of the Kingdom of Eswatini and the brutal killing of Eswatini activist Thulani Maseko on January 21, 2023. Whereas Eswatini, one of the world’s last absolute monar- chies, is ruled by King Mswati III, who has been in power for more than 36 years, and exercises ultimate au- thority over all branches of the national government and effectively controls local and national governance through his influence over traditional chiefs and the selection of VerDate Sep 11 2014 01:46 May 23, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR174.ATS SR174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 SRES 174 ATS1S House of Assembly candidates and control over the na- tional electoral system; Whereas human rights and democracy advocates in Eswatini have faced repression and persecution, including arbi- trary arrests, detention, and torture, and have faced on political gatherings and restrictions on their civil liberties, including with respect to expression, assembly, and free- dom of the press; Whereas the Government of the Kingdom of Eswatini has used laws such as the Suppression of Terrorism Act of 2008, and the Sedition and Subversive Activities Act of 1938, to suppress free speech and stifle criticism of the monarch; Whereas, from June to October 2021, the country witnessed nationwide demonstrations against security sector abuses, with protests evolving into demands for democratic re- forms; Whereas King Mswati III’s government employed excessive force and arbitrary arrests and detention, as well as internet shutdowns, to repress pro-democracy protests and related advocacy activities, restrict the activities of human rights advocates, and impose blanket bans on peaceful protests; Whereas official sources note security forces in Eswatini re- sponded with violence against protestors, reportedly kill- ing more than 46 people, injuring more than 245, and detaining or arresting hundreds of others, although the international community suggests the true death toll is higher; Whereas the Government of the Kingdom of Eswatini de- tained two members of parliament on spurious charges VerDate Sep 11 2014 01:46 May 23, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR174.ATS SR174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 SRES 174 ATS1S for more than 18 months under the Suppression of Ter- rorism Act, and charged them with terrorism and murder for allegedly encouraging pro-democracy protests and calling for a democratically elected prime minister and other reforms; Whereas regional human rights organizations continue to re- ceive reports of lawyers and judges being harassed, threatened, and intimidated for their actual, alleged, or suspected support of the ongoing pro-democracy move- ment, in contravention of their constitutional rights; Whereas, following a visit to Eswatini by Southern African Development Community (SADC) delegates in November 2021, King Mswati III agreed to provide for a national dialogue to address the civil unrest structured in the for- mat of a sibaya, a royally-convened and -controlled tradi- tional civic consultative forum, but since then has ignored widespread demands of the pleas of citizens, opposition politicians, civil society, and the regional and inter- national community for a genuine consultative forum in- clusive of diverse political views, while continuing the gov- ernment’s crackdown on dissenting voices; Whereas, in October 2021, United Nations Secretary-General Antonio Guterres called on the Eswatini authorities to ensure that the people of Eswatini are able to exercise their civil and political rights peacefully; Whereas reports indicate that the Government of the King- dom of Eswatini has contracted with international secu- rity companies to train government security forces to re- spond to violence in the country, resulting in increased intimidation against dissenting voices; VerDate Sep 11 2014 01:46 May 23, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR174.ATS SR174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 SRES 174 ATS1S Whereas Thulani Maseko, a prominent human rights lawyer, Chairman of the Multi-Stakeholder Forum, an organiza- tion comprised of various civil society groups calling for constitutional reforms in Eswatini, and a champion of so- cial justice, routinely criticized King Mswati III for un- dermining judicial independence and called for a more democratic legal system in Eswatini; Whereas, in 2014, Thulani Maseko and fellow human rights advocate Bheki Makhubu were charged and sentenced to two years in prison for writing and publishing an article that criticized the country’s Chief Justice and drew at- tention to the lack of independence of Eswatini’s judicial system; Whereas, on June 30, 2015, Thulani Maseko and Bheki Makhubu were acquitted and released after Eswatini’s supreme court found that they had been wrongly con- victed; Whereas Thulani Maseko made an immense contribution to the advancement of justice and human rights in Eswatini and, more broadly, throughout southern Africa, including through fact-finding missions, including to Zimbabwe, Mozambique, and Malawi, where he reported on the dete- rioration of civic space; Whereas, on January 21, 2023, Thulani Maseko was shot and killed by an unknown gunman at his home in Luyengo, Mbabane, in front of his wife and children; Whereas the assassination of Thulani Maseko occurred amid a rise in Swazi government intimidation of King Mswati III’s critics, many of whom have called for political re- forms in Eswatini, and an overall escalation of violence in the country, including the killings of members of the VerDate Sep 11 2014 01:46 May 23, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR174.ATS SR174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 SRES 174 ATS1S security forces and attacks on traditional leaders, as well as state security force element attacks on and legal har- assment of pro-democracy advocates; Whereas the United States Department of State, multilateral organizations such as the SADC, the African Union, and the European Union, as well as the human rights com- munity, including Amnesty International and Human Rights Watch, have called for a full and transparent in- vestigation into Mr. Maseko’s murder; Whereas, on January 25, 2023, the Department of State de- livered a statement underscoring United States con- demnation and broader global condemnation of Mr. Maseko’s murder, the need for an impartial and trans- parent investigation and accountability for those respon- sible for his killing, nonviolence on all sides, and tangible movement on a credible, inclusive national dialogue; Whereas the Government of the Kingdom of Eswatini has failed to announce progress on an independent investiga- tion to identify and bring to justice those responsible for Thulani Maseko’s murder; and Whereas a failure to investigate the unlawful killing of Thulani Maseko and to bring the perpetrators to justice would be a violation of Eswatini’s obligations as a State Party to the International Covenant on Civil and Political Rights: Now, therefore, be it Now, therefore, be it Resolved, That the Senate— 1 (1) condemns the brutal murder of Thulani 2 Maseko and the worsening cycle of political violence 3 and instability in Eswatini; 4 VerDate Sep 11 2014 01:46 May 23, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SR174.ATS SR174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 SRES 174 ATS1S (2) expresses deep concern about reports of 1 continued human rights violations against the people 2 of Eswatini, and the harassment of advocates for 3 human rights and democratic practice and constitu- 4 tionalism in Eswatini; 5 (3) calls on the Government of the Kingdom of 6 Eswatini to— 7 (A) undertake a full, transparent, and im- 8 partial criminal investigation into the assassina- 9 tion of Thulani Maseko and hold perpetrators 10 accountable; 11 (B) cease surveilling and intimidating 12 human rights activists fighting to protect fun- 13 damental freedoms; 14 (C) uphold freedoms of peaceful assembly 15 and expression, as well as corresponding rights 16 in the Eswatini constitution; 17 (D) expeditiously initiate pre-dialogue 18 preparations and announce a firm date by 19 which a credible, inclusive dialogue on constitu- 20 tional and political reform will begin starting 21 prior to scheduled September 2023 elections; 22 (E) engage in good faith in a credible, in- 23 clusive national dialogue to address long- 24 standing demands for democratic reforms; and 25 VerDate Sep 11 2014 01:46 May 23, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SR174.ATS SR174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 SRES 174 ATS1S (F) fully staff and empower a full com- 1 plement of Commission of Human Rights and 2 Public Accountability (CHRPA) human rights 3 investigation staff, install an appointed Com- 4 missioner, make CHRPA fully independent 5 from the Ministry of Justice and other govern- 6 ment interference in line with commitments to 7 treaty conventions and the Paris Principle, and 8 take action to address CHRPA’s recommenda- 9 tions; 10 (4) calls on the Office of the United Nations 11 High Commissioner for Human Rights to conduct 12 an independent investigation into Mr. Maseko’s as- 13 sassination and human rights violations in Eswatini; 14 and 15 (5) encourages the Secretary of State and the 16 Administrator of the United States Agency for 17 International Development to— 18 (A) maintain and expand support for jour- 19 nalists, human rights advocates, and the rule of 20 law and media freedoms in Eswatini; and 21 (B) encourage the SADC to take action to 22 address the political and human rights crisis in 23 Eswatini, including by working to convene a 24 credible consultative forum inclusive of diverse 25 VerDate Sep 11 2014 01:46 May 23, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SR174.ATS SR174 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 SRES 174 ATS1S political views and civil society to address issues 1 related to political space and democratic re- 2 form. 3 Æ VerDate Sep 11 2014 01:46 May 23, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\SR174.ATS SR174 kjohnson on DSK7ZCZBW3PROD with $$_JOB