REFLECTIONS ON THE COMMUNIQUé OF THE EXTRAORDINARY SADC TROIKA SUMMIT. Implications on the protracted governance and human rights crisis in Eswatini

The Extra-Ordinary Organ Troika Summit of Heads of State and Government of the Southern African Development Community (SADC) was held on the 31st of January 2023. The Organ is a key mechanism for promoting peace, security, and stability in the Southern African Development Community (SADC) region. It operates on a Troika basis, which means that its management is rotated among the member states and is coordinated by the current, incoming, and outgoing Chairpersons. It is responsible for providing strategic direction to the member states on matters that could potentially threaten the peace, security, and stability of the region. This includes issues such as conflict resolution, peacekeeping operations, counterterrorism efforts, and the prevention of transnational crimes such as drug trafficking and illegal arms trade.

The Extra-Ordinary Organ Troika Summit?was aptly convened to assess the security threats in 4countries namely, DRC, Eswatini, Mozambique, and Lesotho. In the eastern part of the Democratic Republic of Congo (DRC), the security situation is worsening, with an upsurge of conflicts involving armed groups, such as M23 rebels, and the alleged support provided to the armed groups by foreign forces. In the Mozambican northern region of Cabo Delgado, the ongoing terrorism and insecurity are destroying the very fabric of society: the Islamist insurgency has committed heinous acts like beheadings, abducting children, and destroying schools and hospitals, leading to a humanitarian disaster and over a million displaced Mozambicans.

At the same time, when the Troika convened in Namibia’s capital of Windhoek, hundreds of mourners had gathered the previous Saturday in the kingdom of Eswatini to pay tribute to an internationally renowned and multi-award winning human rights lawyer brazenly shot dead in front of his wife and two children at their home, after years of agitating for the end of Africa’s last absolute monarchy.

The human rights and governance situation in Eswatini, which is ruled by King Mswati III as an absolute monarchy, has long been the subject of widespread criticism by pro-democracy champions, trade unionists, human rights activists, CSOs, human rights organizations, and the international community. King Mswati has been suppressing political dissent and violating the rights of the people of Eswatini, including the right to freedom of expression, association, and assembly, as well as the right to a fair trial.

Additionally, press freedom is restricted and undermined by censorship, as well as its harassment and intimidation of journalists and opposition politicians. The police force and military have been using excessive force to suppress dissent and prevent individuals from expressing their opinions and grievances through peaceful protests. The country's judiciary has been criticized for its lack of independence and impartiality, and for failing to provide fair trials for citizens accused of crimes. Last year, a national protest broke out as citizens’ opportunity to submit petitions to parliament was blocked. The people were calling for the right to elect their representatives under a multiparty arrangement. The King’s security outfits violently smashed the protests leading to scores of deaths, hundreds of injuries, and hundreds more detained without trial. So far, calls for a thorough investigation and prosecution of the brutal and repressive management of the protests have been ignored. ??

Despite these criticisms, King Mswati and the government of Eswatini have resisted calls for democratic reform and have shown little willingness to address the human rights and governance issues facing the country. The country remains one of the last absolute monarchies in the world, and King Mswati has maintained tight control over the government and the media.?

The killing of the lawyer, Thulani Maseko, has drawn widespread condemnation, including from the United Nations, African Union(AU), United States, the European Union, SADC, trade unions, human rights organisations, and political activists in Eswatini and outside the country is a vindication of the severity of King Mswati’s dictatorship and his penchant to curtail political dissent at all cost.

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Did the Troika address the Eswatini question?

Before the convening of the Troika, Namibian President Hage Geingob, who is also the head of the political and security organ of the Southern African Development Community (SADC), voiced deep concern about and condemned Maseko's assassination. He feared that the lack of progress on national dialogue may cause the situation to degenerate. In his words, he affirmed that “when dialogue fails, people go to war. Therefore, we propose that national and inclusive multi-stakeholder dialogue takes place," said Geingob. This concern was equally shared by the African Union and South African President Cyril Ramaphosa and other regional leaders who called for a ‘swift, transparent and comprehensive investigation’ into the assassination of activist Thulani Maseko.

At the end of the Troika Summit, SADC urged the Government of the Kingdom of Eswatini to urgently initiate the process of the National Dialogue and urged all stakeholders in the Kingdom of Eswatini to remain calm and participate peacefully in the National Dialogue. The summit further condemned all killings and damage to property in the Kingdom of Eswatini and reiterated SADC’s condemnation of the killing of Mr. Thulani.

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The Communique on Eswatini crisis.

The exhortation by SADC that Eswatini should urgently initiate the process of the National Dialogue remains an aspirational statement that does not have the potency to successfully resolve the conflict. King Mswati wields enormous power, constitutionally and also traditionally. It will be foolhardy to expect him, as an aggressor, to facilitate dialogue whose end is to weaken his own power. Under Swazi culture, the highest organ for dialogue is called the Sibaya.

The Sibaya system is an important aspect of traditional culture in Eswatini. It is a form of governance that has been practiced for centuries and involves the resolution of community disputes and the making of important decisions through the participation of community leaders and the king. The Sibaya system is based on the principles of ubuntu, a Bantu term that refers to the interconnectedness of all beings and the importance of social harmony.

However, the Sibaya system has also been criticized for suppressing the voices of ordinary citizens and not allowing for democratic decision-making. According to a study by the Open Society Initiative for Southern Africa (OSISA), "The Sibaya system is perceived as a hindrance to the development of democratic institutions and the protection of individual rights, as it often favours the interests of the ruling elite and does not take into account the opinions of the wider population" (OSISA, 2011). This is because the Sibaya system is seen as being heavily influenced by the king and a small group of community leaders, who often make decisions based on their own interests rather than the needs and desires of the wider population.

In a nutshell, the Sibaya system is an important aspect of Eswatini's traditional culture, but it has also been criticized for suppressing the voices of ordinary citizens and not allowing for democratic decision-making. It is convened and presided over by King Mswati III, and participants speak as individuals and not as collective or organisations’ representations. Strikingly and very worrisome is the fact that no one is allowed to oppose the King in such a meeting.?I wonder how a meeting where other parties are not allowed to speak on their critical issues will make meaningful progress in resolving the conflict.

Instead, the SADC should facilitate the dialogue as it did in Zimbabwe in 2008 where former South African President, Thabo Mbeki was mandated to facilitate the dialogue. The SADC region has eminent citizens, that includes former Presidents that can be deployed to assist in mediating the conflict in Eswatini. Additionally, the SADC has various organs and mechanisms in place to address and resolve political, governance, and humanitarian crisis in member states, including Eswatini. The following are some of the ways in which SADC can help resolve the crisis in Eswatini:

• Mediation and Conflict Resolution: SADC has a standby team of mediators and conflict resolution specialists who can work with the government of Eswatini and the opposition to find a peaceful solution to the current crisis. The SADC Organ on Politics, Defense, and Security Cooperation (OPDSC) is responsible for promoting peace, security, and stability in the region and can play a crucial role in resolving the crisis in Eswatini in practical terms apart from merely calling for dialogue.
• Facilitation of Dialogue: SADC has the capability to facilitate dialogue between the government and civil society groups to address the concerns of the people and find ways to address the root causes of the crisis. The SADC Parliamentary Forum (SPF) is a platform for elected representatives to engage on regional issues and can help facilitate dialogue between the government and civil society.
• Technical Assistance: SADC can provide technical assistance to the government of Eswatini to improve governance, promote human rights, and support reforms aimed at resolving the crisis. The SADC Technical Cooperation Division (TCD) can provide technical assistance in areas such as public administration, legal and judicial reform, and human rights.
• Monitoring and Assessment: SADC has the capacity to monitor and assess the situation in Eswatini to determine the extent of the crisis and the steps necessary to resolve it. The SADC Observer Mission can be deployed to monitor and report on the political and security situation in the country.
• Sanctions: In severe cases, SADC can impose sanctions on Eswatini to pressure the government to take necessary steps to address the crisis. The OPDSC can take a lead in imposing sanctions, including targeted sanctions against individuals and institutions responsible for human rights abuses or other forms of misconduct.

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Conclusion

In conclusion, the SADC resolution on Eswatini mandating King Mswati III to convene a dialogue at the national level seems not forceful enough to resolve the current crisis. SADC is just procrastinating in making a bold decision. It must be ceased with the matter and provide facilitation, the same way it did in Zimbabwe in 2008 when Tambo Mbeki was chosen to facilitate the mediation.

?SADC has various organs and mechanisms in place to address and resolve political, governance, and humanitarian crisis in member states. It can ably do that through its various organs such as the Organ on Politics, Defense and Security Cooperation (OPDSC), the SADC Parliamentary Forum (SPF), the SADC Observer Mission, and the SADC Technical Cooperation Division (TCD). However, it is important to note that the ultimate responsibility for resolving the crisis lies with the government and people of Eswatini, and SADC's role is to facilitate and support the resolution of the crisis and promote peace, stability, and development in the region.

It is encouraging that SADC used strong language this time by urging the government of Eswatini’ to urgently initiate the process of National Dialogue. SADC further counselled all stakeholders in the Kingdom of Eswatini to remain calm and participate peacefully in the National Dialogue and condemned?‘all killings and damage to property in the Kingdom of Eswatini”. The organ particularly pinpointed the killing of Mr. Thulani Rudolf Maseko, and exhorted the government to ‘conduct a swift, transparent, and comprehensive investigation into the killing of Mr. Maseko”. SADC should move to implement the resolution otherwise it will remain a hollow statement. It’s high time SADC moved beyond issuing statements.