[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 174 Reported in Senate (RS)]
<DOC>
Calendar No. 92
118th CONGRESS
1st 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, and Mr. Scott of South
Carolina) submitted the following resolution; which was referred to the
Committee on Foreign Relations
June 12, 2023
Reported by Mr. Menendez, with an amendment and an amendment to the
preamble
[Strike out all after the resolving clause and insert the part printed
in italic]
[Strike the preamble and insert the part printed in italic]
_______________________________________________________________________
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 monarchies, is ruled by King
Mswati III, who has been in power for more than 36 years, and exercises
ultimate authority over all branches of the national government and
effectively controls local and national governance through his influence
over traditional chiefs and the selection of House of Assembly
candidates and control over the national electoral system;
Whereas human rights and democracy advocates in Eswatini have faced repression
and persecution, including arbitrary arrests, detention, and torture,
and have faced on political gatherings and restrictions on their civil
liberties, including with respect to expression, assembly, and freedom
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 reforms;
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
protests demanding democracy and respect for internationally recognized
human rights;
Whereas official sources note security forces in Eswatini responded with
violence against protestors, reportedly killing 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 detained two members of
parliament on spurious charges for more than 18 months under the
Suppression of Terrorism 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 receive reports of
lawyers and judges being harassed, threatened, and intimidated for their
actual, alleged, or suspected support of the ongoing pro-democracy
movement, 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 format
of a sibaya, a royally convened and controlled traditional civic
consultative forum, but since then has ignored widespread demands of the
pleas of citizens, opposition politicians, civil society, and the
regional and international community for a genuine consultative forum
inclusive of diverse political views, while continuing the government'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 Kingdom of Eswatini has
contracted with international security companies to train government
security forces to respond to violence in the country, resulting in
increased intimidation against dissenting voices;
Whereas Thulani Maseko, a prominent human rights lawyer, Chairman of the Multi-
Stakeholder Forum, an organization comprised of various civil society
groups calling for constitutional reforms in Eswatini, and a champion of
social justice, routinely criticized King Mswati III for undermining
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 attention 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
convicted;
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 deterioration
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 reforms in Eswatini, and an overall escalation of
violence in the country, including the killings of members of the
security forces and attacks on traditional leaders, as well as state
security force element attacks on and legal harassment of pro-democracy
advocates;
Whereas the United States Department of State, mulitlateral organizations such
as the SADC, the African Union, and the European Union, as well as the
human rights community, including Amnesty International and Human Rights
Watch, have called for a full and transparent investigation into Mr.
Maseko's murder;
Whereas, on January 25, 2023, the Department of State delivered a statement
underscoring United States condemnation and broader global condemnation
of Mr. Maseko's murder, the need for an impartial and transparent
investigation and accountability for those responsible 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 investigation 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
Whereas Eswatini, one of the world's last absolute monarchies, is ruled by King
Mswati III, who has been in power for more than 36 years, and exercises
ultimate authority over all branches of the national government and
effectively controls local and national governance through his influence
over traditional chiefs and the selection of House of Assembly
candidates and control over the national electoral system;
Whereas human rights and democracy advocates in Eswatini have faced repression
and persecution, including arbitrary arrests, detention, and torture,
and have faced on political gatherings and restrictions on their civil
liberties, including with respect to expression, assembly, and freedom
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 reforms;
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 responded with
violence against protestors, reportedly killing 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 detained two members of
parliament on spurious charges for more than 18 months under the
Suppression of Terrorism 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 receive reports of
lawyers and judges being harassed, threatened, and intimidated for their
actual, alleged, or suspected support of the ongoing pro-democracy
movement, 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 format
of a sibaya, a royally-convened and -controlled traditional civic
consultative forum, but since then has ignored widespread demands of the
pleas of citizens, opposition politicians, civil society, and the
regional and international community for a genuine consultative forum
inclusive of diverse political views, while continuing the government'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 Kingdom of Eswatini has
contracted with international security companies to train government
security forces to respond to violence in the country, resulting in
increased intimidation against dissenting voices;
Whereas Thulani Maseko, a prominent human rights lawyer, Chairman of the Multi-
Stakeholder Forum, an organization comprised of various civil society
groups calling for constitutional reforms in Eswatini, and a champion of
social justice, routinely criticized King Mswati III for undermining
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 attention 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
convicted;
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 deterioration
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 reforms in Eswatini, and an overall escalation of
violence in the country, including the killings of members of the
security forces and attacks on traditional leaders, as well as state
security force element attacks on and legal harassment 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 community, including Amnesty International and Human Rights
Watch, have called for a full and transparent investigation into Mr.
Maseko's murder;
Whereas, on January 25, 2023, the Department of State delivered a statement
underscoring United States condemnation and broader global condemnation
of Mr. Maseko's murder, the need for an impartial and transparent
investigation and accountability for those responsible 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 investigation 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--
<DELETED> (1) condemns the brutal murder of Thulani Maseko
and the worsening cycle of political violence and instability
in Eswatini;</DELETED>
<DELETED> (2) expresses deep concern about reports of
continued human rights violations against the people of
Eswatini, and the harassment of advocates for human rights and
democratic practice and constitutionalism in
Eswatini;</DELETED>
<DELETED> (3) calls on the Government of the Kingdom of
Eswatini to--</DELETED>
<DELETED> (A) undertake a full, transparent, and
impartial criminal investigation into the assassination
of Thulani Maseko and hold perpetrators
accountable;</DELETED>
<DELETED> (B) cease surveilling and intimidating
human rights activists fighting to protect fundamental
freedoms;</DELETED>
<DELETED> (C) uphold internationally recognized
human rights, including the rights of freedom of
assembly and freedom of speech, as well as
corresponding rights in the Eswatini
constitution;</DELETED>
<DELETED> (D) expeditiously initiate pre-dialogue
preparations and announce a firm date by which a
credible, inclusive dialogue on constitutional and
political reform will begin starting prior to scheduled
September 2023 elections;</DELETED>
<DELETED> (E) engage in good faith in a credible,
inclusive national dialogue to address longstanding
demands for democratic reforms; and</DELETED>
<DELETED> (F) fully staff and empower a full
complement of Commission of Human Rights and Public
Accountability (CHRPA) human rights investigation
staff, install an appointed Commissioner, make CHRPA
fully independent from the Ministry of Justice and
other government interference in line with commitments
to treaty conventions and the Paris Principle, and take
action to address CHRPA's recommendations;</DELETED>
<DELETED> (4) calls on the Office of the United Nations High
Commissioner for Human Rights to conduct an independent
investigation into Mr. Maseko's assassination and human rights
violations in Eswatini;</DELETED>
<DELETED> (5) encourages the Secretary of State and the
Administrator of the United States Agency for International
Development to--</DELETED>
<DELETED> (A) maintain and expand support for
journalists, human rights advocates, and the rule of
law and media freedoms in Eswatini; and</DELETED>
<DELETED> (B) encourage the SADC to take action to
address the political and human rights crisis in
Eswatini, including by working to convene a credible
consultative forum inclusive of diverse political views
and civil society to address issues related to
political space and democratic reform; and</DELETED>
<DELETED> (6) encourages the Secretary of State and the
Secretary of the Treasury to consider targeted sanctions
against any individuals and entities committing violations of
internationally recognized human rights in Eswatini.</DELETED>
That the Senate--
(1) condemns the brutal murder of Thulani Maseko and the
worsening cycle of political violence and instability in
Eswatini;
(2) expresses deep concern about reports of continued human
rights violations against the people of Eswatini, and the
harassment of advocates for human rights and democratic
practice and constitutionalism in Eswatini;
(3) calls on the Government of the Kingdom of Eswatini to--
(A) undertake a full, transparent, and impartial
criminal investigation into the assassination of
Thulani Maseko and hold perpetrators accountable;
(B) cease surveilling and intimidating human rights
activists fighting to protect fundamental freedoms;
(C) uphold freedoms of peaceful assembly and
expression, as well as corresponding rights in the
Eswatini constitution;
(D) expeditiously initiate pre-dialogue
preparations and announce a firm date by which a
credible, inclusive dialogue on constitutional and
political reform will begin starting prior to scheduled
September 2023 elections;
(E) engage in good faith in a credible, inclusive
national dialogue to address longstanding demands for
democratic reforms; and
(F) fully staff and empower a full complement of
Commission of Human Rights and Public Accountability
(CHRPA) human rights investigation staff, install an
appointed Commissioner, make CHRPA fully independent
from the Ministry of Justice and other government
interference in line with commitments to treaty
conventions and the Paris Principle, and take action to
address CHRPA's recommendations;
(4) calls on the Office of the United Nations High
Commissioner for Human Rights to conduct an independent
investigation into Mr. Maseko's assassination and human rights
violations in Eswatini;
(5) encourages the Secretary of State and the Administrator
of the United States Agency for International Development to--
(A) maintain and expand support for journalists,
human rights advocates, and the rule of law and media
freedoms in Eswatini; and
(B) encourage the SADC to take action to address
the political and human rights crisis in Eswatini,
including by working to convene a credible consultative
forum inclusive of diverse political views and civil
society to address issues related to political space
and democratic reform; and
(6) encourages the Secretary of State and the Secretary of
the Treasury to consider targeted sanctions under the Global
Magnitsky Human Rights Accountability Act (subtitle F of title
XII of Public Law 114-328; 22 U.S.C. 2656 note) in the context
of Eswatini.
Calendar No. 92
118th CONGRESS
1st Session
S. RES. 174
_______________________________________________________________________
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.
_______________________________________________________________________
June 12, 2023
Reported with an amendment and an amendment to the preamble