Constitution of the Kingdom of Eswatini | |
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Jurisdiction | Eswatini |
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Constitution of Eswatini at Wikisource |
The 2005 constitution is currently in force. [1] The constitution of 6 September 1968 was suspended 12 April 1973 by a State of Emergency decree imposed by King Sobhuza II, the father of the current King Mswati III. The decree gave absolute power to the monarchy and banned organised political opposition to royal rule.
A new constitution was promulgated 13 October 1978, but was not formally presented to the people.
In 2001 King Mswati III appointed a committee to draft a new constitution. [2] The draft was released for comment in May 2003, and was strongly criticised by civil society organizations in Eswatini, as well as by Amnesty International and the International Bar Association, among others.
Amnesty international listed the following criticisms of the draft constitution of 2003:
A new draft was placed before the largely advisory parliament on November 4, 2004. [3] The draft reportedly is substantially the same as the version issued in 2003.
Eswatini's two largest political organisations, the People's United Democratic Movement (PUDEMO) and the Ngwane National Liberatory Congress (NNLC), together with labour unions, challenged the 2004 draft constitution in the Eswatini's High Court. However, in March 2005 the court upheld a ban on opposition political parties, citing the 1973 State of Emergency decree of King Sobhuza II. "It remains the duty and function of the court to uphold and apply the laws of the land, and especially so when constitutional issues are decided", the court ruled. The applicants indicated that they intended to pursue their case in the Court of Appeal. [4]
Trade unions in the country have organized repeated strikes to protest against the lack of labour and political rights and the draft constitution. This included a general strike on 25 and 26 January 2005, although reportedly not widely heeded. [5]
Eswatini, officially the Kingdom of Eswatini and formerly named Swaziland, is a landlocked country in Southern Africa. It is bordered by Mozambique to its northeast and South Africa to its north, west, south, and southeast. At no more than 200 kilometres (120 mi) north to south and 130 kilometres (81 mi) east to west, Eswatini is one of the smallest countries in Africa; despite this, its climate and topography are diverse, ranging from a cool and mountainous highveld to a hot and dry lowveld.
Eswatini is an absolute monarchy with constitutional provisions and Swazi law and Custom. The head of state is the king or Ngwenyama, currently King Mswati III, who ascended to the throne in 1986 after the death of his father King Sobhuza II in 1982 and a period of regency. According to the constitution of Eswatini, the king and Ingwenyama is a symbol of unity and the eternity of the Swazi nation. By tradition, the king reigns along with his mother or a ritual substitute, the Ndlovukati. The former was viewed as the administrative head of state and the latter as a spiritual and national head of state, with real power counterbalancing that of the king, but during the long reign of Sobhuza II the role of the Ndlovukati became more symbolic. The king appoints the prime minister from the legislature and also appoints a minority of legislators to both chambers of Libandla (parliament), with help from an advisory council. The king is allowed by the constitution to appoint some members to parliament for special interests. These special interests are citizens who might have been left out by the electorate during the course of elections or did not enter as candidates. This is done to balance views in parliament. Special interests could be people of gender, race, disability, business community, civic society, scholars, chiefs and so on. The Senate consists of 30 members, of which some are appointed by the king on recommendation of the advisory council and others elected by the lower house. The House of Assembly has 65 seats, 55 of which are occupied by elected representatives from the 55 constituencies around the country, and 10 of which are appointed by the king on recommendation of the advisory council; the attorney general is the ex-officio member. Elections are held every five years.
Artifacts indicating human activity dating back to the early Stone Age have been found in the Kingdom of Eswatini. The earliest known inhabitants of the region were Khoisan hunter-gatherers. Later, the population became predominantly Nguni during and after the great Bantu migrations. People speaking languages ancestral to the current Sotho and Nguni languages began settling no later than the 11th century. The country now derives its name from a later king named Mswati II. Mswati II was the greatest of the fighting kings of Eswatini, and he greatly extended the area of the country to twice its current size. The people of Eswatini largely belong to a number of clans that can be categorized as Emakhandzambili, Bemdzabu, and Emafikamuva, depending on when and how they settled in Eswatini.
Mswati III is the king of Eswatini and head of the Swazi royal family. He was born in Manzini in the Protectorate of Swaziland to King Sobhuza II and one of his younger wives, Ntfombi Tfwala. He was crowned as Mswati III, Ingwenyama and King of Swaziland, on 25 April 1986 at the age of 18, thus becoming the youngest ruling monarch in the world at that time. Together with his mother, Ntfombi Tfwala, now Queen Mother (Ndlovukati), he rules the country as an absolute monarch. Mswati III is known for his practice of polygamy and currently has 15 wives.
Sobhuza II, was the Paramount Chief and later Ngwenyama of Swaziland for 82 years and 254 days, the longest verifiable reign of any monarch in recorded history. Sobhuza was born on 22 July 1899 at Zombodze Royal Residence, the son of Inkhosikati Lomawa Ndwandwe and King Ngwane V. When he was only four months old, his father died suddenly while dancing incwala. Sobhuza was chosen king soon after that and his grandmother Labotsibeni and his uncle Prince Malunge led the Swazi nation until his maturity in 1921. Sobhuza led Swaziland through independence until his death in 1982. He was succeeded by Mswati III, his young son with Inkhosikati Ntfombi Tfwala, who was crowned in 1986.
The People's United Democratic Movement is the largest opposition party in Eswatini. It is a democratic socialist party. Formed in 1983 at the University of Eswatini, it is led by Mlungisi Makhanya. The Swazi government has been monitoring PUDEMO closely since it launched the Ulibambe Lingashoni campaign, which aims for a "total liberation" of Eswatini, and has recently cracked down heavily on even small manifestations of support for PUDEMO, such as the death in custody of PUDEMO member Sipho Jele, who was arrested for wearing a PUDEMO t-shirt in May 2010.
Lobamba is a city in Eswatini, and is one of the two capitals, serving as the legislative, traditional, spiritual, seat of government of the Parliament of Eswatini, and Ludzidzini Royal Village, the residence of Queen Ntfombi, the Queen Mother.
The status of political parties in Eswatini is not clearly defined.
Human rights in Thailand have long been a contentious issue. The country was among the first to sign the UN's Universal Declaration of Human Rights of 1948 and seemed committed to upholding its stipulations; in practice, however, those in power have often abused the human rights of the Thai nation with impunity. From 1977 to 1988, Amnesty International (AI) reported that there were whitewashed cases of more than one thousand alleged arbitrary detentions, fifty forced disappearances, and at least one hundred instances of torture and extrajudicial killings. In the years since then, AI demonstrated that little had changed, and Thailand's overall human rights record remained problematic. A 2019 HRW report expanded on AI's overview as it focuses specifically on the case of Thailand, as the newly government of Prime Minister Prayut Chan-o-cha assumes power in mid-2019, Thailand's human rights record shows no signs of change.
In Eswatini, an inkhundla is an administrative subdivision smaller than a district but larger than an umphakatsi. There are 55 tinkhundla in Eswatini: 14 in Hhohho District, 11 in Lubombo District, 16 in Manzini District, and 14 in Shishelweni District. According to the constitution of Eswatini, the government for Eswatini is a democratic, participatory, tinkhundla-based system that emphasizes devolution of state power from central government to tinkhundla areas and individual merit as a basis for election or appointment to public office. The system is non-partisan since the constitution does not recognize political parties, although section 25 of the constitution allows for open freedom of assembly and association. Each inkhundla elects one representative to the House of Assembly of Eswatini, the lower chamber of the bicameral parliament (Libandla). The same trend is applied in local government elections. This governing system was designed by King Sobhuza II with the assistance of political scholars and lawyers. It came to effect in 1978 and was adjusted in the early 1990s.
There are several monarchies in Africa, defined as either actually or nominally self-governing states, territories, or nations on the continent of Africa where supreme power resides with an individual who is recognized as the head of state. All are similar in that the sovereign inherits their office and typically keeps it until their death or until their abdication. However, only three are currently sovereign, while the remaining are sub-national monarchies. Two of these are constitutional monarchies, in which the sovereign is bound by laws and customs in the exercise of his or her powers, and one is an absolute monarchy (Eswatini), in which the sovereign rules without bounds. The sub-national monarchies are not sovereign, and exist within larger political associations. In addition to these, there are also three dependencies of two European monarchies.
Ngwenyama is the title of the male ruler (King) of Eswatini. The Ngwenyama is the counterpart of the Ndlovukati. The Ndlovukati at certain times may serve as a Regent. The Ndlovukati is usually the Ngwenyama's mother.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Eswatini are limited. LGBT people face legal challenges not experienced by non-LGBT residents. According to Rock of Hope, a Swati LGBT advocacy group, "there is no legislation recognising LGBTIs or protecting the right to a non-heterosexual orientation and gender identity and as a result [LGBT people] cannot be open about their orientation or gender identity for fear of rejection and discrimination". Homosexuality is illegal in Eswatini, though this law is in practice unenforced. According to the 2021 Human Rights Practices Report from the US Department of State, "there has never been an arrest or prosecution for consensual same-sex conduct."
Eswatini, Africa's last remaining absolute monarchy, was rated by Freedom House from 1972 to 1992 as "Partly Free"; since 1993, it has been considered "Not Free". During these years the country's Freedom House rating for "Political Rights" has slipped from 4 to 7, and "Civil Liberties" from 2 to 5. Political parties have been banned in Eswatini since 1973. A 2011 Human Rights Watch report described the country as being "in the midst of a serious crisis of governance", noting that "[y]ears of extravagant expenditure by the royal family, fiscal indiscipline, and government corruption have left the country on the brink of economic disaster". In 2012, the African Commission on Human and Peoples' Rights (ACHPR) issued a sharp criticism of Eswatini's human-rights record, calling on the Swazi government to honor its commitments under international law in regards to freedom of expression, association, and assembly. HRW notes that owing to a 40% unemployment rate and low wages that oblige 80% of Swazis to live on less than US$2 a day, the government has been under "increasing pressure from civil society activists and trade unionists to implement economic reforms and open up the space for civil and political activism" and that dozens of arrests have taken place "during protests against the government's poor governance and human rights record".
Imbokodvo National Movement (INM) was a political party in Swaziland that existed from 1964 until 1973 when political parties were banned. The party was formed by the Swazi National Council, which was the advisory body to King Sobhuza II. It won the first democratic election in Swaziland held in 1967. The party also won the second parliamentary election in 1972. The INM effectively ceased to exist after the banning of political parties in 1973 after the annulment on the constitution and the introduction of a decree in the country.
Ambrose Mandvulo Dlamini was a Swazi business executive who served as the tenth prime minister of Eswatini, holding the office from October 2018 until his death on 13 December 2020.
The Communist Party of Swaziland (CPS) is a Swazi communist party founded on 9 April 2011. It was banned by the Swazi king, Mswati III, shortly after its foundation, and operates clandestinely. The party is headquartered in Kamhlushwa, South Africa.
Government of the Kingdom of Eswatini is the union government created by the constitution of Eswatini where the monarch holds supreme executive, legislative, and judicial powers. The Ngwenyama (lion) is a hereditary leader, rules the country, with the assistance of a council of ministers and a national legislature.
A series of ongoing protests in Eswatini against the monarchy and for democratisation began in late June 2021. Starting as a peaceful protest on 20 June, they escalated after 25 June into violence and looting over the weekend as the government took a hardline stance against the demonstrations and prohibited the delivery of petitions.
Emaswati nationality law is regulated by the Constitution of Eswatini, as amended; the Swaziland Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Eswatini. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Emaswati nationality is typically obtained under the principle of jus soli, i.e. by birth in Eswatini, or jus sanguinis, born to parents with Emaswati nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or the traditional khonta system.