Eswatini‘s Political Prisoners: MPs Bacede Mabuza and Mthandeni Dube Designated Prisoners of Conscience by Amnesty International
Key takeaways: Amnesty International has officially designated Eswatini Members of Parliament Bacede Mabuza and Mthandeni Dube as Prisoners of Conscience, four years after their imprisonment for peacefully advocating for political reform. This designation highlights the escalating repression and misuse of the justice system within Eswatini, raising serious concerns about the state of human rights and democratic freedoms in the nation. This article provides a detailed background, legal context, and the implications of this designation.
Four years have passed as the arrest of Members of Parliament bacede Mabuza and Mthandeni Dube, solely for exercising basic rights to freedom of expression, association, and political participation. Today, Amnesty International formally recognizes their unjust detention, designating them as Prisoners of Conscience – a title reserved for individuals imprisoned for their beliefs without having used or advocated violence.This action underscores a deepening crisis of human rights within Eswatini and serves as a stark condemnation of the government’s increasingly authoritarian tactics.
“By designating Bacede Mabuza and Mthandeni Dube as Prisoners of Conscience, Amnesty International affirms that they should never have been arrested in the first place,” states Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa. “Their continued arbitrary detention shows Eswatini’s deepening climate of repression and misuse of the justice system to punish those who dare criticize the government.”
A Descent into Repression: The Context of the arrests
The arrests of Mabuza and Dube on July 25,2021,were not isolated incidents.They occurred amidst growing calls for democratic reforms within Eswatini, a landlocked nation ruled by King Mswati III as an absolute monarch. Both MPs had been vocal proponents of constitutional change and legal reforms aimed at increasing political participation and accountability. Their advocacy, conducted entirely through peaceful and legitimate channels, was perceived as a threat by the ruling authorities.
Eswatini has long faced criticism for its suppression of dissent. Though, the situation dramatically worsened in 2021, following pro-democracy protests that were met with a brutal crackdown by security forces.The arrests of Mabuza and Dube were a clear signal that any opposition to the King’s rule would be swiftly and severely punished.Amnesty International has consistently documented a pattern of increasing intolerance towards peaceful dissent in Eswatini, including the arbitrary detention, harassment, and prosecution of activists, opposition leaders, and pro-democracy campaigners. This designation of the MPs as Prisoners of Conscience is a direct response to this escalating trend.
The Legal Framework of Oppression: Outdated Laws Used to Silence Critics
The convictions of mabuza and dube are based on deeply problematic legislation that violates international human rights standards. They were charged under the Suppression of Terrorism Act of 2008 and the Sedition and Subversive Activities Act of 1938. These laws are characterized by:
Vague Definitions: The acts lack clear definitions of key terms like “terrorism” and “subversion,” allowing for broad and arbitrary interpretation by authorities.
Chilling Effect on Freedom of Expression: The very existence of these laws creates a climate of fear,discouraging individuals from expressing dissenting opinions or engaging in legitimate political activism.
incompatibility with International Standards: These laws directly contravene internationally recognized rights to freedom of expression, association, and peaceful assembly, as enshrined in the Universal Declaration of human Rights and other international treaties.
On July 31, 2024, the high Court of Eswatini delivered harsh sentences: 85 years imprisonment for Bacede Mabuza and 58 years for Mthandeni Dube. These sentences, widely considered disproportionate and politically motivated, represent a severe blow to democratic principles and the rule of law in Eswatini.
What Does “Prisoner of Conscience” Mean?
The designation of “Prisoner of Conscience” is not merely symbolic. It carries meaningful weight and reflects Amnesty International’s rigorous assessment of a case. According to Amnesty International’s criteria, a Prisoner of conscience is someone imprisoned or restricted for:
Their conscientiously held beliefs: This includes political, religious, or other deeply held convictions. Their ethnicity, sex, color, language, national or social origin, economic status, birth, sexual orientation, or other status.
Non-violent expression of those beliefs: Crucially, the individual must not have used or advocated violence.