(a) Social, Economic and political

Swaziland’s constitution was suspended in 1973. Since then, the King has effectively ruled by decree. Traditional and Westminster-style political systems run parallel to each other. This often results in confusion around, and an overlap between areas of jurisdiction. As a result, basic human rights are exercised and denied, apparently at random. On June 22 2001, the King issued a Proclamation to the Nation with Decree No1 of 2001, a decree effectively enhancing the 1973 decree of his father suspending the constitution, and declaring a de facto state of emergency in Swaziland.

The decree ended a period in which communities opposed to the chieftainship of a member of the royal family were forcibly removed from their land, and two private publications were banned.

A new Constitutional Review Commission chaired by the King’s brother has released a Draft Constitution for national debate as of May 31st until October 2003. The constitutional review process has been dogged by allegations of weak and non-inclusive process as well as contentions over civil liberties. There are no structures in place to ensure a democratic process in the amendment and adoption of the draft. There are concerns that a Constitutional Review Commission and Constitutional Drafting Commission made up of Kings’ appointees and royal family members will ensure minimum reform of the political structure in the country. The nation’s main wish for a Bill of Rights has been thwarted by contradictions in the Draft, supreme powers being invested in the King alone and the dual legal system being upheld by the constitution. The King maintains powers to rule by decree and this creates uncertainties, even, about which system will be prevalent in the country: constitutional rule or royal decree. The draft constitution provides for freedoms of association and assembly but is silent on political parties.

Public opinion is divided around the wish to modernise Swaziland’s political systems, and the desire to maintain governance through traditional structures.

Elections took place in October 2003 despite uncertainties around the impending adoption of the constitution and the subsequent tenure of office of the new parliament since the draft constitution contained a clause which clearly stated that six months after the adoption of a new constitution elections will have to be held

Civil Society is more organised and is currently working at grassroots level to ensure full citizen understanding and participation in the dialogue on the draft constitution.

The legal system is in total disarray because of the Executive subterfuge.

While the country has a relatively high per capita income of USD1360, the distribution of wealth is skewed, and about 70 per cent of the population survive on less than USD10 per month. There is also a 40% rise in unemployment.

Much of the country’s population of 1 million, as well as its main services, are concentrated along a corridor between the two commercial centres of Mbabane, the capital, and Manzini. However, the source of much of the country’s wealth is produced in sugar plantations located in the more rural east of the country.

The Tinkhundla System is central to rural societies but not urban ones.

Swaziland has the highest HIV infection rates in the SADC region (currently estimatedat 42 per cent). It has highest HIV/AIDS prevalence rate in the world.

(b) Media, Freedom of Expression and Information & Communication Technologies

Currently Swaziland does not have a media policy. Media practitioners are concerned with a policy which is currently being crafted for the ICT portfolio which impinges on media issues.

Media practitioners have been tasked to come up with a self regulatory structure after the Media Council Bill was rejected by the Houses of Parliament but has thus far failed to materialise.

The uneasy status quo that existed for many years between the country’s established private and semi-private media was thrown out of sync in 2001 by the emergence of two new publications − The Nation and The Guardian. The government banned both publications, ironically on World Press Freedom Day, for overstepping the invisible line that marks what is acceptable and unacceptable for the media to cover. Until now, the media and government have danced around these fringes of acceptability; the government periodically using the battery of repressive legislation or its economic muscle to hit back at media crossing the line. The media would then retreat and lick its wounds, before slowly regaining its courage.

It was hoped that the new media policy could, for the first time, demarcate the boundaries within which the media can act. However, this was too much to hope for. Instead, it has gone on to entrench the powers of the monarchy.

One of the main reasons, it seems, for the government entertaining the elucidation of some media policy is perhaps, a direct response to the pressures it faces from social actors who have demanded independent broadcasting in Swaziland. These pressures may have proved to be unmanageable under the ‘no-policy’ system that enabled government to approve licenses on the whims of individual and often shuffled ministers of information, and for such trivial occasions as the King’s birthday and Incwala ceremonies.

The broadcasting and general media landscape is set to change. Presently, it is dominated by the state that has also allowed a few religious and commercial radio and television channels to beam into Swaziland from outside the country. However, a number of indigenous broadcasting initiatives are waiting in the wings, ready to start broadcasting from within the country if and when they are given the green light by the government. One of these potential broadcasters is Lubombo Community Radio Forum (LCRF). With the support of OSISA, LCRF has, in the past, worked towards becoming Swaziland’s first community radio station. As a result of some determined lobbying, LCRF has over the years been granted one-day temporary licenses to broadcast during special events in and around their Siteki constituency in the east of the country.

The evolution of the media policy needs to be seen within the context of the country’s highly contentious constitutional review process, which has been on-going since the mid-1990s. The published draft national law does not offer much prospect for increased media freedom and people rights. It merely seeks to entrench further the King’s and the royal establishment’s powers and authority over the lives of the Swazis.

In general the media environment is highly oppressive. Professionals are leaving the media in protest at the various draconian laws and King’s decrees that negatively impact on their work.

In 2003, a Media Bill was tabled in parliament whose major thrust would be to force journalists to reveal sources of their information.

All this put together has enabled Swaziland to graduate to the unholy halls of one of the world’s top ten abusers of the media.

The Swazi government’s repression strategy means all access to information is controlled by the state.

The lack of a competent regulator is a barrier to development of the ICT sector.

(c) Education

The roles of government and communities in education are blurred, creating the impression that government does not prioritise the sector.

Structural budgetary shifts are needed to focus more on quality basic education instead of tertiary education.

Early Childhood Development Centres are largely unsupervised and yet they are popular and critical.

There is an overemphasis on academic O’ levels whereas vocational subjects are critical.

Community involvement in basic education is strong in terms of community construction of schools, not involvement in curriculum and pedagogy issues.