DO WE HAVE FREEDOM OF EXPRESSION IN ESWATINI?

ON Wednesday I was one of the lucky participants in a training workshop hosted by CANGO and Campaign for Freedom of Expression, on using art to drive stimulating and engaging public engagement or opinion. The right to freedom of expression includes the freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. What does freedom of expression mean to you, in Eswatini?

Ideas

Freedom of expression goes beyond the freedom of speech, which is the free exchange of ideas, opinions and information. Freedom of expression includes the way people represent themselves through words, clothing and hairstyle, or through art forms such as writing, drawing, music and dance. It is wider and deeper than just speech. The way someone chooses to dress, or the way they choose to speak, the language they decide to use, and by language I don’t mean English, Siswati or French, I mean the words they use to express themselves all for a part of freedom of expression.

As a writer, I express myself in written word through storytelling, narration and analysis of true events, as well as debating topical issues. But as a woman, I express myself in the way I dress, the way I choose to do my hair and the way I speak. As a mother I can express my values in the way I choose to raise my son, the values I impart in him and the teachings I give him. As a partner I express myself in the way I choose to show love and the how I allow others to treat me. At work there is also a whole range of ways I can express myself, and in the community as well. So expression is really a broad subject and having a human right focusing on it is extremely important. For artists and writers, this forms an integral part of their job. Expressing themselves is what they do for a living, so this campaign and many others like this are a necessity for them.

Convicted

How free is the freedom of expression in Africa? In Eswatini, two former Members of Parliament were convicted under the prevention of terrorism legislation, which has a judgment on its constitutionality pending in the Supreme Court. In Malawi, a citizen was convicted for posting an animation video depicting the president. In Botswana, The Southern Africa Litigation Centre (SALC) is challenging the penal code provision on ‘publishing alarming information’ because it is vague and limits press freedoms. Thus shows me that in writing, we all have freedom of expression, but in reality, no one is allowed to have an opinion, it doesn’t matter how you present that opinion.

In Eswatini, journalists have been suspended and some expelled, politicians have been arrested and convicted, citizens have been threatened and silenced, writers have been censored...it’s a lot. So how far does the freedom of expression go? And why does the censorship only work against certain opinions, usually opinions that question and demand answers. No one has ever been censored for ‘praising’ someone. How many times have you been told ‘utoboshwa’ when you try to express a dissatisfaction with government? Why must questioning authority be a touchy subject? Isn’t that how the country grows? How else would the laws, policies and legislation improve if no one bothers to challenge the status quo?

Attention

The issue of vague laws affecting freedom of expression has garnered attention at the regional level, with calls for decriminalising defamation and similar offences such as sedition and repealing restrictive media and blasphemy laws. Legal reforms in this regard have positively impacted freedom of expression in Africa. The African Commission has also called for outright repealing sedition and criminal defamation offences. These laws pose a significant threat to freedom of expression and human rights, and there is a need for a concerted campaign to address them comprehensively. In 2016, the High Court of Eswatini declared the offences of sedition and subversion unconstitutional, which made the Sedition and Subversive Activities Act ineffective.

It also declared parts of the Suppression of Terrorism Act unconstitutional, specifically the definitions of terrorist acts, terrorist groups, and the offence of supporting terrorist groups. This gives me hope that at least the problem has been recognized, but I’m yet to witness true freedom of expression in the country, in reality. With these strides in mind, having people incarcerated because they chose to express themselves, I feel this was such a blow to this human right, and it took us 10 steps backwards. When freedom of expression becomes a treat to some people, then that’s a clear indication of how much more we need to push for it to be a reality because that means there’s a lot that needs to be said. So, in your little corner, what are you doing to ensure true freedom of expression? Sent from Yahoo Mail on Android

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