[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