[Congressional Record Volume 170, Number 65 (Monday, April 15, 2024)]
[Senate]
[Pages S2754-S2756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  Mr. SCHUMER. Madam President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 92, S. Res. 174.
  The ACTING PRESIDENT pro tempore. The clerk will report the 
resolution by title.
  The senior assistant legislative clerk read as follows:

       A resolution (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.

  There being no objection, the Senate proceeded to consider the 
resolution, which had been reported from the Committee on Foreign 
Relations, with an amendment to strike all after the resolving clause 
and insert the part printed in italic and with an amendment to the 
preamble to strike the preamble and insert the part printed in italic, 
as follows:

                              S. Res. 174

       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;

[[Page S2755]]

       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--
       (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.
  Mr. SCHUMER. I ask unanimous consent that the Coons amendment at the 
desk to the committee-reported substitute amendment be agreed to; that 
the committee-reported substitute amendment to the resolution, as 
amended, be agreed to; that the resolution, as amended, be agreed to; 
that the committee-reported substitute amendment to the preamble be 
agreed to; that the preamble, as amended, be agreed to; and that the 
motions to reconsider be considered made and laid upon the table.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment (No. 1819) was agreed to as follows:

                (Purpose: To remove sanctions language)

       On Page 13, line 24, insert ``and'' after ``Eswatini;''.
       On page 14, lines 12 and 13, strike ``reform; and'' and 
     insert ``reform.''.
       On page 14, strike lines 14 through 19.

  The committee-reported amendment in the nature of a substitute, as 
amended, was agreed to.
  The resolution (S. Res. 174), as amended, was agreed to.
  The committee-reported amendment in the nature of a substitute to the 
preamble was agreed to.
  The preamble, as amended, was agreed to.
  The resolution, as amended, with its preamble, as amended, reads as 
follows:

                              S. Res. 174

       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,

[[Page S2756]]

     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--
       (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; and
       (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.

                          ____________________