The State of Press Freedom in Southern Africa 2023 (MISA Report)

Roving Journalist · 2024-06-18T07:12:21+00:00

ESWATINI HUMAN RIGHTS VIOLATIONS, OUTDATED LAWS LINGER Introduction DESPITE the constitutionally guaranteed rights to freedom of expression, freedom of association and access to information, the government of Eswatini has consistently been accused of various human rights violations. The lack of progress into the investigation of the murder of human rights lawyer and activist, Thulani Maseko a year after his assassination has been criticised by the United Nations Group of Experts as “outrageous” and described as: “creating a climate of impunity and a chilling effect on the human rights movement in Eswatini.” (1) The 2022 Country Report on Human Rights Practices, produced by the United States Department of State, details significant human rights issues that include, but are not limited to reports of unlawful or arbitrary killings; cruel, inhuman or degrading treatment or punishment by the government; political detainees; serious problems with the judiciary, restrictions on media freedom and freedom of expression, including censorship, and government restrictions on harassment of domestic human rights organisations in Eswatini (2). Government policies continue to limit freedom of expression, with about 32 pieces of legislation having been identified as negatively impacting media freedom in the country. These include colonial era laws that undermine journalists’ abilities to protect their sources such as the Magistrate’s Court Act of 1939. Additionally, laws that prohibit the publication of certain types of information such as the Proscribed Publications Act, 1968, Cinematograph Act, 1920 and the Sedition and Subversive Activities Act, 1938 remain in force, despite the promulgation of the 2005 constitution. Legal and regulatory frameworks The importance of access to information legislation cannot be overstated as freedom of information plays a key role in supporting democracy. The absence of an access to information law further hinders the ability of journalists’ to access information from those in public office, as per the mandate of the sector to hold those in power to account. Restrictive legislative frameworks such as the Sedition and Subversive Activities Act (1938) (SSA Act) and the Suppression of Terrorism Act (2008) (STA), have been used to curb fundamental freedoms and convict and imprison human rights defenders and journalists. More recently, the Computer Crime and Cyber Crime Act, passed in 2022, has the potential to negatively impact journalism in the pursuit of freedom of information. The importance of access to information legislation cannot be overstated as freedom of information plays a key role in supporting democracy. The absence of an access to information law further hinders the ability of journalists’ to access information from those in public office, as per the mandate of the sector to hold those in power to account. Restrictive legislative frameworks such as the Sedition and Subversive Activities Act (1938) (SSA Act) and the Suppression of Terrorism Act (2008) (STA), have been used to curb fundamental freedoms and convict and imprison human rights defenders and journalists. More recently, the Computer Crime and Cyber Crime Act, passed in 2022, has the potential to negatively impact journalism in the pursuit of freedom of information. From a policy perspective, Eswatini needs to do more, especially on gender and media issues. According to a 2022 report by UNESCO and the International Centre for Journalists (ICFJ), 73% of women journalists surveyed, reported experiencing online attacks related to their work. The research also found that 25% of women journalists experienced threats of physical violence, including death threats, and 18% experienced threats of sexual violence. In light of these findings, it is critically important to explore the experiences of female journalists for contextually sound strategies and solutions in Eswatini. Angola ANGOLA has taken significant steps to establish a legal framework that upholds freedom of expression. The constitution of the Republic, supported by specific legislation and international commitments, lays the groundwork for fostering a vibrant public discourse. Nonetheless, the true test lies in the consistent and effective enforcement of these laws, ensuring that citizens can express their thoughts and opinions without fear of reprisals. In 2023, the press was under attack on several occasions throughout the year as authorities continued to use draconian media laws to harass journalists. It has been noted that the existence of a hostile environment created by censorship is curtailing online freedoms. In this regard, the government must repeal sedition laws to ensure free speech offline and online. As such, Angola needs to promote freedom of expression proactively. In general journalists in the country encounter a number of direct threats to their safety and in recent years, there have been reports of office break-ins and physical intimidation. While the rise of online media has been a major development, it has also been accompanied by online practices aimed at stifling voices, such as website and computer hacking. Furthermore, while Angola’s constitution guarantees freedom of expression, including for members of the press, there are numerous legal and administrative hurdles to media independence.

Thread starter Roving Journalist
Start date Jun 18, 2024
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africa press freedom report

Roving Journalist

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