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En En Joint Motion for a Resolution EUROPEAN PARLIAMENT 2014 - 2019 Plenary sitting 20.5.2015 B8-0473/2015 } B8-0475/2015 } B8-0476/2015 } B8-0479/2015 } B8-0481/2015 } B8-0483/2015 } B8-0485/2015 } RC1 JOINT MOTION FOR A RESOLUTION pursuant to Rules 135(5) and 123(4), of the Rules of Procedure replacing the motions by the following groups: ECR (B8-0473/2015) EFDD (B8-0475/2015) Verts/ALE (B8-0476/2015) ALDE (B8-0479/2015) GUE/NGL (B8-0481/2015) PPE (B8-0483/2015) S&D (B8-0485/2015) on Swaziland, the case of human rights activists Thulani Maseko and Bheki Makhubu (2015/2712(RSP)) Cristian Dan Preda, Tunne Kelam, Elmar Brok, David McAllister, Claude Rolin, Bogdan Brunon Wenta, Jiří Pospíšil, Marijana Petir, Davor Ivo Stier, Therese Comodini Cachia, Andrej Plenković, Franck Proust, Giovanni La Via, Tomáš Zdechovský, Jarosław Wałęsa, Eduard Kukan, József Nagy, Ivan RC\1062109EN.doc PE555.254v01-00 } PE555.256v01-00 } PE555.257v01-00 } PE555.260v01-00 } PE555.262v01-00 } PE555.264v01-00 } PE558.855v01-00 } RC1 EN United in diversityEN Štefanec, Monica Macovei, Pavel Svoboda, Jeroen Lenaers, Dubravka Šuica, Michaela Šojdrová, Jaromír Štětina, Brian Hayes, Roberta Metsola, Ramona Nicole Mănescu, Tadeusz Zwiefka, Ildikó Gáll-Pelcz, Joachim Zeller, László Tőkés, Seán Kelly, Stanislav Polčák, Ivana Maletić, Michael Gahler, Andrzej Grzyb, Barbara Kudrycka on behalf of the PPE Group Josef Weidenholzer, Victor Boştinaru, Richard Howitt, David Martin, Jude Kirton-Darling, Elena Valenciano, Pier Antonio Panzeri, Agnes Jongerius, Liisa Jaakonsaari, Miriam Dalli, Krystyna Łybacka, Viorica Dăncilă, Victor Negrescu, Tibor Szanyi, Brando Benifei, Theresa Griffin, Michela Giuffrida, Siôn Simon, Doru-Claudian Frunzulică, Hugues Bayet, Miroslav Poche, Zigmantas Balčytis, Vilija Blinkevičiūtė, Nicola Danti, Sergio Gutiérrez Prieto, Nicola Caputo, Neena Gill, Marlene Mizzi, Biljana Borzan, Momchil Nekov, Enrico Gasbarra, Marc Tarabella, Alessia Maria Mosca, Nikos Androulakis, Demetris Papadakis, Arne Lietz, Inmaculada Rodríguez-Piñero Fernández, José Blanco López, Isabella De Monte, Tonino Picula, Goffredo Maria Bettini, Eric Andrieu, Lidia Joanna Geringer de Oedenberg, Eider Gardiazabal Rubial, Jonás Fernández, Damiano Zoffoli, Kashetu Kyenge, Javi López, Afzal Khan, Jeppe Kofod, Julie Ward, Carlos Zorrinho, Andi Cristea, Soraya Post on behalf of the S&D Group Charles Tannock, Mark Demesmaeker, Hans-Olaf Henkel, Ryszard Czarnecki, Anna Elżbieta Fotyga on behalf of the ECR Group Javier Nart, Philippe De Backer, Louis Michel, Pavel Telička, Maite Pagazaurtundúa Ruiz, Juan Carlos Girauta Vidal, Marietje Schaake, Ilhan Kyuchyuk, Fernando Maura Barandiarán, Ramon Tremosa i Balcells, Gérard Deprez, Ivan Jakovčić, Ivo Vajgl, Petr Ježek, Fredrick Federley, José Inácio Faria, Beatriz Becerra Basterrechea, Alexander Graf Lambsdorff, Hilde Vautmans, Frédérique Ries, Jozo Radoš, Izaskun Bilbao Barandica, Nathalie Griesbeck, Yana Toom, Martina Dlabajová, Marielle de Sarnez, Urmas Paet, Johannes Cornelis van Baalen, Hannu Takkula on behalf of the ALDE Group Lidia Senra Rodríguez, Marie-Christine Vergiat, Stelios Kouloglou, Curzio Maltese, Paloma López Bermejo on behalf of the GUE/NGL Group Judith Sargentini, Maria Heubuch, Heidi Hautala, Barbara Lochbihler, Ernest Urtasun, Bodil Ceballos, Igor Šoltes on behalf of the Verts/ALE Group Ignazio Corrao, Fabio Massimo Castaldo, Dario Tamburrano on behalf of the EFDD Group RC\1062109EN.doc PE555.254v01-00 } PE555.256v01-00 } PE555.257v01-00 } PE555.260v01-00 } PE555.262v01-00 } PE555.264v01-00 } PE558.855v01-00 } RC1 EN European Parliament resolution on Swaziland, the case of human rights activists Thulani Maseko and Bheki Makhubu (2015/2712(RSP)) The European Parliament, – having regard to the Cotonou Agreement, – having regard to the Universal Declaration of Human Rights, – having regard to the International Covenant on Civil and Political Rights, – having regard to the African Charter on Human and Peoples’ Rights, – having regard to the Swaziland Industrial Relations Act, 2000 (amended), – having regard to the International Labour Organisation (ILO) Decent Work Country Programme for Swaziland, – having regard to the Universal Periodic Review (UPR) of Swaziland before the UN Human Rights Council, held on 4 October 2011, – having regard to the EU’s Generalised System of Preferences (GSP), as approved by Parliament on 31 October 2012, – having regard to the EU statement made at the 103rd session of the International Labour Conference in Geneva on 6 June 2014, – having regard to the statement made by the Spokesperson for the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on 30 July 2014 on the sentencing of The Nation magazine editor Bheki Makhubu and human rights lawyer Thulani Maseko, – having regard to African Commission on Human and Peoples’ Rights (ACHPR) resolution 286 on freedom of expression in the Kingdom of Swaziland, – having regard to the Local EU Statement of 1 April 2014 on the recent arrest and continued detention of The Nation magazine editor Bheki Makhubu and human rights lawyer Thulani Maseko, – having regard to the press release issued on 28 March 2014 by the ACHPR Special Rapporteur on Freedom of Expression and Access to Information in Africa on the arrest of Mr Thulani Rudolf Maseko and Mr Bheki Makhubu, – having regard to Rules 135(5) and 123(4) of its Rules of Procedure, RC\1062109EN.doc PE555.254v01-00 } PE555.256v01-00 } PE555.257v01-00 } PE555.260v01-00 } PE555.262v01-00 } PE555.264v01-00 } PE558.855v01-00 } RC1 EN A. whereas Swaziland is an absolute monarchy under King Mswati III, who instituted a state of emergency in 1973 which is still in place 41 years later, who exercises absolute authority over the cabinet, the parliament and the judiciary, and under whose rule there has been a significant deterioration in the human rights situation and living standards and a rise in chronic poverty, while respect for the rule of law has diminished, as evidenced in particular by the outlawing of political parties; whereas violations of the fundamental rights of workers have become systemic and whereas, over the past decade, the Swazi Government has infringed trade union and human rights and failed to respect interventions by the ILO on the application of its Convention 87; B. whereas Thulani Maseko, a lawyer working for the Trade Union Congress of Swaziland, was arrested on 17 March 2014 after writing an article criticising the lack of independence of the judicial system in Swaziland; whereas, on 19 March 2015, following the publication of a prison letter denouncing his conditions of detention, he was brought before a disciplinary committee in prison without the presence of a lawyer and was then forcefully moved to solitary confinement; whereas, although he has challenged this decision, no date has yet been announced for his High Court hearing; C. whereas Bheki Makhubu, a columnist and editor-in-chief of The Nation, considered to be the country’s sole independent newspaper, was arrested on charges of ‘scandalising the judiciary’ and ‘contempt of court’ following the publication of the article criticising the judicial system; D. whereas, on 17 July 2014, Thulani Maseko and Bheki Makhubu were convicted for contempt of court by the High Court of Swaziland and sentenced to two years’ imprisonment, a ruling which seems disproportionate compared with the usual sentence – 30 days’ imprisonment with the option of paying a fine – imposed in similar cases; whereas the judge presiding the trial, Mpendulo Simelane, had been named in one of the articles published by Mr Maseko’s newspaper, and whereas this represents a clear conflict of interest and an impediment to a fair trial; E. whereas the judicial harassment of critical voices in Swaziland is not limited to the case of Mr Maseko and Mr Makhubu, but is part of a disturbing trend of curtailing freedom of expression in the country, where 32 laws place restrictions on freedom of expression and access to information and political parties have been banned since 1973; F. whereas in addition to using contempt of court charges against their critics, the Swaziland authorities are actively using the 2008 Suppression of Terrorism Act (STA) and the 1938 Sedition and Subversive Activities Act (SSA Act) to intimidate activists and restrict the exercise of the right to freedom of expression, association and peaceful assembly, and whereas the authorities also initiated trial proceedings under the SSA Act against Mr Maseko in September 2014, on a sedition charge first raised against him in 2009; whereas international organisations have condemned the provisions of the STA as incompatible with Swaziland’s human rights obligations on a number of grounds; RC\1062109EN.doc PE555.254v01-00 } PE555.256v01-00 } PE555.257v01-00 } PE555.260v01-00 } PE555.262v01-00 } PE555.264v01-00 } PE558.855v01-00 } RC1 EN G. whereas in April 2014 seven people were arrested and charged with acts of terrorism simply for wearing political T-shirts; whereas, when addressing the parliament on 7 August 2014, Swaziland’s Prime Minister, Barnabas Sibusiso Dlamini, said that two union leaders who had attended the African Summit in Washington DC should be strangled for criticising the government and that only recognised unions should be allowed to celebrate May Day; H. whereas, on 8 October 2014, Winnie Magagula, Swaziland’s Minister of Labour and Social Security, suspended all federations with immediate effect, dissolving the Trade Union Congress of Swaziland (TUCOSWA), the Amalgamated
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