Swaziland Archives - Index on Censorship

Contents – The long reach: How authoritarian countries are silencing critics abroad

10 May 24 | Bahrain, Belarus, Brazil, Canada, China, Ecuador, Eritrea, Hong Kong, India, Kazakhstan, Kyrgyzstan, Magazine Contents, Mexico, North Korea, Palestine, Russia, Saudi Arabia, South Korea, Swaziland, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Kingdom, United States, Uzbekistan, Vietnam, Volume 53.01 Spring 2024

The Spring 2024 issue of Index looks at how authoritarian states are bypassing borders in order to clamp down on dissidents who have fled their home state. In this issue we investigate the forms that transnational repression can take, as well as highlighting examples of those who have been harassed, threatened or silenced by the long arm of the state.

The writers in this issue offer a range of perspectives from countries all over the world, with stories from Turkey to Eritrea to India providing a global view of how states operate when it comes to suppressing dissidents abroad. These experiences serve as a warning that borders no longer come with a guarantee of safety for those targeted by oppressive regimes.

Up Front

Border control, by Jemimah Steinfeld: There's no safe place for the world's dissidents. World leaders need to act.

The Index, by Mark Frary: A glimpse at the world of free expression, featuring Indian elections, Predator spyware and a Bahraini hunger strike.

Features

Just passing through, by Eduardo Halfon: A guided tour through Guatemala's crime traps.

Exporting the American playbook, by Amy Fallon: The culture wars are finding new ground in Canada, where the freedom to read is the latest battle.

The couple and the king, by Clemence Manyukwe: Tanele Maseko saw her activist husband killed in front of her eyes, but it has not stopped her fight for democracy.

Obrador's parting gift, by Chris Havler-Barrett: Journalists are free to report in Mexico, as long as it's what the president wants to hear.

Silencing the faithful, by Simone Dias Marques: Brazil's religious minorities are under attack.

The anti-abortion roadshow, by Rebecca L Root: The USA's most controversial new export could be a campaign against reproductive rights.

The woman taking on the trolls, by Daisy Ruddock: Tackling disinformation has left Marianna Spring a victim of trolling, even by Elon Musk.

Broken news, by Mehran Firdous: The founder of The Kashmir Walla reels from his time in prison and the banning of his news outlet.

Who can we trust?, by Kimberley Brown: Organised crime and corruption have turned once peaceful Ecuador into a reporter's nightmare.

The cost of being green, by Thien Viet: Vietnam's environmental activists are mysteriously all being locked up on tax charges.

Who is the real enemy?, by Raphael Rashid: Where North Korea is concerned, poetry can go too far - according to South Korea.

The law, when it suits him, by JP O'Malley: Donald Trump could be making prison cells great again.

Special Report: The long reach - how authoritarian countries are silencing critics abroad

Nowhere is safe, by Alexander Dukalskis: Introducing the new and improved ways that autocracies silence their overseas critics.

Welcome to the dictator's playground, by Kaya Genç: When it comes to safeguarding immigrant dissidents, Turkey has a bad reputation.

The overseas repressors who are evading the spotlight, by Emily Couch: It's not all Russia, China and Saudi Arabia. Central Asian governments are reaching across borders too.

Everything everywhere all at once, by Daisy Ruddock: It's both quantity and quality when it comes to how states attack dissent abroad.

A fatal game of international hide and seek, by Danson Kahyana: After leaving Eritrea, one writer lives in constants fear of being kidnapped or killed.

Our principles are not for sale, by Jirapreeya Saeboo: The Thai student publisher who told China to keep their cash bribe.

Refused a passport, by Sally Gimson: A lesson from Belarus in how to obstruct your critics.

Be nice, or you're not coming in, by Salil Tripathi: Is the murder of a Sikh activist in Canada the latest in India's cross-border control.

An agency for those denied agency, by Amy Fallon: The Sikh Press Association's members are no strangers to receiving death threats.

Always looking behind, by Zhou Fengsuo and Nathan Law: If you're a Tiananmen protest leader or the face of Hong Kong's democracy movement, China is always watching.

Putting Interpol on notice, by Tommy Greene: For dissidents who find themselves on Red Notice, it's all about location, location, location

Living in Russia's shadow, by Irina Babloyan, Andrei Soldatov and Kirill Martynov: Three Russian journalists in exile outline why paranoia around their safety is justified.

Comment

Solidarity, Assange-style, by Martin Bright: Our editor-at-large on his own experience working with Assange.

Challenging words, by Emma Briant: An academic on what to do around the weaponisation of words.

Good, bad and everything that's in between, by Ruth Anderson: New threats to free speech call for new approaches.

Culture

Ukraine's disappearing ink, by Victoria Amelina and Stephen Komarnyckyj: One of several Ukrainian writers killed in Russia's war, Amelina's words live on.

One-way ticket to freedom?, by Ghanem Al Masarir and Jemimah Steinfeld: A dissident has the last laugh on Saudi, when we publish his skit.

The show must go on, by Katie Dancey-Downs, Yahya Marei and Bahaa Eldin Ibdah: In the midst of war Palestine's Freedom Theatre still deliver cultural resistance, some of which is published here.

Fight for life - and language, by William Yang: Uyghur linguists are doing everything they can to keep their culture alive.

Freedom is very fragile, by Mark Frary and Oleksandra Matviichuk: The winner of the 2022 Nobel Peace Prize on looking beyond the Nuremberg Trials lens.

11 countries where you should think twice about insulting someone

06 Jun 14 | Azerbaijan News, Digital Freedom, News and features

(Image: Bplanet/Shutterstock)

Croatia's new criminal code has introduced "humiliation" as an offence -- and it is already being put to use. Slavica Lukić, a journalist with newspaper Jutarnji list is likely to end up in court for writing that the Dean of the Faculty of Law in Osijek accepted a bribe. As Index reported earlier this week, via its censorship mapping tool mediafreedom.ushahidi.com: “For the court, it is of little importance that the information is correct – it is enough for the principal to state that he felt humbled by the publication of the news.”

These kinds of laws exist across the world, especially under the guise of protecting against insult. The problem, however, is that such laws often exist for the benefit of leaders and politicians. And even when they are more general, they can be very easily manipulated by those in positions of power to shut down and punish criticism. Below are some recent cases where just this has happened.

Tajikistan

On 4 June this year, security forces in Tajikistan detained a 30-year-old man on charges of “insulting” the country's president. According to local press, he was arrested after posting “slanderous” images and texts on Facebook.

Iran

Eight people were jailed in Iran in May, on charges including blasphemy and insulting the country's supreme leader Ayatollah Ali Khamenei on Facebook. They also were variously found guilty of propaganda against the ruling system and spreading lies.

India

Also in May this year, Goa man Devu Chodankar was investigated by police for posting criticism of new Indian Prime Minister Narendra Modi on Facebook. The incident was reported the police someone close to Modi's Bharatiya Janata Party (BJP), under several different pieces of legislation. One makes it s "a punishable offence to send messages that are offensive, false or created for the purpose of causing annoyance or inconvenience".

Swaziland

Human rights lawyer Thulani Maseko and journalist and editor Bheki Makhubu were arrested in March this year, and face charges of "scandalising the judiciary" and “contempt of court”. The charges are based on two articles, written by Maseko and Makhubu and published in the independent magazine the Nation, which strongly criticised Swaziland's Chief Justice Michael Ramodibedi, levels of corruption and the lack of impartiality in the country's judicial system.

Venezuela

In February this year, Venezuelan opposition leader Leopoldo Lopez was arrested on charges of inciting violence in the country's ongoing anti-government protests. Human Rights Watch Americas Director Jose Miguel Vivanco said at the time that the government of President Nicholas Maduro had made no valid case against Lopez and merely justified his imprisonment through "insults and conspiracy theories."

Zimbabwe

Student Honest Makasi was in November 2013 charged with insulting President Robert Mugabe. He allegedly called the president "a dog" and accused him of "failing to do what he promised during campaigns" and lying to the people. He appeared in court around the same time the country's constitutional court criticised continued use of insult laws. And Makasi is not the only one to find himself in this position -- since 2010, over 70 Zimbabweans have been charged for "undermining" the authority of the president.

Egypt

In March 2013, Egypt's public prosecutor, appointed by former President Mohamed Morsi, issued an arrest warrant for famous TV host and comedian Bassem Youssef, among others. The charges included "insulting Islam" and "belittling" the later ousted Morsi. The country’s regime might have changed since this incident, but Egyptian authorities' chilling effect on free expression remains -- Youssef recently announced the end of his wildly popular satire show.

Azerbaijan

A recent defamation law imposes hefty fines and prison sentences for anyone convicted of online slander or insults in Azerbaijan. In August 2013, a court prosecuted a former bank employee who had criticised the bank on Facebook. He was found guilty of libel and sentenced to 1-year public work, with 20% of his monthly salary also withheld.

Malawi

In July 2013, a man was convicted and ordered to pay a fine or face nine month in prison, for calling Malawi's President Joyce Banda "stupid" and a "failure". Angry that his request for a new passport was denied by the department of immigration, Japhet Chirwa "blamed the government's bureaucratic red tape on the 'stupidity and failure' of President Banda". He was arrested shortly after.

Poland

While the penalties were softened somewhat in a 2009 amendment to the criminal code, libel remains a criminal offence in Poland. In September 2012, the creator of Antykomor.pl, a website satirising President Bronisław Komorowski, was "sentenced to 15 months of restricted liberty and 600 hours of community service for defaming the president".

This article was published on June 6, 2014 at indexoncensorship.org

Swaziland: On trial for criticising the judicial system

22 Apr 14 | Africa, News and features, Swaziland

(Image: Aleksandar Mijatovic/Shutterstock)

The case against human rights lawyer Thulani Maseko and journalist and editor of the independent Nation magazine, Bheki Makhubu, resumes today in Swaziland after adjourning over Easter. The two were arrested last month, and face charges of "scandalising the judiciary" and "contempt of court". The charges are based on two separate articles, written by Maseko and Makhubu and published in the Nation, which strongly criticised Chief Justice Michael Ramodibedi, levels of corruption and the lack of impartiality in the judicial system in Swaziland.

Makhubu’s home was raided by armed police, and the men were initially denied the right to a fair trial when their case was heard privately in the judge’s chambers. They were also denied bail as they were deemed to pose a security risk. Over the last few weeks, they have been released, and re-arrested in a highly unconventional course of events, so far spending 26 days in custody.

Last week, armed police blocked the gates of the High Court and stopped members of the public and banned political parties from attending the case. Continuous requests to move the case to a larger courtroom so that journalists, observers and family members could monitor proceedings have been refused. The Judicial Service Commission (JSC) said this was in order to minimise disturbances in the court.

There was public outcry as the two men appeared in court bound by leg irons. This highly unusual treatment has been described as “inhumane and degrading” by the Swaziland Coalition of Concerned Civic Organisations (SCCCO). When questioned on the issue, Mzuthini Ntshangase, Commissioner of His Majesty’s Correctional Services told the media to “stay away from [commenting on] security matters”.

Maseko and Makhubu's lawyers have claimed that the arrests are a blatant form of judicial harassment intended to intimidate the accused and are unconstitutional, unlawful and irregular. They are currently being held in a detention centre in the capital Mbabane, and journalists have been prevented from visiting.

The local press has faced severe censorship of its reporting on the case. The JSC warned the media and public against commenting on the case. It argues that: “[Freedom of expression] is not as absolute as the progressive organisations and other like-minded persons seem to suggest.” Managing editor of The Observer newspaper, Mbongeni Mbingo commented on the case in his editorial: “For now though, the rest of us will do well to toe the line, and hold our breath and mourn in silence for our beautiful kingdom.” One local journalist said he was scared to comment on the situation for fear of arrest – or worse.

Maseko and Makhubu’s articles highlighted the disturbing case of Bhantshana Gwebu, a civil servant employed to monitor the abuse of government vehicles, who was arrested after stopping a high court judge’s driver for driving without the required documentation. Gwebu was detained for a week without charge and initially denied the right to representation. He now also faces a contempt of court charge.

In his article, Maseko wrote that “fear cripples the Swazi society, for the powerful have become untouchable. Those who hold high public office are above the law. Those who are employed to fight corruption in government are harassed, violated and abused”. He described how the Swazi people have lost faith in the institutions of power, as cases like Gwebu's show how such institutions are being used to settle personal scores “at the expense of justice and fairness”.

Their case has sparked both local and international condemnation, from civil society organisations and the Swazi business community, as well as EU representatives and the American Embassy. "The only crime in this case is judges abusing the judicial system to settle personal scores," says CPJ Africa advisory coordinator Mohamed Keita. The Law Society of Swaziland has called the arrests an “assassination of the rule of law”. They claim that the Swazi court had become the persecutor instead of the defender of the rights and freedoms of the people. But many in the country are still scared to speak out. The media operates under strict government imposed regulations. Journalists are often forced to exercise various forms of self-censorship when reporting on sensitive issues.

The arrests and the continuation of an abysmal human rights record could have wider implications for Swazi society and the economy. The situation threatens to further derail Swaziland’s highly beneficial African Growth and Opportunity Act (AGOA) with the United States, which is currently being reviewed in Washington. AGOA requires that a country demonstrates that it is making progress towards the rule of law and protection of human rights -- including freedom of expression. “There is peace in Swaziland,” the head of the country’s Federation of Trade Unions, once said, “but it's not real peace if every time there is dissent, you have to suppress it. It's like sitting on top of a boiling pot.”

This article was originally posted on 22 April 2014 at indexoncensorship.org

Nine “criminal” t-shirts

07 Nov 13 | Africa, News and features

1) Angola

Manuel Chivonde Nito Alves was held in solitary confinement for printing t-shirts. Image from his Facebook page.

Angolan 17-year-old Manuel Chivonde Nito Alves went on hunger strike on Tuesday, following his arrest on 12 September for printing t-shirts with the slogan “Out Disgusting Dictator”. The message was aimed at the country’s President Jose Eduardo dos Santos, who has held power in since 1979. The shirts were to be worn at a demonstration in the capital Luanda, highlighting corruption, forced evictions, police violence and lack of social justice under dos Santos' regime. Nito Alves has been charged with “insulting the president”, and has now spent almost two months in detention - parts of it in solitary confinement. His family were barred from seeing him, and three weeks went by before he was allowed to speak to a lawyer. The hunger strike is in protest at his “unjust and inhumane treatment”.

2) Belarus

Yury Rubstow wearing the t-shirt that landed him in prison. (Image Viasna Human
Rights Centre)

On Monday, Belarusian opposition activist Yury Rubstow was sentenced to three days in jail for wearing a t-shirt with the slogan “Lukashenko, go away” on the front, and "A four-time president? No. This is not a president but an impostor tsar" on the back.” The message was aimed at the country’s dictator Alexander Lukashenko, during an opposition protest march. He was found guilty of disobedience to police officers under Article 23.4 of the Civil Offenses Code.

3) Swaziland

In 2010, Sipho Jele, a member of Swaziland’s People’s United Democratic Movement, was arrested for wearing a t-shirt supporting the party during a May Day parade. He was arrested under the country’s Suppression of Terrorism Act, and died in custody. The police said he had hanged himself, while the party say the police of killed him.

4) Egypt

Anti-coup protest supporting Mosri Eminönü, Istanbul

The Rabaa symbol displayed at a protest in Turkey (Image Bünyamin Salman/Demotix)

In September, three Egyptian men were arrested for wearing t-shirts emblazoned with the Rabaa symbol. A hand holding up four fingers, it is widely used by those opposing Egypt’s interim military-backed government, and the coup that ushered in in. Mohamed Youssef, the country’s kung fu champion, was also suspended by the national federation for wearing a similar t-shirt during a medal ceremony.

5) Hong Kong

Avery Ng wearing the t-shirt he threw at Hu Jintao. Image from his Facebook page.

An activist from Hong Kong was arrested last December for throwing a t-shirt at former Chinese president Hu Jintao during an official visit almost six month earlier, on 1 July. League of Social Democrats Vice Chairman Avery Ng threw a t-shirt with a drawing of the late Chinese dissident Li Wangyang, a Tiananmen Square activist who died under suspicious circumstances only weeks before the visit. Ng was charged “with nuisance crimes committed in a public place”.

6) Malaysia

Malaysian protester wearing a Bersih shirt. (Image Syahrin Abdul Aziz/Demotix)

In June 2011, Malaysian police arrested 14 opposition activists for wearing t-shirts promoting a rally in Kuala Lumpur calling for election reform. The shirts carried the slogan "bersih" which means "clean", and is the name of one of the groups behind the protest. Authorities claimed the demonstration was an “attempt to create chaos on the streets and undermine the government”, and they were therefore within their rights to arrest the protesters. They also confiscated t-shirts from the group’s headquarters.

7 & 8) The US

Jared Marcum wearing his NRA t-shirt in a TV report. (Image Youtube)

A 14-year-old student from West Virginia was in April suspended from school and subsequently arrested for refusing to remove a t-shirt supporting the pro-gun National Rifle Association. Jared Marcum was charged with “obstructing an officer” and faced a $500 fine and up to one year in prison.

On the flip side, a Tennessee man was arrested for wearing a t-shirt in support of stricter gun control laws. Stanley Bryce Myszka was wearing a shirt that read "Has your gun killed a kindergartener today?" at a shopping centre, following the shooting at Sandy Hook Elementary School. He was approached by security guards, who called the police when he when he refused to remove the shirt. He was also banned from the shopping centre for life.

9) United Kingdom

The front of Barry Thew's t-shirt. (Image Greater Manchester Police)

A Manchester man was in October 2012 sentenced to eight months in prison in part for wearing a t-shirt emblazoned with offensive comments referencing the murders of two policewomen. Barry Thew had written “One less pig; perfect justice” on the front of his t-shirt and “killacopforfun.com haha” on the back. While four months of the sentence was handed down for breach of a previous suspended sentence, he was charged on a Section 4A Public Order Offence for the t-shirt incident.

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