The prize that matters for Swaziland

In December, the Secretary of State honored prominent Swazi human rights lawyer Thulani Maseko with the Human Rights Defender Award. Despite his extraordinary contributions to justice and human rights — or because of them — Maseko will never again step foot in Swazi courtrooms to defend his fellow citizens’ rights.

He paid the human rights defender’s ultimate “prize,” — death. He was shot dead in January 2023, an assassin aiming a gun into his living room, where he was watching television with his wife, Tanele, their two young boys also at home in Kululeko, 30 miles southwest of Swaziland’s capital, Mbabane.

So, what should we do with the State Department’s delayed prize?

Human rights prizes are no new invention, and new honors appear regularly. The State Department launched its prize in 2017, while the European Union’s Sakharov Prize for Freedom of Thought and the UN’s aptly named United Nations Human Rights Prize have been around since 1988 and 1966, respectively. The list goes on. According to the awarding entities, the prizes publicly recognize the recipients’ achievements, support and empower their efforts, and send a clear message of support to human rights defenders. The prizes also raise human rights defenders’ profiles, making their voices heard and occasionally protecting them from violent government attacks.

Maseko’s achievements are worth recognizing. He dedicated his career to advocating constitutional reform, democracy, and human rights before Swazi courts. For example, he successfully sued the government to enforce provisions of the 2005 constitution guaranteeing a right to free education. In 2018, he challenged the constitutionality of King Mswati III’s unilateral decision to change the country’s name from Swaziland to Eswatini. In the wake of the country’s 2021 civil unrest (more about that later), he founded the Multi-Stakeholders Forum to coordinate a peaceful dialogue between civil society and the government.

This work did not go unnoticed by Africa’s last absolute monarchy; in 2014, Maseko was convicted of sedition for an article critical of the regime’s violations of the rule of law. He was detained for more than a year before the Supreme Court acquitted him. After his 2016 release, Maseko described his ordeal: “Fighting for rights is not an easy walk in the park.”

Maseko’s work was far from a stroll, as was his fate. The awards for his achievements came too late for them to protect him from bullets. He was not seen in a tuxedo, raising a toast at award ceremonies. Tanele, Maseko’s widow and founder of the Thulani Maseko Foundation, accepted the State Department’s prize on his behalf, just as she did the Magnistky Award for Outstanding Human Rights Lawyer in November 2023.

These awards should now support Swazi human rights defenders and encourage them to continue Maseko’s work. All of this, despite King Mswati III having publicly sworn that those calling for democratic reform would be “dealt with” and “people should not shed tears and complain about mercenaries killing them.” Furthermore, Maseko’s assassin(s) still walk free, and egregious human rights violations pile up in the country. Not surprisingly, Swaziland is suffering from an exodus of human rights defenders.

My argument is that the best way to really put Maseko’s human rights prize into action is to do more than keep an eye on Swaziland. As the following example demonstrates, Maseko’s colleagues need allies.

In July, Swaziland’s High Court sentenced two of Maseko’s clients, Mduduzi Bacede Mabuza and Mthandeni Dube, to 25 years and 18 years in prison, respectively, following their three-year pretrial detention. The former lawmakers’ trumped-up terrorism and murder charges resulted from their 2021 public speeches calling for a democratic election of the country’s prime minister, measures against corruption, and encouraging citizens to exercise their constitutional rights. Mazuba and Dube were accused of sparking deadly riots with their peaceful speeches, which did not advocate for riots or violence. In fact, they are advocates for systemic change, pushing against a governance structure that stifles dissent and democratic progress.

In addition to the restricted access to legal assistance, physical violence, and periods of solitary confinement, the court’s unfathomable reasoning itself caused sleepless nights even for an experienced lawyer such as me. Due process and judicial independence before Swazi courts require determination, bravery, and unimaginable amounts of work from courageous Swazi lawyers in Maseko’s footsteps, who are well aware of the risks to their safety.

In August, the Human Rights Foundation submitted Mabuza and Dube’s case to the United Nations Working Group on Arbitrary Detention (WGAD) to challenge their detention and call for their immediate and unconditional release. Although the WGAD cannot issue binding decisions, it is a prominent mechanism for examining UN member states’ violations of international law when they deprive individuals of their liberty. 

Maseko’s posthumous prize is a start, not an end.

Join the struggle to facilitate a real national dialogue, strive for an independent judiciary, the efforts to create a free and democratic Swaziland, and launching an independent investigation into Maseko’s assassination and the death of those killed during the 2021 protests. Choose the method that fits you — be it congressional advocacy, diplomacy, or awareness raising.

Let’s ensure no other Swazi human rights defender is handed the ultimate human rights prize Maseko did. Let’s pay actual tribute to Thulani Maseko’s legacy.

Venla Stang is a senior legal associate at the Human Rights Foundation, a former judge and prosecutor from Finland, and Mduduzi Bacede Mabuza and Mthandeni Dube’s international legal counsel.