III 

Calendar No. 92 

118TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2023 

Mr. COONS (for himself, Mr. RISCH, Mr. BOOKER, and Mr. SCOTT of South 

Carolina) submitted the following resolution; which was referred to the 

Committee on Foreign Relations 

JUNE 12, 2023 

Reported by Mr. MENENDEZ, with an amendment and an amendment to the 

preamble 

[Strike out all after the resolving clause and insert the part printed in italic] 

[Strike the preamble and insert the part printed in italic] 

RESOLUTION 

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. 

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 


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•SRES 174 RS 

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 protests demanding democracy and respect for internationally recognized human rights; 

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; 


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•SRES 174 RS 

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; 


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•SRES 174 RS 

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, 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 


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•SRES 174 RS 

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, mulitlateral 

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 

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 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•SRES 174 RS 

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 


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•SRES 174 RS 

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 soVerDate Sep 11 2014 23:21 Jun 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6300 E:\BILLS\SR174.RS SR174

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•SRES 174 RS 

cial 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, 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 


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•SRES 174 RS 

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 

1 Resolved, That the Senate— 

2 (1) condemns the brutal murder of Thulani 

3 Maseko and the worsening cycle of political violence 

4 and instability in Eswatini; 

5 (2) expresses deep concern about reports of 

6 continued human rights violations against the people 

7 of Eswatini, and the harassment of advocates for 


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•SRES 174 RS 

1 human rights and democratic practice and constitu2 tionalism in Eswatini; 

3 (3) calls on the Government of the Kingdom of 

4 Eswatini to— 

5 (A) undertake a full, transparent, and im6 partial criminal investigation into the assassina7 tion of Thulani Maseko and hold perpetrators 

8 accountable; 

9 (B) cease surveilling and intimidating 

10 human rights activists fighting to protect fun11 damental freedoms; 

12 (C) uphold internationally recognized 

13 human rights, including the rights of freedom 

14 of assembly and freedom of speech, as well as 

15 corresponding rights in the Eswatini constitu16 tion; 

17 (D) expeditiously initiate pre-dialogue 

18 preparations and announce a firm date by 

19 which a credible, inclusive dialogue on constitu20 tional and political reform will begin starting 

21 prior to scheduled September 2023 elections; 

22 (E) engage in good faith in a credible, in23 clusive national dialogue to address long24 standing demands for democratic reforms; and 


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•SRES 174 RS 

1 (F) fully staff and empower a full com2 plement of Commission of Human Rights and 

3 Public Accountability (CHRPA) human rights 

4 investigation staff, install an appointed Com5 missioner, make CHRPA fully independent 

6 from the Ministry of Justice and other govern7 ment interference in line with commitments to 

8 treaty conventions and the Paris Principle, and 

9 take action to address CHRPA’s recommenda10 tions; 

11 (4) calls on the Office of the United Nations 

12 High Commissioner for Human Rights to conduct 

13 an independent investigation into Mr. Maseko’s as14 sassination and human rights violations in Eswatini; 

15 (5) encourages the Secretary of State and the 

16 Administrator of the United States Agency for 

17 International Development to— 

18 (A) maintain and expand support for jour19 nalists, human rights advocates, and the rule of 

20 law and media freedoms in Eswatini; and 

21 (B) encourage the SADC to take action to 

22 address the political and human rights crisis in 

23 Eswatini, including by working to convene a 

24 credible consultative forum inclusive of diverse 

25 political views and civil society to address issues 


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•SRES 174 RS 

1 related to political space and democratic re2 form; and 

3 (6) encourages the Secretary of State and the 

4 Secretary of the Treasury to consider targeted sanc5 tions against any individuals and entities committing 

6 violations of internationally recognized human rights 

7 in Eswatini. 

8 That the Senate— 

9 (1) condemns the brutal murder of Thulani 

10 Maseko and the worsening cycle of political violence 

11 and instability in Eswatini; 

12 (2) expresses deep concern about reports of con13 tinued human rights violations against the people of 

14 Eswatini, and the harassment of advocates for human 

15 rights and democratic practice and constitutionalism 

16 in Eswatini; 

17 (3) calls on the Government of the Kingdom of 

18 Eswatini to— 

19 (A) undertake a full, transparent, and im20 partial criminal investigation into the assas21 sination of Thulani Maseko and hold perpetra22 tors accountable; 

23 (B) cease surveilling and intimidating 

24 human rights activists fighting to protect funda25 mental freedoms; 


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•SRES 174 RS 

1 (C) uphold freedoms of peaceful assembly 

2 and expression, as well as corresponding rights 

3 in the Eswatini constitution; 

4 (D) expeditiously initiate pre-dialogue 

5 preparations and announce a firm date by 

6 which a credible, inclusive dialogue on constitu7 tional and political reform will begin starting 

8 prior to scheduled September 2023 elections; 

9 (E) engage in good faith in a credible, in10 clusive national dialogue to address longstanding 

11 demands for democratic reforms; and 

12 (F) fully staff and empower a full com13 plement of Commission of Human Rights and 

14 Public Accountability (CHRPA) human rights 

15 investigation staff, install an appointed Commis16 sioner, make CHRPA fully independent from the 

17 Ministry of Justice and other government inter18 ference in line with commitments to treaty con19 ventions and the Paris Principle, and take ac20 tion to address CHRPA’s recommendations; 

21 (4) calls on the Office of the United Nations 

22 High Commissioner for Human Rights to conduct an 

23 independent investigation into Mr. Maseko’s assas24 sination and human rights violations in Eswatini; 


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•SRES 174 RS 

1 (5) encourages the Secretary of State and the Ad2 ministrator of the United States Agency for Inter3 national Development to— 

4 (A) maintain and expand support for jour5 nalists, human rights advocates, and the rule of 

6 law and media freedoms in Eswatini; and 

7 (B) encourage the SADC to take action to 

8 address the political and human rights crisis in 

9 Eswatini, including by working to convene a 

10 credible consultative forum inclusive of diverse 

11 political views and civil society to address issues 

12 related to political space and democratic reform; 

13 and 

14 (6) encourages the Secretary of State and the 

15 Secretary of the Treasury to consider targeted sanc16 tions under the Global Magnitsky Human Rights Ac17 countability Act (subtitle F of title XII of Public Law 

18 114–328; 22 U.S.C. 2656 note) in the context of 

19 Eswatini. 


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Calendar No. 92 

118TH CONGRESS 

1ST SESSION S. RES. 174 

RESOLUTION 

Condemning the human rights record of the GovMaseko on January 21, 2023. brutal killing of Eswatini activist Thulani ernment of the Kingdom of Eswatini and the 

JUNE 12, 2023 

Reported with an amendment and an amendment to the 

preamble 


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