251/02 Lawyers of Human Rights / Swaziland Summary of Facts 1. The Complainant is Lawyers for Human Rights, a human rights NGO based in Swaziland. 2. The complaint was received at the Secretariat of the [African] Commission on 3rd June 2002 and is against the Kingdom of Swaziland which is a party to the African Charter. 3. The Complainant states that the Kingdom of Swaziland gained independence on 6th September 1968 under the Swaziland Independence Constitution Order, Act No. 50 of 1968. The 1968 Constitution enshrined several fundamental principles of democratic governance such as the supremacy of the Constitution and separation of powers and clearly laid down procedures for amending the Constitution. 4. The 1968 Constitution also provided for a justiciable Bill of Rights which secured the protection of fundamental human rights and freedoms, including the right to freedom of association, expression and assembly. 5. The Complainant alleges that on 12th April 1973, King Sobhuza I issued the King's Proclamation to the Nation No. 12 of 1973 whereby he declared that he had assumed supreme power in the Kingdom of Swaziland and that all legislative, executive and judicial power vested in him. In addition, he repealed the democratic Constitution of Swaziland that was enacted in 1968. 6. It is alleged that the King's Proclamation resulted in the loss of the protections afforded to the Swazi people under the Constitution's Bill of Rights, which effectively incorporated the rights ensured by the African Charter. 7. According to the communication, the provisions of the Proclamation outlawing political parties violate the Swazi people's freedom of association, expression and assembly, thereby diminishing the rights, duties, and freedoms of the Swazi people that are enshrined in the African Charter. 8. Furthermore, it is alleged that the Swazi people do not possess effective judicial remedies because the King retains the power to overturn all court decisions, thereby removing any meaningful legal avenue for redress. Complaint 9. The Complainant alleges that the following articles of the African Charter have been violated: Articles 1, 7, 10, 11, 13 and 26. Procedure 10. At its 32nd Ordinary Session, the African Commission decided to be seized of the communication. 11. On 30th October 2002, the Secretariat informed the parties of the decision of the African Commission and requested them to transmit their written submissions on admissibility within a period of [three] (3) months. 12. At its 33rd Ordinary Session held in Niamey, Niger from 15th to 29th May 2003, the African Commission examined the communication and decided to defer its consideration on admissibility to the 34th Ordinary Session. 13. 0n 10th June 2003, the Secretariat of the African Commission wrote informing the parties to the communication of the African Commission's decision and reminded them to forward their submissions on admissibility within [two] 2 months. 14. During its deliberations at the 34th Ordinary Session held from 6th to 20th November 2003 in Banjul, The Gambia, the African Commission however decided to defer consideration of the communication. 15. On 4th December 2003, the parties to the communication were informed of the decision of the African Commission and requested the parties to forward their written submissions on admissibility within [two] 2 months. 16. At the 35th Ordinary Session held from 21st May to 4th June 2004 in Banjul, The Gambia, the Complainant made oral submissions before the African Commission. The African Commission considered the communication and declared it admissible. 17. At its 36th Ordinary Session held in Dakar, Senegal from 23rd November to 7th December 2004, the African Commission deferred consideration on the merits of the communication to give the Respondent 1