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8 - Being Swazi, being human: custom, constitutionalism and human rights in an African polity

Published online by Cambridge University Press:  29 March 2011

Sari Wastell
Affiliation:
Goldsmiths College University of London
Mark Goodale
Affiliation:
George Mason University, Virginia
Sally Engle Merry
Affiliation:
New York University
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Summary

In 1995, the government of His Majesty, the King of Swaziland, began the process of consultation that would eventually lead to the adoption and implementation of a new constitution for the small African kingdom a full decade later. Each year witnessed an annual increase in international pressure to fill the void left by the previous King when he repealed the Independence constitution by Royal Decree in 1973. And many observers, from both inside and outside of Swaziland, presumed that those committed to the political and legal reforms deemed necessary to end the thirty-two year state of emergency would welcome the document's long awaited arrival into law. Indeed, although probably a vocal minority, self-ascribed political progressives had long hoped the constitutional drafting process might usher in a return to multiparty democracy. Monarchical supporters, on the other hand, clearly envisioned the constitution's adoption in terms of a consolidation of absolute royal power and had engineered much of the consultation and drafting process in this direction. However, in the final months of the document's gestation, the geography of interests around the new constitution proved far more complex than one might have anticipated, and the ambivalence over the “rights” it was supposed to enshrine – and the nation it was said to constitute – proved profound.

This chapter aims to explore some of these “ambivalent encounters” with the Swazi constitution by interrogating the presumptions and prejudices of scale inherent in the perspectives of local and transnational actors involved in the document's realization.

Type
Chapter
Information
The Practice of Human Rights
Tracking Law between the Global and the Local
, pp. 320 - 341
Publisher: Cambridge University Press
Print publication year: 2007

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References

Bonner, Philip. 1983. Kings, Commoners and Concessionaires. Johannesburg: Raven Press.CrossRefGoogle Scholar
Douzinas, Costas. 2000. The End of Human Rights. Oxford: Hart Publishing.Google Scholar
Douzinas, Costas, and Warrington, Ronnie. 1994. Justice Miscarried. Edinburgh: Edinburgh Universty Press.Google Scholar
Levin, Richard. 1997. When the Sleeping Grass Awakens. Johannesburg: University of Witswatersrand Press.Google Scholar
Luhmann, Niklas. 1995. Social Systems. Stanford: Stanford University Press.Google Scholar
Luhmann, Niklas. 1998. Observations on Modernity. Stanford: Stanford University Press.Google Scholar
Mamdani, Mahmood. 1996. Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism. Princeton: Princeton University Press.Google Scholar
Mamdani, Mahmood. 2000. “Indirect Rule and the Struggle for Democracy: a Response to Bridget O'Laughlin.” African Affairs, 99(394): 43–46.CrossRefGoogle Scholar
Matsebula, J. S. M. 1988. A History of Swaziland. 3rd edn. Cape Town: Longman.Google Scholar
Peterson, David L., and Parker, V. Thomas. 1998. Ecological Scale. New York: Columbia University Press.Google Scholar
Pottage, Alain. 2004. “Introduction: the Fabrication of Persons and Things.” In Pottage, Alain, and Mundy, Martha, eds. Law, Anthropology and the Constitution of the Social. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Pottage, Alain and Mundy, Martha (eds.). 2004. Law, Anthropology and the Constitution of the Social: Making Persons and Things. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Rasch, William. 2000. Niklas Luhmann's Modernity: The Paradoxes of Differentiation. Stanford: Stanford University Press.Google Scholar
Russell, Margo. 1990. “African Freeholders: A Study of Individual Tenure Farms in Swazi Ownership.” Working Paper, December. Land Tenure Center, University of Wisconsin.
Schutz, Anton. 1997. “The Twilight of the Global Polis: On Losing Paradigms, Environing Systems and Observing World Society.” In Tuebner, Gunther, ed., Global Law without a State. Aldershot: Dartmouth Press.Google Scholar
Stolcke, Verena. 1995. “Talking Culture: New Boundaries, New Rhetorics of Exclusion in Europe.” Current Anthropology 36: 1–24.CrossRefGoogle Scholar
Strathern, Marilyn. 2004. “Losing (out on) Intellectual Resources.” Law, Anthropology, and the Constitution of the Social: Making Persons and Things. Cambridge: Cambridge University Press.Google Scholar
Vilakati, A. L. 1977. “Swaziland and Lesotho: From Traditionalism to Modernity.” Carter, G., ed., Southern African Crisis. Bloomington: Indiana University Press.Google Scholar
Wastell, Sari. 2001. “Presuming Scale, Making Diversity: On the Mischiefs of Measurement and the Global/Local Metonym in Theories of Law and Culture.” Critique of Anthropology. 21(2): 185–210.CrossRefGoogle Scholar
Wastell, Sari. 2006. In “The Legal Thing in Swaziland: Res Judicata and Divine Kingship.” In Henare, Amiria, Holbraad, Martin, and Wastell, Sari, eds., Thinking through Things. London: University College London Press/Routledge.Google Scholar
Wastell, Sari. 2007. The Mouth that Tells No Lies: Kingship, Law and Sovereignty in Swaziland. Walnut Creek, CA: Left Coast Press (forthcoming).Google Scholar
Whelpton, F. P. van R. 1997. “Swazi Law and Custom in the Kingdom of Swaziland.” South African Journal of Ethnology, 20(3): 145–151.Google Scholar
The Draft Constitution of the Kingdom of Swaziland. Nkhanini: 2003.
The Draft Constitution of the Kingdom of Swaziland. Nkhanini: 2003.

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