Eswatini

Not Available

Immigration detainees

2019

Not Available

Detained children

2017

1,300

Refugees

2019

32,300

International migrants

2019

1,200,000

Population

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Related Reading

24 February 2021

IOL News, “Eswatini Suspends Prison Visits, Restricts Hospital Visits as Covid-19 Fears Mount,” 18 March 2020, https://www.iol.co.za/news/africa/eswatini-suspends-prison-visits-restricts-hospital-visits-as-covid-19-fears-mount-45117235
IOL News, “Eswatini Suspends Prison Visits, Restricts Hospital Visits as Covid-19 Fears Mount,” 18 March 2020, https://www.iol.co.za/news/africa/eswatini-suspends-prison-visits-restricts-hospital-visits-as-covid-19-fears-mount-45117235

The Kingdom of Eswatini (formerly known as Swaziland), one of the smallest countries in Africa, is a landlocked country in southern Africa with a population of 1.1 million people. Similar to other countries, Eswatini restricted the movement of refugees after the onset of the pandemic as a purported measure to stop the spread of COVID-19.

In its 17 March 2020 declaration of national emergency, the government announced a series of measures at its main refugee site, the Malindza Refugee Centre in the Lubombo region, which accommodates several hundred refugees. A government announcement said:

“MALINDZA REFUGEE RECEPTION CENTRE

“The Ministry will create a control management system for Refugees and Asylum seekers to restrict movement in and out of the Reception Centre.

“The Ministry will create sensitization/education programs for refugees and asylum seekers at the Malindza Centre.

“The Ministry will provide sanitization buckets in strategic points, residential blocks and toilets at the Centre.

“An isolation room will be reserved for those Refugees and Asylum seekers that present symptoms of COVID-19 at the Centre before they are referred for medical attention.

“All planned events at the center are hereby cancelled with immediate effect.”

In 2005, nearly 30 years after the UN High Commissioner for Refugees (UNHCR) opened an office in Eswatini to help with an influx of refugees fleeing apartheid in South Africa, the refugee agency transferred all refugee services to the government. According to UNHCR, as of 31 January 2021, there were 1,765 refugees and asylum seekers in the country. UNHCR reported that as part of its COVID response in Eswatini, “public health information campaigns on COVID-19 have reached 425 individuals at Malindza refugee camp, while the clinic at the reception centre has received 1,500 gloves to help prevent the spread of COVID- 19.”

Also as part of its emergency measures, the government temporarily closed six land border posts with South Africa (Lundzi, Bulembu, Sandlane, Nsalitje, Sicunusa and Gege); prohibited non-essential travel, and revoked visas issued to citizens of countries identified as COVID-19 high risk.

The GDP has been unable to establish the extent to which detention facilities are used in Eswatini as part of immigration enforcement procedures or to obtain details on COVID-19 related measures taken to safeguard people in immigration custody. Nonetheless, the Immigration Act of 1982, which entered into force in 1987, provides fines and imprisonment for immigration offences. Under section 14(1)(h) of the Act, any person who is a “prohibited immigrant” who enters or remains in the country or fails to comply with an order of an immigration officer to leave Swaziland can be prosecuted and liable to a fine and/or up to a year’s imprisonment. Section 3(1)(e) of the act stipulates that a “prohibited immigrant” is “a person who, upon entering or seeking to enter Swaziland, fails to produce a valid passport to an immigration officer on demand or within such time as that officer may allow.” In addition, under 14(2)(c), any person who unlawfully enters or is unlawfully present in Swaziland may be fined up to five hundred Emalangeni or imprisoned for six months, or be both fined and imprisoned.

Eswatini’s Refugee Law of 2017 specifically precludes the detention of refugees and decriminalises illegal entry or presence for refugees in the country. According to section 8 of the law, “a person claiming to be a refugee, who has illegally entered or is illegally present in Swaziland, shall not be declared a prohibited immigrant, detained, imprisoned or penalised in any other way merely by reason of that illegal entry or presence of that person.”

Regarding COVID-related measures in the country’s prison system, in March 2020 officials suspended prison visits and restricted prisoner hospital visits to halt the spread of COVID-19 (IOL News). The UN Development Programme (UNDP) and the United Nations Children’s Fund (UNICEF) reported providing hygiene and sanitary supplies to the Correctional Services Department in order to reduce the risk of spread of COVID-19 among the prison population.

While many countries around the world have begun vaccinating their populations, Eswatini had yet to receive a single dose as of late February 2021. The country recently experienced a spike in the number of COVID-19 cases. On 3 February 2021, Médecins Sans Frontières reported that there were 200 daily cases and that deaths were around four times higher than in the first wave. As the country’s health facilities became overwhelmed, MSF teams set up temporary wards at the Nhlangano health centre.


Last updated:

ENFORCEMENT DATA

Total Migration Detainees: Flow + Stock (year)
Not Available
2019
Total Number of Children Placed in Immigration Detention (Year)
Not Available
2017
Criminal Prison Population (Year)
3,610
2015
3,411
2012
3,764
2011
2,713
2009
2,648
2006
3,169
2003
2,745
2000
2,213
1997
Percentage of Foreign Prisoners (Year)
6
2008
Prison Population Rate (per 100,000 of National Population)
282
2015
284
2012
313
2011
232
2009
237
2006
290
2003
256
2000
217
1997

POPULATION DATA

Population (Year)
1,200,000
2020
1,287,000
2015
International Migrants (Year)
32,300
2019
31,600
2015
International Migrants as Percentage of Population (Year)
2.5
2015
Refugees (Year)
1,300
2019
879
2018
792
2017
705
2016
696
2015
539
2015
515
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
0.56
2016
0.41
2014
New Asylum Applications (Year)
145
2016
518
2014
Refugee Recognition Rate (Year)
100
2014
Stateless Persons (Year)
0
2016
0
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
3,477
2014
Remittances to the Country
30
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
85.9
2014
Human Development Index Ranking (UNDP)
150 (Low)
2015

B. Attitudes and Perceptions

MIGRATION-RELATED DETENTION

LEGAL & REGULATORY FRAMEWORK

Detention-Related Legislation
The Refugees Act, 2017 (2017)
2017
The Immigration Act, 1982 (1987)
1987

GROUNDS FOR MIGRATION-RELATED DETENTION

Criminal Penalties for Immigration-Related Violations
Yes (Yes)
1987
Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
Unauthorized entry (183)
1987
Unauthorised stay (183)
1987
Has the Country Decriminalised Immigration-Related Violations?
No
1987
Children & Other Vulnerable Groups
Refugees (Prohibited)
2017
Asylum seekers (Prohibited)
2017

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

Has the Country Locked-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Yes
2020
Has the Country Ceased or Restricted Deportations/Removals During any Period After the Onset of the Pandemic?
No
2021
Has the Country Released People from Criminal Prisons During the Pandemic?
No
2020
Has the Country Commenced a National Vaccination Campaign?
Yes
2021

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
ICESCR, International Covenant on Economic, Social and Cultural Rights
2004
2017
ICCPR, International Covenant on Civil and Political Rights
2004
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
2004
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2004
2017
CRC, Convention on the Rights of the Child
1995
2017
CRPD, Convention on the Rights of Persons with Disabilities
2012
2017
CRSR, Geneva Convention Relating to the Status of Refugees
2000
2017
CRSSP, Convention Relating to the Status of Stateless Persons
1999
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2012
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2012
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1969
2017
Ratio of relevant international treaties ratified
Ratio: 11/19
Individual Complaints Procedures
Acceptance Year
CRPD, Optional Protocol to o the Convention on the Rights of Persons with Disabilities 2012
2012
Ratio of Complaints Procedures Accepted
Observation Date
1/7
2017

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2011
2017
No 2016
2017

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ACHPR, African Charter on Human and Peoples Rights 1995
1995
2017
APRW, Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol) 2012
2012
2017

GOVERNANCE SYSTEM

Legal Tradition(s)
Civil law
2017
Customary law
2017

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS