Eswatini Accepts US Deportees Amid Legal Challenge

Mbabane, Eswatini – Eswatini has accepted a group of ten deportees from the United States, despite ongoing legal challenges from human rights groups seeking to block such deportations. This marks the second instance of Eswatini accepting deportees under an agreement with the US, raising concerns about human rights and the kingdom's sovereignty.

Deportations Proceed Despite Court Case

The Eswatini prison department confirmed the arrival of the ten individuals, stating they have been "securely accommodated" and pose no threat to the public. However, the move has sparked outrage among local human rights advocates who are currently pursuing a court case against a previous deportation of five individuals in July.

Mzwandile Masuku, an Eswatini human rights lawyer representing civil society groups, expressed his dismay to the BBC, stating he was "shocked and dismayed" that the government proceeded with accepting the deportees despite the pending court case. He argued that the government should "respect the court process and await its ruling" before accepting further deportations.

Agreement Details Remain Opaque

The Eswatini government stated it would accept eleven deportees following an agreement with the US "to cooperate in this manner," but did not explain the discrepancy in the number that arrived. The identities of the deportees have not been made public.

Campaign group Human Rights Watch (HRW) revealed in September that the agreement between the Eswatini and US governments involves Eswatini accepting up to 160 deportees in exchange for $5.1 million from the US to enhance its "border and migration management capacity." This financial incentive raises questions about the ethics of the agreement and whether it compromises Eswatini's ability to uphold human rights standards.

Legal and Constitutional Concerns

The Southern African Litigation Centre (SALC), along with other civil society groups, argues that the government's decision represents an "executive over-reach." They contend that Eswatini's constitution requires parliamentary consent for such agreements, which was not obtained in this case. This lack of transparency and parliamentary oversight has fueled criticism that the deal undermines democratic principles in the country.

Melusi Simelane of the SALC told the BBC in September, "We would have expected this milestone to reflect a maturation of our democracy - stronger rule of law, greater accountability, and clearer separation of powers."

US Deportation Policies Under Scrutiny

The deportations to Eswatini highlight the broader issue of US deportation policies, particularly under previous administrations which pursued a hard-line approach to immigration. These policies have been criticized for their lack of due process and potential violations of international human rights law. The practice of deporting individuals to countries with which they may have limited or no connection raises further ethical concerns.

Expert Perspective:

Dr. Liesl Louw-Vaudran, a senior researcher at the Institute for Security Studies in Pretoria, South Africa, notes that the Eswatini-US agreement reflects a broader trend of wealthier nations outsourcing migration management to developing countries. "This arrangement raises serious questions about the sovereignty of smaller nations like Eswatini and their ability to protect the rights of vulnerable populations," she says. "The financial incentives offered by the US can create a situation where Eswatini is pressured to accept deportees, even if it goes against its own national interests and values."

Eswatini's Response

The Eswatini government defends its actions, asserting that it acted within its constitutional powers and that the constitution allows for such agreements with foreign governments. However, this defense has failed to quell the concerns of human rights groups and some members of parliament.

Previously, some Eswatini MPs voiced concerns about the deal in parliament, but Prime Minister Russell Dlamini stated that it had been handled at a "top clearance level." The deal also prompted concerns from neighbouring South Africa, which fears that the deportees could cross into the country via their porous border. Eswatini government acting spokesperson Thabile Mdluli attempted to address these concerns by stating that the deportees are being held in solitary confinement in a secure facility.

Historical Context

Eswatini, formerly known as Swaziland, is a small, landlocked country ruled by King Mswati III since 1986. The country has faced criticism for its human rights record and lack of democratic reforms. The deportation agreement with the US has further fueled concerns about the government's commitment to upholding human rights and the rule of law.

Current Context:

The ongoing court case in Mbabane is set to resume soon, and its outcome could have significant implications for future deportations to Eswatini. The case highlights the tension between the government's desire to maintain its relationship with the US and its obligation to uphold its own constitution and international human rights obligations. The situation remains fluid, and the long-term impact of the deportation agreement on Eswatini's human rights record and democratic development remains to be seen.