Legal Challenge Against Eswatini Over Deportation of Immigrants

Three men deported by the United States to Eswatini, rather than their home countries, have initiated legal proceedings against the Eswatini government. They allege that their detention constitutes an unlawful violation of their rights. Among the claimants are two individuals from Cuba and Yemen, who have been imprisoned in Eswatini for eight months. The third claimant, Orville Etoria, was repatriated to Jamaica in September after being detained in Eswatini. These men were part of a larger group of deportees, with five men sent back in July and an additional ten in October.

The Guardian

The US government has labeled these individuals as dangerous criminals; however, their legal representatives argue that they have already served their sentences for any crimes committed in the US. The complaint has been filed with the African Commission on Human and Peoples’ Rights (ACHPR), which monitors compliance with regional human rights agreements among member states. Although the ACHPR can demand that states uphold rights and refer cases to the African Court on Human and Peoples’ Rights, it lacks enforcement powers.

The Guardian

Beatrice Njeri, a lawyer with the Global Strategic Litigation Council, which is representing the detainees, stated that the individuals have committed no crimes in Eswatini and are facing various human rights violations while being held indefinitely. Reports indicate that the detainees have not been allowed in-person meetings with their lawyers, and one individual reportedly undertook a 30-day hunger strike, leading to signs of organ failure. Njeri emphasized the detainees' frustration, noting their desire to return to their home countries or the US.

The Guardian

Thabile Mdluli, a spokesperson for Eswatini’s government, indicated that she had not reviewed the legal complaint. In a related context, the US has been involved in a broader strategy of deporting immigrants to third countries, with Eswatini receiving financial compensation for accepting these deportees. Reports indicate that the US agreed to pay Eswatini $5.1 million to accept up to 160 third-country nationals.

The Guardian

In February, Eswatini’s high court dismissed a case brought by local NGOs that argued the government's imprisonment of the deportees was unconstitutional. The court ruled that the applicants lacked the standing to bring the legal challenge, as they did not have a direct interest in the matter.

The Guardian

Critics of the deportation policy argue that it undermines human rights and places individuals in precarious situations without due process. The legal actions taken by the deportees highlight the ongoing concerns regarding the treatment of immigrants and the responsibilities of nations in upholding human rights standards.

The Guardian

• “The people in detention have committed no crime [in Eswatini] and continue to undergo various human rights violations … They are being held indefinitely.” — Beatrice Njeri, Lawyer, Global Strategic Litigation Council

The Guardian

• “They just want to go back – some of them home, some of them to the US” — Beatrice Njeri, Lawyer, Global Strategic Litigation Council

The Guardian