Trump’s Deportations Impact Eswatini: A Journey to the Small African Kingdom

In a significant legal development, nearly 100 people gathered at the High Court in Mbabane, Eswatini’s capital, on a morning in early October. They awaited Judge Titus Mlangeni’s ruling on the legality of a controversial agreement with the United States regarding the acceptance of foreign deportees. The case has sparked widespread debate, as it touches upon potential violations of Eswatini’s constitution.

Background of the Deportation Agreement

The agreement in question, signed on May 14, allows Eswatini to accept up to 160 deportees from the U.S. in exchange for $5.1 million. This sum is particularly significant for a nation of just 1.2 million citizens, where approximately two-thirds live below the poverty line.

• First five deportees arrived: July 2023
• Deportees from countries: Vietnam, Laos, Yemen, Cuba, Jamaica
• Legal challenges commenced: August 2023

Activism and Legal Responses

Activists and legal organizations, including the Eswatini Litigation Centre, have been vocal opponents of the agreement. They argue that it undermines national sovereignty and violates the constitution. Specifically, they contend that the deal was signed without the necessary parliamentary approval and the public’s knowledge.

The High Court’s recent decision to refer the matter to the Chief Justice signifies a potential victory for those challenging the arrangement. The full court, however, postponed a final ruling until further notice.

Human Rights Concerns

The deportees, many of whom were convicted of serious crimes in the U.S., are held in dire conditions at the Matsapha prison, which exceeds 171% of its maximum capacity. Reports indicate that they are detained without formal charges, raising significant human rights concerns.

Human Rights Watch and other organizations have criticized U.S. practices that involve deportation to countries with poor human rights records. Eswatini, with its record of arbitrary detentions and other abuses, fits this troubling profile.

Domestic and International Implications

The controversy surrounding the deportation agreement has greater implications for Eswatini’s governance. Activists argue that bypassing parliamentary approval endangers democratic principles and erodes public trust.

Concerns have also arisen in neighboring South Africa, where officials worry that Eswatini’s actions may set a precedent for similar agreements among other African nations, potentially jeopardizing human rights across the continent.

Conclusion

This unfolding situation highlights a clash between international agreements and national legal frameworks in Eswatini. As activists continue to challenge the status quo, the eyes of the world remain focused on the High Court’s eventual decision, which could redefine Eswatini’s approach to human rights and governance.