**
Three men recently deported by the United States have initiated legal proceedings against the Eswatini government, alleging that their detention in the country constitutes a grave infringement of their human rights. The claimants, hailing from Cuba, Jamaica, and Yemen, assert that they are being unlawfully held in violation of international standards.
Background of Deportation
In July 2025, the US government deported a total of five individuals to Eswatini, bypassing their countries of origin. This controversial action has raised significant concerns regarding the treatment and rights of these deportees. Among this group, Orville Etoria was returned to Jamaica in September 2025, while two others have remained incarcerated at the Matsapha correctional complex for over eight months.
The US authorities have classified these men as dangerous criminals; however, their legal representatives argue that they have already fulfilled their sentences for any offences committed in the US. The detained individuals’ complaints were formally submitted to the African Commission on Human and Peoples’ Rights, which is responsible for monitoring compliance with human rights protocols among African Union member states.
Conditions of Detention
Beatrice Njeri, representing the claimants through the Global Strategic Litigation Council, emphasised the dire conditions faced by the detainees. She stated, “These individuals have committed no crime in Eswatini and are enduring ongoing violations of their human rights… They are being held indefinitely.” Reports indicate that one detainee resorted to a 30-day hunger strike in late 2025 in protest against their treatment, leading to severe health complications.
The lack of access to legal counsel further exacerbates the detainees’ plight. According to Njeri, they have not been permitted in-person visits from their lawyers, contributing to their sense of isolation and frustration. “They simply want to return home, or to the US,” she added, capturing the desperation felt by the detained men.
Government Response
Responding to these allegations, Thabile Mdluli, a spokesperson for Eswatini’s government, asserted the kingdom’s commitment to respecting human rights and following international obligations. “These individuals are not detained or imprisoned in the traditional sense,” Mdluli clarified. “They are being accommodated in a secure environment while the necessary administrative and diplomatic processes regarding their repatriation are ongoing.”
However, she noted that it would be premature to provide specific timelines for the return of each individual to their home countries.
Broader Context of US Deportations
The US has been actively deporting immigrants to third countries, a strategy that gained momentum during the Trump administration. Reports indicate that over 68,000 individuals are currently detained under US Immigration and Customs Enforcement (ICE). Eswatini is among several African nations, including Ghana, Rwanda, South Sudan, and Uganda, that have accepted such deportees. The US government has reportedly provided Eswatini with $5.1 million to accept up to 160 third-country nationals.
In a recent legal development, Eswatini’s High Court dismissed a case brought forth by local NGOs, which argued that the government’s treatment of deportees was unconstitutional. The court ruled that the applicants lacked a direct interest in the matter, further complicating the legal landscape surrounding the detainees’ situation.
Why it Matters
The unfolding situation in Eswatini highlights critical issues surrounding international human rights obligations and the treatment of deportees. As these men seek justice, their case underscores the urgent need for transparency and accountability in how nations handle deportations. The outcome of their legal battle may set a significant precedent, not only for Eswatini but for the broader international community grappling with similar dilemmas regarding human rights and state sovereignty.
