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In a significant legal move, three men deported from the United States to Eswatini have filed a complaint with the African Commission on Human and Peoples’ Rights, alleging their detention in the southern African nation violates their rights. The men, who completed their sentences in the US, claim they are being unlawfully held, with one claiming to have experienced severe human rights violations during his confinement. This case raises crucial questions about the treatment of deportees and the responsibilities of nations regarding human rights.
Deportation Controversy
The three claimants, hailing from Cuba, Jamaica, and Yemen, were part of a group of deportees sent to Eswatini in a controversial arrangement by the US government. While Orville Etoria has since been repatriated to Jamaica, the other two men remain incarcerated in the Matsapha correctional complex, where they have been held for eight months. Their lawyers contend that the individuals have already completed their sentences in the US and should not face further punishment in Eswatini.
In July 2025, a total of five men were deported to Eswatini, with an additional ten deported in October of the same year. The US authorities have categorised these individuals as dangerous criminals, a label that their legal representatives vehemently contest, arguing that they have served their time and should not be subjected to prolonged detention without due process.
Human Rights Violations Alleged
The complaint filed with the African Commission on Human and Peoples’ Rights details serious allegations of human rights abuses. Beatrice Njeri, a lawyer representing the detainees through the Global Strategic Litigation Council, highlighted the absence of legal representation for the men, who have reportedly been denied access to their lawyers. The situation is further exacerbated by reports of one detainee undergoing a hunger strike that lasted 30 days, leading to alarming health issues.
Njeri expressed the frustration and desperation of her clients, stating, “They’re totally frustrated with the situation. They just want to go back – some of them home, some of them to the US.” The claims of indefinite detention without charges or legal recourse underscore a troubling scenario regarding the treatment of foreign nationals in Eswatini.
Eswatini Government’s Response
In response to these allegations, Thabile Mdluli, a spokesperson for the Eswatini government, insisted that the kingdom is committed to upholding human rights and adhering to international obligations. Mdluli asserted that the detainees are not imprisoned but are being accommodated in a secure environment while awaiting the completion of administrative and diplomatic processes related to their repatriation. However, she did not specify a timeline for their return.
The Eswatini government has previously faced scrutiny over its handling of deportees. In February 2026, the country’s high court dismissed a challenge from local NGOs, which argued that the detention of these individuals was unconstitutional. The court ruled that the applicants lacked the standing to bring the case.
The Broader Context of US Deportations
The deportations to Eswatini are part of a broader trend under the Trump administration, which sought to expedite the removal of immigrants through mass deportations. This has included arrangements with various African nations, such as Ghana, Rwanda, South Sudan, and Uganda, to accept third-country nationals. Reports indicate the US has allocated $5.1 million to Eswatini for accommodating up to 160 deportees.
As these deportations continue, the implications for human rights in host countries like Eswatini come under increased scrutiny. Critics argue that these arrangements often sidestep the legal protections afforded to individuals who have completed their sentences, raising ethical concerns about the responsibilities of nations in the treatment of deportees.
Why it Matters
This case highlights the complex interplay between international human rights obligations and national immigration policies. As the global landscape shifts, the treatment of deportees and the legal frameworks governing their rights remain critical issues. The outcome of this legal challenge could set a precedent for how nations address the rights of foreign nationals and their obligations under international law, particularly in the context of deportations. The situation demands careful consideration and action from human rights bodies to ensure that justice is served and human dignity is upheld.
