Three men, deported from the United States to Eswatini rather than their respective home nations, have launched a legal challenge against the Eswatini government, asserting that their detention violates their human rights. The claimants, hailing from Cuba, Jamaica, and Yemen, allege that their continued imprisonment is unlawful and call for immediate redress from the African Union’s human rights authority.
Background of the Case
The three men were part of a group of five individuals deported by the US government in July 2025. This contentious decision saw them sent to Eswatini, which had agreed to accept these individuals as part of a controversial arrangement with the US. While one claimant, Orville Etoria, was repatriated to Jamaica in September, the other two have languished in detention for eight months, according to their legal representatives.
Their case has been filed with the African Commission on Human and Peoples’ Rights (ACHPR), which monitors compliance with human rights agreements among member states. Despite the commission’s authority to demand adherence to rights standards and refer cases to the African Court, it lacks enforcement mechanisms, leaving the men in a precarious situation.
Allegations of Human Rights Violations
Beatrice Njeri, an attorney from the Global Strategic Litigation Council, who is assisting the claimants, stated that the men have committed no offences in Eswatini and are subjected to ongoing human rights abuses. Reports indicate that one detainee recently undertook a 30-day hunger strike, leading to severe health issues, including signs of organ failure.
“The frustration and despair among the detainees are palpable,” Njeri remarked. “They simply wish to return home or, for some, to the US where they served their sentences. Their indefinite detention is causing significant distress.”
Government Response and Broader Context
In response to the claims, Thabile Mdluli, a spokesperson for the Eswatini government, maintained that the nation is committed to upholding human rights and that the individuals are not imprisoned but rather accommodated securely while awaiting the completion of their repatriation processes. Mdluli emphasised the absence of a defined timeline for their return, stating that it would be “premature” to speculate on when they would leave Eswatini.
The backdrop to these deportations is rooted in the US’s aggressive immigration policies, particularly under the Trump administration, which sought to expedite mass deportations by relocating immigrants to third countries. To this end, Eswatini received $5.1 million from the US to accept up to 160 third-country nationals, a decision that has drawn scrutiny and debate.
Legal Challenges and Future Implications
Adding to the complex legal landscape, Eswatini’s high court recently dismissed a case brought forth by local non-governmental organisations challenging the constitutionality of the deportees’ detention. The court ruled that the NGOs lacked the standing to pursue the matter, highlighting the difficulties faced by advocates seeking justice for the detainees.
As the situation continues to unfold, the plight of these men raises pressing questions about human rights, international law, and the responsibilities of nations receiving deportees.
Why it Matters
This case is emblematic of the broader issues surrounding human rights and immigration policy in an increasingly globalised world. It highlights the ethical responsibilities of nations in their treatment of deportees and the implications of international agreements that may compromise individual freedoms. As the legal battle progresses, it will not only impact the lives of the three men involved but may also influence future deportation policies and human rights practices across the continent.