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Three men, deported from the United States to Eswatini rather than their countries of origin, have initiated legal proceedings against the Eswatini government, asserting that their detention breaches their human rights. The claimants, hailing from Cuba, Jamaica, and Yemen, allege unlawful treatment during their confinement at the Matsapha correctional complex.
Circumstances of Detention
The deportees, labelled by US authorities as dangerous criminals, completed their sentences in the US before being transferred to Eswatini in July 2025, alongside a group of five men. While one of the claimants, Orville Etoria, was repatriated to Jamaica in September, two others remain imprisoned, having spent the last eight months in Eswatini’s facilities. Their legal representatives maintain that these men pose no threat to the local population and have already served their time for any infractions committed in the United States.
Human Rights Allegations
The complaint has been lodged with the African Commission on Human and Peoples’ Rights (ACHPR), a prominent body within the African Union tasked with monitoring adherence to regional human rights commitments. While the ACHPR can urge compliance and may refer cases to the African Court on Human and Peoples’ Rights, its powers are limited, lacking direct enforcement capabilities.
Beatrice Njeri, a representative from the Global Strategic Litigation Council, which is advocating for the deportees, stated, “The individuals in detention have committed no crime in Eswatini and are subjected to multiple violations of their human rights. They are being held indefinitely.” Furthermore, Njeri reported that the detainees have been denied in-person consultations with their legal counsel, with one individual reportedly resorting to a 30-day hunger strike, which led to serious health complications.
Government Response
Thabile Mdluli, a spokesperson for Eswatini’s government, defended the nation’s stance, asserting its commitment to human rights within both regional and international frameworks. Mdluli contended that the detainees are not imprisoned but rather accommodated in a secure setting while awaiting necessary administrative processes for their repatriation. “It is also important to clarify that these individuals are not detained or imprisoned. They are being accommodated in a secure environment while the necessary administrative and diplomatic processes relating to their repatriation are under way,” she stated, calling it “premature” to predict a timeline for their return.
The Broader Context
Under the previous administration, the United States employed a controversial strategy of deporting immigrants to third countries, including Eswatini, as part of broader immigration enforcement policies. The US government reportedly allocated $5.1 million to Eswatini to facilitate the acceptance of up to 160 third-country nationals. Other nations, including Ghana and Rwanda, have also received deportees from the US.
Despite the serious allegations surrounding the treatment of these deported individuals, Eswatini’s high court recently dismissed a case from local NGOs that challenged the legality of the government’s actions, ruling that the applicants lacked the necessary standing to pursue the matter.
Why it Matters
This unfolding situation highlights significant concerns about human rights practices within the context of international deportation policies. The case underscores the complex interplay between national sovereignty, immigration enforcement, and the obligation to uphold human rights standards. As the world grapples with the implications of such deportation strategies, the plight of these individuals serves as a poignant reminder of the need for humane treatment and due process, regardless of one’s immigration status.
