“This sets a dangerous precedent” – ACTSA statement on US deportation of convicted criminals to Eswatini

In light of the US deportation of five convicted criminals to Eswatini last week, ACTSA echoes the strong concerns and demands raised by Eswatini civil society and regional civil society.

A grouping of Eswatini women’s organisations including ACTSA partners Swaziland Rural Women’s Assembly (RWA) has said:

“This situation not only puts a strain on local resources but also heightens fears of increased violence, including gender-based violence, crime, and other forms of insecurity that disproportionately affect women and girls. We believe that everyone, including deportees, deserves basic human rights and the chance to rebuild their lives, but this must not come at the cost of community safety or the rights of our women and children. The manner in which these deportations are seemingly carried out increases risks rather than addressing them.”

ACTSA supports Eswatini Women’s Movement’s demands:

• We urge the Government of Eswatini to terminate the deportation agreement that allows convicted criminals to be dumped in Eswatini
• We urgently demand the US to recall the deported criminals which were sent without proper consultation with the citizens.
• We urgently request the government of Eswatini to act and speak on behalf of its citizens and demand that proper measures be put in place to safeguard the rights and welfare of the local population before any deportations take place.
• The government must also address any pressures that lead to the uptake of such prejudicial policy arrangements with other countries.
• We call for coordinated international dialogue, transparent information sharing, and genuine investment in community support systems so that Eswatini does not become a dumping ground for unresolved problems from elsewhere.

Read Eswatini Women’s Movement’s full statement here.

Eswatini’s civil society grouping the Multi-Stakeholder Forum (MSF) has said “It is profoundly troubling that Eswatini has accepted deportees who were rejected by their countries of origin. This not only places an undue burden on Eswatini’s limited security and correctional infrastructure but also suggests a deeply problematic acceptance to decisions made by a foreign government without national consensus or public interest at heart. The MSF strongly questions the rationale, legality and morality of accepting such individuals into a country with no historical, familial, or legal ties to them.”

MSF has also raised the lack of consultation of any civil society organisation in Swaziland, the concerning question of the human rights, status and future status of the deportees, the potential violation of international human rights obligations, and the fear of a precedent of Swaziland as a dumping ground for the unwanted individuals of more powerful states.

ACTSA supports MSF’s calls to the Government of Eswatini to:

• Immediately provide a public explanation on the circumstances surrounding this deportation flight.
• Disclose any agreements made with the United States regarding third-country deportations.
• Involve Parliament, the judiciary and civil society in any future decisions of such magnitude.
• Reaffirm Eswatini’s commitment to international norms and reject any role as a dumping ground for foreign powers.

Read MSF’s full statement here.

The Southern Africa Litigation Centre (SALC) have said it is “deeply concerned about the secretive and legally questionable transfer of five individuals from the US to Eswatini’s correctional centres. Their detention raises serious legal red flags. There is no known lawful basis under Eswatini law for imprisoning foreign nationals removed from a third country. We call for full transparency, legal accountability, and immediate consular access.”

ACTSA supports SALC’s following calls:

• That the government clarifies the legal and factual basis on which the five individuals were accepted into Eswatini;
• That the consulates of countries where the five individuals are citizens urgently arrange for consular services to ensure that they obtain legal representation;
• The Eswatini Commission on Human Rights and Public Administration and international bodies, as official visitors under section 122 of the Correctional Services Act, visit the individuals to establish the facts surrounding their detention and their detention conditions. The international bodies should include the African Commission on Human and Peoples’ Rights, which is currently conducting an official visit in Eswatini, and the International Committee of the Red Cross in Pretoria;
• The government commits to not accepting inmates from third countries.

Read SALC’s full statement here.

ACTSA director Tricia Sibbons says: “This US deportation sets a dangerous precedent. There are serious questions to be answered by the US and Eswatini Governments about the principle and the legality of deporting people to a country they have no link to where they are incarcerated contrary to international law and held outside that country’s constitutional norms, with their rights and status unclear. Eswatini is not a dumping ground where powerful states can send unwanted individuals, and every person’s human rights must be respected.”