Human Rights Law at Eswatini
Human rights law in Eswatini (formerly Swaziland) is shaped by its constitutional framework, customary law, and international obligations. Here is an overview:
1. Constitutional Provisions
Eswatini adopted its Constitution in 2005, which includes a Bill of Rights (Chapter III) guaranteeing:
Right to life, liberty, and dignity
Freedom of expression, assembly, and association
Protection from inhumane treatment
Equality before the law
Right to education and healthcare
However, these rights are often subject to limitations "in the interest of defense, public safety, order, morality, or health" — which can undermine enforcement.
2. Legal System & Customary Law
Eswatini has a dual legal system:
Roman-Dutch Common Law (inherited from colonial times)
Swazi Customary Law, which governs personal and cultural matters
Customary law can conflict with constitutional rights, especially in issues related to women’s rights, land ownership, and freedom of speech.
3. Challenges and Criticism
Political repression: Eswatini is an absolute monarchy; King Mswati III holds significant power, and political parties are banned from contesting elections.
Crackdown on dissent: Protests, journalists, and opposition figures have faced censorship, detention, or violence.
Limited judicial independence: The judiciary has been criticized for lacking autonomy and often deferring to royal authority.
4. International Commitments
Eswatini is a party to several international treaties, such as:
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
African Charter on Human and Peoples’ Rights
Despite these commitments, implementation and enforcement remain weak.
5. Current Developments
In recent years, there have been:
Calls for democratic reform
Pro-democracy protests, especially since 2021
International pressure on Eswatini to improve its human rights record
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