Instruments that the state has currently acceded to/ratified

• The 1951 UN Convention Relating to the Status of Refugees (signed 14 February 2000)

• 1967 UN Protocol Relating to the Status of Refugees (signed 28 January 1969)

• 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (signed on 9 February 1988 and ratified on 9 February 1989)

• 1961 Convention on the Reduction of Statelessness (signed 16 November 1999)

• 1954 Convention relating to the Status of Stateless Persons (signed and ratified 16 November 1999)

2.1.2 Current reservations made

Eswatini entered the following reservations in respect of the application of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951, under article I of the Protocol:

"(1) The Government of the Kingdom of Swaziland is not in a position to assume obligations as contained in article 22 of the said Convention, and therefore will not consider itself bound by the provisions therein;

(2) Similarly, the Government of the Kingdom of Swaziland is not in a position to assume the obligations of article 34 of the said Convention, and must expressly reserve the right not to apply the provisions therein."

Declaration:

"The Government of the Kingdom of Swaziland deems it essential to draw attention to the accession as a Member of the United Nations, and not as a Party to the [Convention relating to the Status of Refugees] by reason of succession or otherwise."

There are no other recorded reservations or declarations in respect of the other conventions listed in 2.1 above.

2.2.1 List of legislations and regulations related to asylum and refugee protection as well as migration:

1. Refugees Act, 2017
2. The Citizenship Act, 1992
3. Identification Order, 1998
4. Identity and Travel Documents Act, 1959
5. Immigration Act, 1982
6. The Immigration Regulations, 1987
7. The Passports Act, 1971
8. The Refugees Control Order, 1978 (repealed in 2017)
9. The Validation of Immigration Order, 1973
10. People Trafficking and People Smuggling (Prohibition) Act, 2009

2.2.2 List and upload all major judicial decisions related to asylum and refugee protection.

• Fidelis - Emaka v Minister Of Home Affairs (2571 of ) [2012] SZHC 3

• Moema v Mngomezulu and others (980/2023) [2023] SZHC 590

2.2.3 Further international pledges made related to asylum and refugee protection :

2. Eswatini’s Pledges to End Statelessness, UPR 39^th Session 2019

3. Voluntary Review Report on the status of implementation of the Global Compact for Migration in Eswatini - 2022Migration Governance Indicators, 2021

Refugee

Definition in section 4 of the Refugees Act, 2017:

"4. (1) For the purposes of this Act the term refugee means-

1. a person who -

2. owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of the nationality of that person and is unable, or owing to such fear, is unwilling to avail oneself of the protection of that country; or

(ii) not having a nationality and being outside the country of the former habitual residence of that person, is unable or, owing to the fear referred to in subparagraph (i), is unwilling to return to that country;

2. a person, who owing to external aggression, occupation, foreign domination or events seriously disturbing public order in a part or the whole of the country of origin or nationality of that person, is compelled to leave the place of habitual residence of that person in order to seek refuge in another place outside the country of origin or nationality of that person; or

3. a person belonging to a class of persons determined by the Minister to be a refugee as provided in this Act.

(2) A person shall not be considered a refugee under this Act if there are serious reasons to believe that -

1. the person has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or

2. the person has committed a serious non-political crime outside Swaziland prior to the admission to Swaziland of that person as a refugee.

(3) A person shall cease to be a refugee under this Act where -

1. the person has voluntarily re-availed oneself of the protection of the country of nationality of that person;

2. having lost nationality, that person has voluntarily re-acquired that nationality;

3. the person has acquired Swazi nationality or the nationality of some other country, and enjoys the protection of Swaziland or the protection of that other country;

4. the person has voluntarily re-established oneself in the country which that person left or outside of which that person remained owing to fear of persecution;

5. the person can no longer be recognized as a refugee because the circumstances in connection with which that person has been recognised as a refugee have ceased to exist;

6. being a person who has no nationality that person is, because the circumstances in connection with which that person has been recognised as a refugee have ceased to exist and that person has been able to return to the country of the former habitual residence of that person.

Asylum seeker

The statutes of Eswatini do not have a clear definition of an Asylum seeker. The definition may be construed from the wording of certain provisions of the Refugees Act, specifically Section 9. (1) which refers to a person who has made a request for protection to an authorised officer, verbally or in writing, either at the border or within the territory of Swaziland (paraphrased).

It is also important to note the provisions of section 3 of the Refugees Act, 2017:

“The Convention set out in Schedule I, the Protocol set out in Schedule II and the Organisation of African Unity Convention set out in Schedule III, to this Act, shall, subject to any necessary modification in compliance with the Constitution and other laws in force, have full force and effect in Swaziland and be part of the laws of Swaziland”.

The intention of the legislature in this section is to domesticate the international law by giving effect to the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees and the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa. This means that Eswatini follows the international law definition of asylum seeker.

Child

A Child is defined in Part I of the Children Protection and Welfare Act of 2012 as “a person under the age of eighteen years.” This is the prevailing definition, which takes precedence over all other statutory definitions that existed before the coming into force of this Act.

Unaccompanied and/or separated child

Section 2 of the Refugees Act, 2017 contains the following definitions:

“unaccompanied child” means a child who has been separated from both parents and other relatives and who is not being cared for by an adult who by law or custom, is responsible for doing so;

“separated child” means a child who is separated from both parents or from previous legal or customary caregivers but not necessarily from other relatives;

Family

Section 2 of the Refugees Act, 2017 defines the term “member of the refugee’s family”, in relation to a refugee, to mean “a spouse, minor child or any other person who is dependent on the refugee”.

Section 27(3) of the Constitution of Swaziland states that “The family is the natural and fundamental unit of society and is entitled to protection by the State.”

Section 10(1) of the Refugee Act, 2017 states that “Where a person recognized as a refugee is the head of a family, that person’s dependents shall be granted refugee status in accordance with the principles of family unity.”

Victim of trafficking

The People Trafficking and People smuggling (Prohibition) Act of 2009 does not define a victim of trafficking. However, some of its provisions do make reference to certain classes of victims of trafficking e.g. a child victim, a female victim, a foreign victim, an adult victim. See for example sections 12 and 13.

In 2015, the state adopted the Victim Identification Guidelines. (soft copy not obtained at the time of reporting).

The government is yet to enact the Trafficking in Persons and Migrant Smuggling Bill.

Stateless person

Not defined in legislation. It is generally understood that a stateless person is a person who is not considered as a national by any state in terms of the operation of its laws. Although the term is not defined in national laws, Eswatini follows the international law definition as enshrined in the 1954 Convention Relating to the Status of Refugees and Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Returnee

Although this is not defined in national laws, Eswatini follows the international law definitions as enshrined in the 1954 Convention Relating to the Status of Refugees and Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

3.1.1 The principle of non-refoulment in the national context

Section 11 of the Refugees Act, 2017 provides that:

"A person shall not be refused entry into the country, be expelled, extradited or returned to any other country or be subject to any similar measure, if as a result of such refusal, expulsion, extradition, return or measure, such person is compelled to return to or remain in a country where –

1. that person may be subjected to persecution on account of the race, religion, nationality, membership of a particular social group or political opinion of that person; or

2. the life, physical safety or freedom of that person would be threatened on account of external aggression, occupation, foreign domination or events seriously disturbing public order in a part or the whole of that country."

Section 12 of the Refugees Act, 2017 it is provided that:

"12 (1) The Minister may order the expulsion of a refugee on the grounds of national security or public order and such refugee shall not be expelled to a country which the refugee may not be returned to, in terms of section 11.

12 (2) The Minister shall, where the Minister intends to make an order for the expulsion of a refugee, inform or cause the refugee to be so informed, and that refugee may make representations within such time as the Minister may determine, against the expulsion order on the grounds that the refugee did not act contrary to national security or public order, or that the refugee’s expulsion would be contrary to section 11."

3.2.1 National Laws and regulations regarding entry of asylum seekers

Although the Immigration Act, 1982 does not reflect the difference, in practice border officials who receive persons seeking asylum have to notify the national police stationed at the border, who will after vetting the person of concern, refer him/her to the Commissioner for Refugees whereat the application for asylum will be initiated with the assistance of RSD officers.

3.2.2 Limitations on access to asylum during periods of National Emergency

During the lockdown government services were generally limited in compliance with the Disaster Management Act, 2006 and the COVID-19 Regulations of 2020. The Ministry of Home Affairs and the office of the National Commissioner for Refugees scaled down operations until such time that the restrictions were lifted. On the background of the Ministry of Home Affairs capacity, RSD interviews were conducted face-to-face as far as possible. In light of COVID-19 pandemic, interview rooms have been equipped with hand sanitizers and disposable masks and well-ventilated.

4.1.1 Access to reception facilities for asylum seekers

The Malindza Refugee facility has been, in practice, designated as a reception and settlement facility. This was pursuant to the spirit of section 14 (1) of the Refugees Act 2017 in terms of which the Minister of Home Affairs may, by legal notice published in the Gazette, declare any part of Eswatini to be an area for the reception of refugees. (2) The Minister may establish in any reception area a refugee settlement for refugees or any category of refugees, and may appoint a settlement officer to be in charge of such settlement. Access to newly received or registered asylum seekers is limited to three months.

There are other implementing partners who offer assistance to asylum seekers and access to accommodation and food such as local churches, NGOs e.g. World Vision, Cartias. Implementing partners operate in all the regions of the country.

4.1.2 Further accommodations made for reception of particularly vulnerable groups among asylum seekers

Section 15(3) of the Refugee Act places an obligation on settlement officers to ensure that women, children and refugees with special needs are protected from any abuse including sexual abuse.

Section 17 thereof provides that the office of the Commissioner for Refugees shall ensure that the special needs of unaccompanied and separated children are taken into consideration and that the proper safeguards are in place to ensure legal oversight and respect for the best interest of the child.

In practice, children and other persons falling within the definition key or vulnerable populations do receive special treatment. For example, unaccompanied minors, the disabled and elderly persons may be granted suitable accommodation at the state’s expense, and/or obtain special assistance from government’s implementing partners. These persons receive food, clean water and basic medical assistance for free at the Good Shepherd Hospital which is nearest to Malindza, for free. Although adults receive food for the first three (3) months, there is no time limitation for children.

4.2.1 Detention of asylum seekers

The Refugees Act, 2017 specifically rejects the detention of asylum seekers.

Section 8 (1) provides that:

Without conflicting anything contained in the immigration laws of the land, a person claiming to be a refugee, who has illegally entered or is illegally present in Eswatini, shall not be declared a prohibited immigrant, detained, imprisoned or penalised in any other way merely by reason of the illegal entry or presence of that person, pending a determination of the application of that person for recognition as a refugee.

There is therefore no provision for, or a definition of, detention in the context of asylum seekers. That said, criminal sanctions for violation of national laws remain in force and applicable to all persons.

4.2.2 Detention of Children

The provisions of section 8(1) is inclusive of children.

4.2.3 Detention conditions set out in the laws and regulations

The provisions of section 8(1) provide guidance on this matter. In the case where an asylum-seeker has committed a crime, the ordinary course of justice will prevail in terms of which the offender is charged and prosecuted and if found guilty they may be convicted as the law permits. There are no special facilities for imprisonment of asylum-seekers, therefore convicted asylum-seekers may be accommodated together with persons accused or convicted of criminal offences.

4.3.1 Social and legal assistance offered to asylum seekers

For the first three months of registration of an asylum-seeker, the state provides accommodation at Malindza camp. Other than the lack of sufficient capacity, the intention behind the three month period is to encourage asylum-seekers to sustain themselves by integrating into the society. During the three months period, the state provides meals. Medical examination is also carried out, plus an ongoing free basic health care at the Malindza Centre Clinic or at Good Shepherd Hospital. Early childhood education is provided and asylum seekers are taught English for communication purposes. The state’s implementing partners have assisted with these provisions, which also include social counselling for victims of trauma. Once registered, an asylum-seeker obtains the initial ‘international protection’ sought, and once granted refugee-status, they become entitled to almost all rights of nationals, except for those special civil rights such as the right to vote in national elections. The provision of legal aid is not yet established since the Legal Aid Bill is still at developmental stages. However, assistance may be provided by the state’s implementing partners where necessary. The University of Eswatini’s Legal Aid Clinic has also availed itself to assist in cases of refugees and asylum seekers who have been in conflict with the law.

In so far as possible Refugees and Asylum seekers receive the above-mentioned assistance at no cost to them.

4.4.1 Right to Family Unity

Section 27(3) of the constitution provides for the protection of the family by the state. The Refugee Protection Act, 2017 in section 2 defines a “member of the refugee’s family”, in relation to a refugee, to mean a spouse, minor child or any other person who is dependent on the refugee.

The Act goes on to further provide in section 10 that:

10. 1. Where a person recognized as a refugee is the head of a family, that person’s dependents shall be granted refugee status in accordance with the principles of family unity.

(2) Where, subsequent to the recognition of the head of a family as a refugee, there is a change in the family status or ties resulting from marriage, divorce, legal separation, or death of the head of the family or attainment of the age of majority by a dependent, the members of that family shall continue to be recognised as refugees under this Act. (3) Where a person is recognized as a refugee, the Commissioner shall, in accordance with the principle of family unity, facilitate entry into the country for members of the family of that refugee.

4.4.2 Socio-economic rights afforded to asylum seekers: work, education healthcare and freedom of movement

In her superior role as administor of refugee facilities, the Minister of Home Affairs is empowered by the Refugee Act to make rules and issue directives for the reception, treatment, health and well-being of refugees in a refugee settlement (s.15(1)(b)).

Sub-section 2 thereof further places a duty on settlement officers to ensure that all proper precautions are taken to preserve the health and well-being of the refugees in a refugee settlement.

Once an Asylum application has been received in terms of section 9 of the Refugee Protection Act, 2017, the asylum-seeker is issued with a registration document which attests to their reception into the Kingdom (pending the outcome of their refugee-status application). This would enable them to work, although most likely in the informal sector. It also enables them to move freely within the country. Although there are no legislative barriers to education, there are still challenges of uncertainty as regards their admissibility into all levels of the formal education system.

4.4.3 Access to UNHCR facilities for asylum seekers

Yes, this is enabled by section 16 of the Refugees Act, 2017. In practice, the UNHCR local office also works hand in hand with the Ministry of Home Affairs so as to guarantee access.

4.5.1 Determination of ‘Child’s Best Interest’ principle among asylum seeker children

4.5.1 Are there procedures to determine children's best interests, if so describe same.

The best interests of a child is a cardinal principle expressed in general terms in section 29 of the Constitution of Swaziland, and in unequivocal terms 3(1) of the Children Protection and Welfare Act, 2012. This principle applies to all children without discrimination.

In dealing with cases of refugees and asylum seekers involving children, the Ministry of Home Affairs is guided by this legislation and assisted by implementing partners to take care of the best interests of children through the provision of healthcare, education and many other basic needs of a child.

Section 3 of the Children Protection and Welfare Act provides that a child has the right to be properly cared for and brought up by parents or other lawful authority in place of parents. See also section 27 (3) of the Constitution.

4.5.2 Registration of births and documentation among asylum seeker children

Eswatini has domesticated the right to birth registration in the Children Protection and Welfare Act, 2012.

While this Act places equal responsibility on both parents to register their child’s birth, the Births, Marriages and Deaths Registration Act, 1983 specifically mentions only the father as having the primary responsibility to carry out the registration, followed by “any person present at the birth” (which presumably includes the mother), but only where the father has died, is absent or is unable to declare the birth.

In the spirit of ‘later law supercedes earlier law’, it may be said that the generality and specificity of the provisions of the 2012 Act should supercede the 1983 Act, hence vesting the right to register a child on the mother equally with the father.

In practice, once a birth is registered a PIN (personal Identification Number) is allocated to the child and a proof of birth is produced as well a birth certificate.

5.1.1 Reception official at first instance

The National Refugee Advisory Committee (hereafter, the Committee) is established in terms of section 5 of the Refugee Protection Act, 2017.

The Committee is assisted by Refugee Status Determination Officers (RSDOs) who conduct the interview assessments of asylum-seekers following the SOPs modelled on the UNHCR Guidelines, and after the interview/assessment the RSDOs present their case by case findings and recommendations to the Committee which meets every two months.

Section 9(8) of the Act empowers the Committee to consider the recommendation submitted by the Refugee Status Determination Officer and make a final determination on the merits of the asylum claim within 180 days from the date the application is lodged with the authorized officer.

5.1.2 Procedural and legal guidance and assistance offered to asylum seekers

Section 8(4) of the Refugee Protection Act, 2017 provides that:

Where an applicant who appears before the Refugee Status Determination Officer cannot understand the language used during the interview, the Commissioner for Refugees shall provide that applicant with an interpreter.

The Status Determination SOPs also feature a guideline to the effect that where documents presented are in a foreign language, and an interpreter is not being used during the interview, the RSDO should ask the Applicant to as much as possible explain/ translate the contents of the document. If an interpreter is available, the support of the interpreter can be solicited.

In terms of section 9(4), where an applicant who appears before the Refugee Status Determination Officer cannot understand the language used during the interview, the Commissioner for Refugees shall provide that applicant with an interpreter.

The Status Determination SOPs feature some guidelines providing for the solicitation of an interpreter where documents presented are in a foreign language and where the support of the interpreter is required for the interview.

The Refugee Act neither provides for nor excludes the assistance of a legal practitioner/advisor where an asylum seeker wishes to be represented during the application/interview process.

Legal representatives are however provided for in matters of ‘expulsion’ which are regulated by section 12 of the Act. Section 12 (3) for instance, provides that: “A refugee who wishes to make representations against the expulsion order shall make the representation, in writing, with or without the assistance of a legal practitioner.”

The Act in section 9 (9) provides that the Committee shall, through the Commissioner, inform each person whose application has been successful of that fact, and shall issue to that person an identity card attesting to the status of that person. Section 9(10) proceeds to state that where the Committee decides not to grant the application for refugee status, it shall inform the applicant of that decision and the reasons thereof through the office of the Commissioner for Refugees.

Although the Act does not provide for a ‘written report’, in practice the reasons for failed applications are normally communicated to the applicant in writing.

5.1.3 Availability of Legal Aid

The provision of legal aid is not yet formally established in Eswatini since the Legal Aid Bill is still at developmental stages. However, assistance may be provided by the state’s implementing partners where necessary. The University of Eswatini’s Legal Aid Clinic has also availed itself to assist in cases of refugees and asylum seekers subject to their means assessments.

5.2.1 Confidentiality of personal information and data

Although the Act is silent on confidentiality of personal information, paragraph 4 of the SOPs provides that:

All staff members involved in the RSD process have a duty to ensure the confidentiality of the information received. This includes the fact that an individual legal status (asylum-seeker or refugee) and that they have an active case with the Refugee Department.

The SOPs have more extensive provisions governing the non-disclosure of personal information in the RDS process.

The SOPs provide that “Asylum-seekers and refugees should be informed of their right to confidentiality in the RSD procedure.” This would enable them to exercise their free consent.

Paragraph 4 of the SOPs provides that:

All staff members involved in the RSD process have a duty to ensure the confidentiality of the information received. This includes the fact that an individual legal status (asylum-seeker or refugee) and that they have an active case with the Refugee Department.

5.3.1 Registration of family members of registered asylum seekers

This is in line with section 10 of the Refugee Act which states that:

1. Where a person recognized as a refugee is the head of a family, that person’s dependents shall be granted refugee status in accordance with the principles of family unity.

(2) Where, subsequent to the recognition of the head of a family as a refugee, there is a change in the family status or ties resulting from marriage, divorce, legal separation, or death of the head of the family or attainment of the age of majority by a dependent, the members of that family shall continue to be recognised as refugees under this Act.

(3) Where a person is recognized as a refugee, the Commissioner shall, in accordance with the principle of family unity, facilitate entry into the country for members of the family of that refugee.

5.3.2 Obstacles to applying for asylum while in detention

There are no legislative or regulatory barriers. Possible obstacles could be security considerations depending on the nature and gravity of the offence for which the would-be asylum-seeker is detained, and issues of practical communication barriers.

5.3.3 Making a claim for asylum at the border

Claims submitted at the border are considered as ordinary asylum applications and may be made verbally or in writing (section 9(1) of the Refugee Act). This means that the border officials have to notify the office of the High Commissioner for Refugees who will assign an RSD officer to arrange the assessment. The border officials/police (who are ‘authorised officers’ under the Act) and the RSD officer have to conduct the screening of asylum seekers to identify and refer possible victims of trafficking or smuggled migrants.

The law allows exemptions to the immigration procedures for non-nationals claiming asylum. The Refugees Act (2017) establishes that a person who has "illegally entered or is illegally present in Eswatini shall not be declared an irregular immigrant, detained, imprisoned, or penalised in any other way merely by reason of illegal entry or presence of that person pending a determination of the application of that person for recognition as a refugee".

According to section 9. (1) A request for protection made to an authorised officer, either at the border or within the territory of Eswatini, shall be considered an asylum application and may be made verbally or in writing. (2) The Commissioner for Refugees shall issue to the person who makes an application under subsection (1) a document in the prescribed form showing that the person has made an application to be recognised as a refugee and that document shall remain valid until the person is granted or refused refugee status.

This amounts to registration of the asylum-seeker. Note that an authorised officer under section 2 of the Act is defined as “the Principal Secretary, the Commissioner, an immigration officer, a settlement officer or a police officer”.

The Commissioner for Refugees issues to the person who makes an application a document in the prescribed form showing that the person has made an application to be recognised as a refugee and that document shall remain valid until the person is granted or refused refugee status.

The RSD SOPs also indicate that each asylum-seeker aged 18 or above is required to complete a pink form and is given a separate file. The Registration of all asylum-seekers takes place at the Home Affairs office in Mbabane or at Malindza Refugee Reception Centre depending on arrival point. Subsequently, the registration clerks will create a physical file for each asylum-seeker.

Section 9(1) of the Act allows claims to be made at the border. After screening at the border entry point, the asylum-seeker may be admitted into the country having been referred to the Office of the Commissioner for Refugees.

5.3.4 Necessity of travel or identity documents for concerned persons

According the RSD SOPs, an asylum application file for each asylum-seeker must include at minimum:

1. The police statement;
2. The pink form;
3. The asylum-seeker certificate produced by proGres V4; and
4. Copies of identity documents and any other documents presented upon registration.

5.3.5 Challenges for individual asylum seeker claims for females

Yes. The RSD SOPs provide that when receiving the applicants, both spouses, and all adult members included in the case (including adult children) should be interviewed separately.

On derivative status, the RSD SOPs provide that “the possibility of granting derivative status according to the principle of family unity does not preclude the possibility of granting refugee status based on the family member’s own merits.” In principle, ass asylum-seekers have the right to present their own claims, even when derivative status is (also) justified. Individual claims should always be examined first, and refugee status granted where relevant.

Additionally, the Commissioner for Refugees ensures that, wherever possible, female Applicants are interviewed by female interviewers and interpreters or that Applicants are interviewed by interviewers/interpreters of their preferred gender. Language interpreters are made available where necessary.

5.5.1 Standard of credibility for an asylum claim

In principle, as asylum-seekers have the right to present their own claims, even when derivative status is (also) justified. Individual claims should always be examined first, and refugee status granted where relevant.

In the case of spouses, the RSDO should conduct a full RSD interview to examine the spouses own individual claim.

If the RSDO during the preparation and conducting of the RSD interview identifies obvious inconsistent information in the registration module (e.g bio-data information inaccurately captured in proGres, despite what is reflected in available documents), the registration clerks should be informed via e-mail and the same procedures should be followed as outlined in the previous section for possible updates in line with available Registration SOPs.

If the inconsistencies identified are not non-essential, and rather serious ones and may or will have an impact on the credibility assessment (e.g the Applicant during RSD interview provides a totally different name and/or date of birth and/or nationality and has no supportive documentation available, such as passport, as well as no legitimate reason for the inconsistency), then registration clerks should not be informed of the inconsistency. The inconsistency should instead be analysed in the assessment, with regards to credibility, and presented to the RAC for adjudication. If the final decision by the RAC or RAB is recognition, and the identity information accepted as credible is not consistent with that on poGres, a change by registration clerk can be made in proGres at this stage in order to ensure that the identity information in the documentation (i.e convention travel document) the refugee will receive is consistent.

The assessment of credibility is not legislated. However, Eswatini follows the UNHCR Guidelines published in the Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees.

5.5.2 Provisions and standards for decision makers

Section 9(8) of the Refugee Protection Act states that:

The Committee shall consider the recommendation submitted by the Refugee Status Determination Officer and make a final determination on the merits of the asylum claim within 180 days from the date the application is lodged with the authorised officer.

The Process is detailed in the RSD SOPs.

Appeals are decided by the Appeals Board established by section 6 of the Act, and empowered to decide appeals under section 9 (11)-(13).

To date, the Appeals Board and appeals procedure is not fully developed and up and running. This area of the Asylum-System requires development with the technical support of the UNHCR, and subsequently updating of the SOPs, including the appeal procedure.

5.5.3 Assessment of individual claims of family members and dependents of potential refugees

According to the RSD SOPs, in the event an adult individual is newly registered as an asylum-seeker and has a dependent relationship to an individual that is already a recognized refugee, an interview should be scheduled within two months or as soon as possible thereafter.

The possibility of granting derivative status according to the principle of family unity does not preclude the possibility of granting refugee status based on the family member’s own merits. In principle, ass asylum-seekers have the right to present their own claims, even when derivative status is (also) justified. Individual claims should always be examined first, and refugee status granted where relevant.

Dependents of refugees, other than minor children or spouses, who do not have an individual asylum claim may qualify for derivative status based on the principle of family unity. For this to be possible, the RSDO must have in an interview established that the dependent is (permanently) part of the same household as the refugee and that there exists a link of psychological, emotional and/or financial dependence.

5.6.1 Interview and decision making process at first instance

Section 7(4) of the Refugee Act provides that:

There shall be Refugee Status Determination Officers who shall interview and prepare recommendations on asylum applications for consideration by the National Refugee Advisory Committee.

The RSD SOPs state that all adult Applicants must have the opportunity to present their claims in an RSD interview with a qualified RSDO. RSD interviews should be conducted in a confidential setting, and with measures to protect the identity of Applicants in the waiting area. The refugee status claim should not be determined in the first instance on the basis of a paper review alone.

5.6.2 Access to ‘Country-of-Origin Information’(COI) available to decision makers

If and when the RSDOs conduct thorough research and also follow the UNHCR guidelines it is most likely to provide reliable, accurate, and up-to-date country of origin information to enable decision-makers to appropriately assess the claim?

5.6.3 An asylum seekers access to a decision and possibility to appeal

Although the Act is silent on the interview report, the RSD SOPs state that all information regarding Applicants is subject to restricted access by authorised staff. This would mean that there is no obligation to give asylum seekers access to their personal interview report.

In practice, at the close of an interview, the RSDO should ensure that the Applicant has been given sufficient opportunity to present all information relevant to his/her claim. Before closing the interview, the Applicant should be given the opportunity to add any further information or concerns or to ask any questions.

5.8.1 Asylum seekers right to appeal decisions

The Refugees Act 2017 provides for the right of appeal in section 9(11). An applicant who is aggrieved by a decision of the Committee may, within 21 days of notification of the decision, appeal to the National Refugee Appeals Board.

Section 9(13): If the Appeals Board rejects the appeal, the Appeals Board shall give notice to the Minister who shall give the applicant notice to leave Swaziland in accordance with the provisions of the immigration laws or seek redress with the High Court.

The period for lodging an appeal commences after the decision has been communicated to the applicant.

5.8.2 Administrative assessment of appeals

The body responsible for all appeal matters is the Appeals Board established by section 6 of the Act. It is a quasi-judicial organ. It is independent from the Committee in terms of its membership. See sections 5 and 6 of the Refugee Act which prescribes the membership of each organ.

5.8.3 Outcome of an appeal decision: what is available to the asylum seeker

Section 11 of the Act uses the term “notification of the decision”. It does not specify whether such notification shall be in writing or be in sufficient detail so as to determine grounds of appeal and facilitate an appeal.

The RSD SOPs do provide some more guidance:

For RSD cases that are finalised, and refugee status granted, the RSDO calls the Refugee(s) and notifies that refugee status is granted. During notification, the refugee is informed that refugee status recognition means that he/she is protected from refoulement and that the Government of Eswatini grants the refugee legal residence for a period of 2 years at a time, until such time he/she is eligible to apply for citizenship. The refugee is further notified that he/she should, in a period of 2 weeks, present him/herself to the Ministry of Home Affairs office in Mbabane and see the registration clerks in order to get a status permit issued. With the status permit, the refugee can approach the department and apply for an identification card for non-Swazis as well as a Convention Travel Document (CTD).

If the recognition was granted on derivative status, in the absence of an individual claim, the RSDO must clearly notify the reason for the kind of the recognition and the reasons for the rejection of the individual claim.

Upon denial of refugee status at first instance, the Applicant must be provided with a reasoned rejection letter – a Notification Letter. The Notification Letter should provide the reasons for rejecting the asylum claim and outline the appeal procedure. It must be signed by the Commissioner for Refugees. Denial of refugee status at first instance must be notified in person during an appointment for notification.

Similarly, to notification procedures for denying refugee status at first instance, notification of denying refugee status at appeal must be done in person and the Applicant must be provided with a rejection letter clearly outlining the reasons for denial and the possible next steps (i.e possibility to appeal to a third instance, as provided by the 2017 Eswatini Refugees Act).

5.8.4 Procedures and standards of appeal hearings or interviews

Since the reasons for appeal will be stipulated in the notification, both grounds of appeal should be available. It should also be noted that the constitution of Swaziland provides for the right to administrative justice in section 33. However, because to date, the appeals board and procedures are not fully developed and up and running, there is no reliable information on this.

Because to date the appeals board and procedures are not fully developed and up and running, there is no reliable information on this.

5.8.5 Period between appeal hearing and final decision

Because to date the appeals board and procedures are not fully developed and up and running, there is no reliable information on this.

5.9.1. Children

Special measures for asylum-seeker children

According to the RSD SOPs interviewing children and assessing their claims should always be done with careful consideration. Children under 13 years of age are usually not interviewed for RSD unless there is a compelling reason to do so. If the minor is accompanied by an adult family member/caretaker, the adult can instead be interviewed to get a comprehensive understanding of the minor’s claim and situation. Interviews of minors should be done by experienced RSDO. The following guidelines on interviewing child applicants should be followed:

• The child’s age and level of emotional, mental and intellectual development at the time of the interview and at the time of the relevant events;
• The psychological impact the events related to the claim may have had on the child;
• The child’s possibly limited knowledge of conditions in the country of origin, and their significance for the determinations of refugee status.

Priority granted to processing of asylum seeker children

Cases with vulnerability or specific needs are referred on the spot by registration clerks to the Commissioner for Refugees and World Vision Eswatini (UNHCR and Government social assistance implementing partner, covering the country’s refugee programme) in order to verify and assess the protection needs and identify the appropriate protection intervention. Urgent cases usually include unaccompanied children.

Right to legal representation for asylum seeker child

This is not provided for. However, the RSDOs have an obligation to accord special treatment to children in light of their best interest. For example: If necessary, an Applicant with children may be interviewed in a “child-friendly” space. Care should be taken to ensure that the presence of children in the interview room does not distract either the Applicant or the interviewer. RSDOs and Applicants should ensure that children are not present when questioning is conducted on traumatic or other painful experiences.

5.9.2. Person with disabilities

Special measures for people with disabilities

Cases with vulnerability or specific needs are referred on the spot by registration clerks to the Commissioner for Refugees and World Vision Eswatini (UNHCR and Government social assistance implementing partner, covering the country’s refugee programme) in order to verify and assess the protection needs and identify the appropriate protection intervention. Cases of persons with disabilities are classified as urgent in terms of the RSD SOPs.

Urgent cases are scheduled for RSD interviews within two weeks or as soon as possible thereafter and priority cases are scheduled within two months or as soon as possible thereafter.

Vulnerable cases may be identified after the registration stage, for instance when the Applicant approaches the Government for counselling. If a vulnerability is identified and an accelerated RSD deemed necessary, an email correspondence should be sent to the Commissioner for Refugees for review and endorsement. Subsequently, World Vision Eswatini should e-mailed with a referral for protection case management.

5.9.3. Women

Informing women about their right to make individual asylum claims

Section 15(3) of the Refugee Act places an obligation on settlement officers to ensure that women, children and refugees with special needs are protected.

The RSD SOPs provide that when receiving the applicants, both spouses, and all adult members included in the case (including adult children) should be interviewed separately.

On derivative status, the RSD SOPs provide that “the possibility of granting derivative status according to the principle of family unity does not preclude the possibility of granting refugee status based on the family member’s own merits.” In principle, ass asylum-seekers have the right to present their own claims, even when derivative status is (also) justified. Individual claims should always be examined first, and refugee status granted where relevant.

Additionally, the Commissioner for Refugees ensures that, wherever possible, female Applicants are interviewed by female interviewers and interpreters or that Applicants are interviewed by interviewers/interpreters of their preferred gender. Language interpreters are made available where necessary.

5.9.4. LGBTIQ

Special measures for claims made by lesbian, gay, bisexual, transgender, or intersex, queer (LGBTIQ) individuals

There are no indications of preferential treatment accorded to LGBTIQ persons. The constitutional principles of equality and non-discrimination are observed within the refugee-protection system. Therefore, claims of LGBTIQ persons are processed as per the ordinary course.

5.10.1 Average processing time, from the asylum claim registration to the decision on refugee status

It varies from case to case. Cases with complexities may take longer to resolve. Straight forward cases without any attendant delays should be decided within three months, having taken into account the screening and registration process, the initial interviews/assessment, presentation of the case to the High Commissioner for Refugees and referral/presentation to the Advisory Committee.

5.10.2 Types of residence offered to refugees by legislation

Legislation does not provide for any specific type of residence. Section 22 of the Refugee Protection Act states that the Minister may make any other order, consistent with this Act, to govern and regulate the entry and residence of refugees and any matters related to such entry or residence. Pursuant to these powers, the Malinza facility has been designated as the initial reception facility for refugees and asylum-seekers, for a limited period of 3 months. Although there is no compulsion for them to reside there.

5.10.3 Duration of refugee status

Refugee status is granted for a renewable period of two(2) years.

5.10.4 Issuance of individual identity documents certifying refugee status

Individually recognised refugees are issued with a periodically renewed status permit (valid for 2 years) and a refugee ID card, as well as a convention travel document. This right of renewal is extended to family members or other dependants that may be linked to the main ‘file holder’s’ refugee status.

5.10.5 The effect of familial changes on an individual’s refugee status

Section 10(2) of the Refugee Protection Act provides that:

“Where, subsequent to the recognition of the head of a family as a refugee, there is a change in the family status or ties resulting from marriage, divorce, legal separation, or death of the head of the family or attainment of the age of majority by a dependent, the members of that family shall continue to be recognised as refugees under this Act”.

5.11.1 Forms of complementary or temporary protection in legislation

There was no information on this point.

5.12.1. Exclusion

5.12.2. Cancellation

5.12.3. Revocation

5.12.4. Cessation

5.13.1 Process of returning those found not to be in need of international protection

Persons who are found not to be in need of international protection are subject to the Immigration Act of 1982.

Section 8 of the Immigration Act empowers the Minister of Home Affairs to make an order in writing directing that any person whose presence in Eswatini was, immediately before the making of that order, unlawful under this Act, be removed from and remain out of Eswatini either indefinitely or for such period as may be specified in the order. A person to whom an order made under this section relates shall be removed to the place from whence he came, or with the approval of the Minister, to a place in the country to which he belongs, or to any place to which he consents to be removed if the Government of that place consents to receive him/her. If the Minister so directs, the person may be kept in custody until their departure from Eswatini, and while so kept shall be deemed to be in lawful custody.

5.13.2 Execution of removal orders

Exxecution of removal orders follow the procedure of section 8 of the Immigration Act. Essentially that they will be removed from and remain out of eSwatini either indefinitely or for such period as may be specified in the order. A person to whom an order made under this section relates shall be removed to the place from whence he came, or with the approval of the Minister, to a place in the country to which he belongs, or to any place to which he consents to be removed if the Government of that place consents to receive him/her.

5.13.3 Readmission back into the country

At the time of reporting, the Ministry of Home Affairs had provided no information on this aspect.

6.1.1 Protection against non-discrimination

Section 14(1) and section 20 of the Constitution of Swaziland make clear and detailed provision of the principles of equality and non-discrimination.

Other than the constitutional guarantees set out above, there are no statutes specifically dealing with racial discrimination, xenophobia and related intolerance.

On refugees, section 13(2) of the Refugee Act, 2017 provides that:

A refugee shall be entitled to the rights and subject to the responsibilities and duties defined in articles 2 to 34 of the 1951 Convention, and those defined in the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa .

6.2.1 Access to refugee travel documents or passports

Upon the granting of refugee status, the refugee may apply for an identification card for non-Swazis at the Ministry of Home Affairs, as well as a Convention Travel Document (CTD) whose validity may not exceed the 2-year term of the refugee status permit. The fees have not been published by the Ministry.

6.2.2 Limitations on the right to movement

The Constitution of Swaziland guarantees the freedom of movement in section 26, subject to certain limitations set out in that section (including grounds of lawful detention, interests of defence, public safety or public order; and restrictions on the freedom of entry or movement of any person who is not a citizen of Eswatini (see section 26 (3)(a)-(g)).

6.2.3 Recognition of family unity under national law and regulations

In the spirit of integration into Swazi society, refugees are encouraged to establish their livelihoods around the country. Refugees in Eswatini have historically been provided with residence at the Malindza facility, which is for an initial limited period of three months.

Section 27(3) of the Constitution provides for the protection of the family by the state. The Refugees Act, 2017 defines a “member of the refugee’s family”, in relation to a refugee, means a spouse, minor child or any other person who is dependent on the refugee. The Act goes on to further provide in section 10 that:

10. 1. Where a person recognized as a refugee is the head of a family, that person’s dependents shall be granted refugee status in accordance with the principles of family unity. (2) Where, subsequent to the recognition of the head of a family as a refugee, there is a change in the family status or ties resulting from marriage, divorce, legal separation, or death of the head of the family or attainment of the age of majority by a dependent, the members of that family shall continue to be recognised as refugees under this Act. (3) Where a person is recognized as a refugee, the Commissioner shall, in accordance with the principle of family unity, facilitate entry into the country for members of the family of that refugee.

6.2.5 Birth registration and documentation of children of refugees

The Births, Marriages and Deaths Registration Act, 1983 provides for this.

The constitution of Swaziland provides for the acquisition of citizenship by birth in section 43.

The Ministry of Home Affairs through its Civil Registry Department has implemented a national policy of registering all children born in Eswatini regardless of their status. A Mop-Up exercise that started in 2020 and is still ongoing aims at reaching out to all persons and registering all previously unregistered births.

The Civil Registration and Vital Statistics Bill of 2022 has been approved by cabinet and presented at Parliament. It aims at considerably improving the birth registration legal framework.

These statistics are not available because the numbers are in the possession of RSDOs whose contractual status was unclear at the time of reporting. The statistics are yet to be collated in 2023.

6.2.7 Freedom of religion

The Constitution of Swaziland guarantees the Protection of freedom of conscience or religion. Section 23 (1) A person has a right to freedom of thought, conscience or religion. (2) Except with the free consent of that person, a person shall not be hindered in the enjoyment of the freedom of conscience, and for the purposes of this section freedom of conscience includes freedom of thought and of religion, freedom to change religion or belief, and freedom of worship either alone or in community with others. (3) A religious community is entitled to establish and maintain places of education and to manage any place of education which that community wholly maintains, and that community may not be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which that community wholly maintains or in the course of any education which that community otherwise provides.

6.2.8 Rights of the Refugee Child

As a matter of policy, all children in Eswatini have a right to access public elementary education. However this comes at a cost. School fees are payable. Only primary school education in public schools is free.

The Constitution of Swaziland as well as the Children Protection and Welfare Act, 2012 use the term ‘child’ to encompass all children in Eswatini regardless of status. Strictly construed, refugee children are not excluded from any rights of the child. Hence they are invariably included in the national child protection system.

6.2.10 Refugees rights to secondary and tertiary education

As a matter of policy, all children in Eswatini have a right to access secondary and tertiary education. However this comes at a cost. Currently free education is available only in public primary schools.

6.2.11 Refugee right to state social assistance

In Eswatini social assistance is not a right. It is a matter covered by the Directive Principles of State Policy in chapter V of the Constitution. The directive principles are not enforceable in any court (section 53(3)). Social assistance therefore is available to Eswatini as a matter of public policy and is always dependent on the availability of funds. Refugees are not excluded from the basic social assistance benefits availed by the government.

With the financial assistance of the UNHCR, the government provides refugees with core relief items, potable water, shelter, protection and counselling support as well as community-based protection including psychosocial support. Refugees were included for example in the covid-19 vaccination drive; they also benefited from the WaterAid Project in April 2022 which was consistent with the UNHCR’s initiative to integrate Refugee communities with host communities so as to foster local integration and sustainable coexistence between Refugees and local communities.

6.2.12 Access to legal assistance

Access to the courts of Eswatini is open to all persons. The right to administrative justice is guaranteed in section 33 of the Constitution, which provides that:

33. 1. A person appearing before any administrative authority has a right to be heard and to be treated justly and fairly in accordance with the requirements imposed by law including the requirements of fundamental justice or fairness and has a right to apply to a court of law in respect of any decision taken against that person with which that person is aggrieved. (2) A person appearing before any administrative authority has a right to be given reasons in writing for the decision of that authority.

Furthermore, in the context of human rights violations, section 35 of the constitution provides that:

35. 1. Where a person alleges that any of the foregoing provisions of this Chapter has been, is being, or is likely to be, contravened in relation to that person or a group of which that person is a member (or, in the case of a person who is detained, where any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.

6.2.13 Refugee rights to property

Eswatini is a member of the ARIPO, and is party to the following conventions and agreements in the field of Intellectual Property, These are:

1. Paris Convention for the Protection of Industrial Property.

2. Berne Convention for the Protection of Literary and Artistic Works.

3. Patents Cooperation Treaty.

4. Banjul Protocol for the Registration of Marks.

5. Harare Protocol on Patents and Industrial Designs.

6. Madrid Agreement for the International Registration of Marks.

7. Agreement of Trade Related Aspects of Intellectual Property Rights.

National laws such as the Copy Right Act of 1912 and the Trademarks Act of 1981 provide for access to these rights.

The Constitution of Swaziland provides for certain protections on property rights. Section 14(1)(c) and section 19 provide for protection from deprivation of property without compensation.

In terms of Swazi law and custom, land tenure in swazi nation land may be acquired through kuKhonta under a chiefdom having paid allegiance to the chief. See section 5 of the Citizenship Act, 1992.

Title deed land may also be acquired through purchase and registration in terms of the Deeds Registry Act, 1968 as amended.

6.2.14 Refugee rights to work and conduct business

Section 32 of the Constitution of Swaziland provides that:

A person has the right to practise a profession and to carry on any lawful occupation, trade or business".

6.2.16 Refugee rights to financial institutions

The Consumer Credit Act 2016 contains general provisions on rights and protections of consumers of credit, which secures certain aspects of financial inclusion.

The state also has in place a Financial Inclusion Strategy which is being implemented.

6.2.17 Labour rights and social security for refugees

The provisions of the Employment Act, 1980 and the Industrial Relations Act, 2000 adopt the language or ‘employee’ or ‘worker’ and do not especially classify certain workers or employees in terms of their refugee status. This means that where a person with refugee status is employed, they are covered by this legislation as well as the constitutional rights of workers in chapter 3 of the Constitution.

Social security is not a right. It is a matter covered by the Directive Principles of State Policy in chapter v of the Constitution. The directive principles are not enforceable in any court (section 53(3)). Social assistance therefore is available to emaswati as a matter of public policy.

6.2.18 Social assistance for refugees with disabilities

Persons with disabilities, including refugees, are always included in government’s policy programmes which seek to ensure equitable access to services. The Persons with Disability Act of 2018 creates obligations on the state to ensure disability mainstreaming. Mainstreaming disability was applied first to the 2021 Education Sector Analysis. Other areas are still developing.

6.2.19 Duties of a refugee towards host state

These are expressed in section 13 of the Refugee Act 2017 as follows:

13. 1. A person who is recognised as a refugee in Swaziland, shall be subject to the laws in force in Swaziland.

(2) A refugee shall be entitled to the rights and subject to the responsibilities and duties defined in articles 2 to 34 of the 1951 Convention, and those defined in the 1969 OAU Convention.

(3) A refugee shall endeavour to learn the language and customs of Swaziland in order to be fully integrated into the Swazi society.

According to section 13 of the Refugee Act (1) A person who is recognised as a refugee in Eswatini, shall be subject to the laws in force in Eswatini. This means that refugees also benefit from the Eswatini constitutional bill of rights. Section 13 (2) states that A refugee shall be entitled to the rights and subject to the responsibilities and duties defined in articles 2 to 34 of the 1951 Convention, and those defined in the 1969 OAU Convention. This means that Eswatini has domesticated the international catalogue of rights and obligations of refugees. These are part of Swazi law. Section 13 (3) places an obligation on refugees to endeavor to learn the language and customs of Eswatini in order for them to be fully integrated into the Swazi society.

7.1.1 Administrative and procedural standards for voluntary repatriation

The Refugee Protection Act, 2017 is silent on voluntary repatriation. According to the RSD SOPs, an asylum-seeker has the right to withdraw his/her asylum application. In this event, the RSDO should counsel the asylum-seeker on the consequences of withdrawal. A summary of the asylum-seeker’s reasons for withdrawal and the counselling provided should be recorded in an NFF and filed in the physical file before the file is given to the CoR to assess the closure as “Application withdrawn”. If the withdrawal is being done for the purpose of voluntary repatriation, World Vision Eswatini and UNHCR will conduct the relevant counselling.

Starting from January 2022, World Vision Eswatini (WVE) is part of a tripartite agreement, in its role as social assistance implementing partner – implementing the refugee protection programme in Eswatini. World Vision Eswatini currently supports cases of Voluntary Repatriation together with UNHCR.

Voluntary repatriation can be done at any stage throughout the RSD examination process.

Yes. The implementing partners (World Vision Eswatini and UNHCR) abide by the international standard. Due to the paucity of such cases, there is no published information on the procedures of Eswatini. In 2022 there were no cases of voluntary repatriation.

7.1.2 Voluntary repatriation in terms of especially vulnerable peoples

The implementing partners (World Vision Eswatini and UNHCR) abide by the international standards. Due to the paucity of such cases, there is no local regulatory framework or published information on the procedures of Eswatini. In 2022 there were no cases of voluntary repatriation.

7.1.3 Voluntary repatriation in terms of unaccompanied or separated children

The implementing partners (World Vision Eswatini and UNHCR) abide by the international standards. Due to the paucity of such cases, there is no local regulatory framework or published information on the procedures of Eswatini. In 2022 there were no cases of voluntary repatriation.

7.1.4 Access to country of origin information for refugees undergoing voluntary repatriation

The implementing partners (World Vision Eswatini and UNHCR) abide by the international standards. Due to the paucity of such cases, there is no local regulatory framework or published information on the procedures of Eswatini. In 2022 there were no cases of voluntary repatriation.

7.2.1 Progression towards self-reliance for refugees

Upon reception at Malindza, refugees are encouraged to integrate through the following ways:

• refugees are taught basic English communication skills, they also learn siswati through conversation
• refugee children are enrolled in schools in order to integrate
• Malindza has health services for the refugees, a primary care clinic that services the local community as well
• Counselling services are provided
• The opportunity to have gainful employment is availed through basic training on artisan skills and business skills amongst other things.

7.2.2 Opportunities for naturalization under legislation

A refugee who has been resident in Eswatini for a period of at least ten years may apply for Swazi citizenship by registration as contemplated in section 45 of the Constitution. This is also enabled by section 20(2) of the Refugee Act, 2017.

The conditions in section 45 of the Constitution are as follows:

The applicant must satisfy the Citizenship Board that he/she:

1. has been ordinarily and lawfully resident in Swaziland,

   1. for a continuous period of at least twelve months immediately preceding the date of application for registration; and

   2. for periods amounting in the aggregate to not less than five years during the seven years preceding the date of application for registration.

2. is of good character;

3. has an adequate knowledge of siSwati or English;

4. intends, in the event of citizenship being granted, to reside in Swaziland;

5. has adequate means for support whilst in Swaziland; and

6. has contributed and shall contribute to the development of the country.

7.2.3 Opportunities for permanent residency under legislation

Once granted refugee status refugees have almost the same rights as other nationals of Eswatini. They may be able to work and make a living to sustain them, hence they can acquire property and establish their own permanent residence there. Permanent residence may also be obtained through the acquisition of citizenship which is open to all persons including refugees who have been resident in Eswatini and meet the prerequisites stipulated in section 45 of the constitution.

7.2.4 Availability to access active migration or skilled entry schemes

Requirements for registration of births: Current birth registration takes place within a period of 60 days (2 months); and these are requirements for births that happened within the country (Eswatini).

A. Requirements for a child born in wedlock

• Proof of birth (birth notification/ sifakazelo sekutalwa)
• National Identity card of informant
• Marriage certificate
• Either parent can apply for birth registration or a close relative
• The informant should write an affidavit (with a linking document with the parent i.e. Birth certificate)

B. Requirements for child born out of wedlock

Registration is done by the mother. If the mother is late, her family member/s (close relatives can represent her, they must write an affidavit requesting for the registration and then produce proof of death and a linking document between the deceased and the informant.

• Proof of birth (birth notification/ sifakazelo sekutalwa)
• The informant must write an affidavit (with a linking document with the parent i.e. Birth certificate)
• Father should accept paternity (in the presence at the request of the mother) he must acknowledge paternity through an affidavit. If the father is late he cannot be represented.
• Father’s Identity Card
• Identity Card of the informant.

7.2.5 Recognition of academic, professional, and vocational diplomas and certificates acquired by refugees in their country of origin

The Eswatini Higher Education Council is mandated to verify foreign qualifications, and provides the service to all persons who have required it, including refugees.

7.2.6 Inclusion of refugees in national development plans

There is an inclusion of refugees in certain national development plans for Eswatini. The best example of this is seen in The National Development Plan 2019-2022.

7.2.7 Empowerment of refugee women

The provision of free primary education contributes to the reduction of vulnerable refugees and asylum seekers, particularly women and children. All adult refugees are afforded the opportunity to engage in subsistence farming activities, and informal markets are open to women. The women are also taught some trade skills at Malindza which are aimed at enabling them to become self-sustainable in the future. There are interventions in place such as the trade hub constructed in Manzini, which accommodates women entrepreneurs including migrants to conduct trade.