Press Statement at the Conclusion of the Promotion Mission of the African Commission on Human and Peoples’ Rights to the Kingdom of Eswatini: 14 to 20 July 2025
The African Commission on Human and Peoples’ Rights (the African Commission), an organ of the African Union (AU) was created by Article 30 of the African Charter on Human and Peoples’ Rights (the African Charter) with a mandate to promote and protect human rights in the African continent. The Kingdom of Eswatini is a State Party to the African Charter. The Kingdom of Eswatini ratified the African Charter by depositing its instruments of ratification on 9 October 1995. Further to its mandate under Article 45 of the African Charter and following authorization by the Government of the Kingdom of Eswatini, a delegation from the African Commission on Human and Peoples’ Rights (the African Commission) undertook a Promotion Mission in the Kingdom from 14 to20 July 2025.
On the invitation of His Majesty King Mswati III and Ingwenyama and his Government, the Commission sent a delegation on the Promotion Mission comprised of the following Members:
• Honorable Commissioner Rémy Ngoy Lumbu - Chairperson of the Commission; Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa; and Focal Point on Judicial Independence in Africa.
• Honorable Commissioner Dr. Litha Musyimi-Ogana - Country Rapporteur for the Human Rights Situation in the Kingdom of Eswatini; Chairperson of the Committee on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV; and also Chairperson of the Working Group on Indigenous Populations/Communities and Minorities in Africa.
• Honorable Commissioner Marie Louise Abomo - Chairperson of the Working Group on the Rights of Older Persons and Persons with Disabilities in Africa; and also Chairperson of the Working Group on Communications.
• The Commission was assisted by staff of the Secretariat of the African Commission.
The objectives of the mission were, amongst others:
• To promote the African Charter on Human and Peoples’ Rights, its Protocols, and other relevant regional and international human rights instruments;
• To engage stakeholders on the general human rights situation in the Kingdom of Eswatini;
• To engage in dialogue with the Government on the legislative and other measures taken to give full effect to the provisions of the African Charter and other instruments ratified by the Kingdom of Eswatini, in addition to identifying challenges;
• To identify the progress made in the promotion and protection of human rights, since the last Promotion Mission undertaken in 2016 and further identify obstacles that may hinder the exercise and full enjoyment of human rights in the Kingdom; and
• To gather information and assess the human rights situation in the Kingdom, in relation to freedom of expression and access to information, economic, social and cultural rights, prevention of torture, rights of women, children, older persons, human rights defenders, persons with disabilities, and other categories of vulnerable persons living in the Kingdom of Eswatini, including people living with HIV/AIDS, those at risk, vulnerable and affected by HIV/AIDS, amongst others.
The Promotion Mission also aimed to follow up on the implementation of the Recommendations of the Commission in the Reports of its previous Promotion Mission to the Kingdom of Eswatini conducted from 7 - 11 March 2016, which followed the Promotion Mission conducted from 21 - 25 August 2006. The Promotion Mission also aimed to follow up on the implementation of the Concluding Observations and Recommendation of the Commission to the Kingdom of Eswatini following the consideration of the last Periodic Report submitted by the Kingdom in conformity with Article 62 of the African Charter, which is the Kingdom’s Combined 1st - 9th Periodic Report, which covered the years 2000 - 2020.
In the course of the Promotion Mission, the delegation met with top officials in His Majesty’s Government and representatives of various Ministries and other Government Institutions, UN agencies, civil society organisations, correctional officers, and police force officials. These engagements enabled a comprehensive assessment of the human rights situation in the Kingdom of Eswatini.
The delegation held meetings with the following Senior Government Officials/Ministries:
• The Prime Minister;
• The Senate President;
• The Chief Justice;
• The Speaker, the Deputy Speaker and the Clerk of the House of Assembly;
• The Minister of Justice and Constitutional Affairs;
• The Minister of Tinkundla Administration and Development;
• The Attorney General; The Deputy National Commissioner of Police;
• Directors in the Office of the Deputy Prime Minister;
The delegation also met representatives of the following institutions:
• The Anti-Corruption Commission;
• The Commission on Human Rights and Public Administration;
• The Directorate of Public Prosecutions;
• The UN Resident Coordinator, and Representatives of UN Agencies (WHO, UNAIDS, UNICEF, WFP, UNESCO, UNFPA, OHCHR, UNDP); and
• The Civil Society Organisations.
The delegation conducted visits to the:
- Matsapha Correctional Centre;
- Mankayane Elderly and Persons with Disability Home; and
- Mantenga Cultural Village.
Positive Observations:
The Commission commends the Kingdom of Eswatini for the strides made in the promotion and protection of human rights, which has been demonstrated through the adoption of new laws, policies and strategies to ensure full enjoyment of human rights by Emaswati, in conformity with Article 1 of the African Charter, which requires all the States Parties to the African Charter on Human and Peoples’ Rights to recognize the rights, duties and freedoms enshrined in the Charter and undertake to adopt legislative or other measures to give effect to them.
The Commission commends the Government for demonstrating political commitment to promote and protect human rights in the country particularly through its enhanced engagements and collaboration with the Commission, and other regional and international human rights bodies.
Following engagements held during the Promotion Mission, the delegation notes and commends the following positive developments in the enjoyment of human rights in the Kingdom of Eswatini:
i. The commendable establishment of National Mechanisms/Institutions, such as:
• The Commission on Human Rights and Public Administration;
• The Anti-Corruption Commission;
• The Police Service Commission; and
• The National Mechanism for Reporting and Follow-Up (NMIRF).
ii. The commendable ratification of the following regional human rights instruments:
• The African Charter on the Rights and Welfare of the Child;
• The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol);
• The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa;
• The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa; and
• The African Youth Charter.
iii. The commendable ratification of the following international human rights instruments:
• The International Covenant on Civil and Political Rights;
• The International Covenant on Economic, Social and Cultural Rights;
• The Convention on the Elimination of All Forms of Discrimination against Women;
• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT);
• The International Convention on the Elimination of All Forms of Racial Discrimination;
• The Convention on the Rights of the Child;
• The Optional Protocol to the Convention on the Rights of the Child on the Involvement of children in armed conflict;
• The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;
• The Convention on the Rights of Persons with Disabilities; and
• The Optional Protocol to the Convention on the Rights of Persons with Disabilities.
iv. The promulgation of the following legislation since the last Promotion Mission conducted in 2016:
• The Correctional Services Act of 2017;
• The Sexual Offences and Domestic Violence Act of 2018;
• The Persons with Disabilities Act of 2018; and
• The Broadcasting Act of 2023.
v. The enactment of the following National Policies, Strategies, and Action Plans:
• The National Strategy to End Gender-Based Violence in Eswatini (2023-2027);
• The Eswatini Gender Policy and Strategy on Ending Violence;
• The National Disability Plan of Action (NDPA) for 2024-2028;
• The National Plan of Action for Children in Eswatini 2023-2027;
• The Education and Training Sector Policy; and
• The National Health Sector Strategic Plan (NHSSP) for 2024-2028
The Commission commends the Government of the Kingdom of Eswatini for the following positive developments:
vi. The legislative and institutional measures in place to guarantee the independence and resourcing of the judiciary;
vii. The practice of democratic governance within the Kingdom of Eswatini through the Tikundla political system of governance including having one of the highest voter registrations on the continent;
viii. The implementation of a dual governance system which facilitates the co-existence of a traditional African governance system side to side with a Western system
ix. The free and fair elections held in the country in 2023 and were observed by international and regional bodies, including the African Union, which were found to be in compliance with international standards and with a good voter turnout;
x. The significant progress made by the Government of the Kingdom of Eswatini through the Office of the Deputy Prime Minister to promote and protect the rights of women, children, elderly and persons with disabilities;
xi. The progress made in the implementation of the recommendations of the Commission, particularly relating to the prisons and conditions of detention which has resulted in the construction of new and modern facilities to house offenders in the Matsapa Correctional Centre, which has significantly addressed issues of overcrowding, and the introduction of various rehabilitation measures for the offenders;
xii. The new facilities are clean, well-ventilated and provide spacious conditions of detention in the Matsapa Correctional Centre, which creates a conducive environment for rehabilitation, complemented by the provision of nutritious meals to convicted offenders, and their guaranteed access to health services, in addition to commendable programmes for rehabilitation, allowing convicted offenders to be trained and certified in different trades such as carpentry, welding and electrical works to ensure their reintegration into the society;
xiii. The establishment of the Prerogative of Mercies Committee which makes recommendation to His Majesty the King to pardon convicted offenders;
xiv. The establishment of the Mankayane Elderly and Persons with Disability Home, which provides care and health services to the elderly and persons with disability and the good facilities put at their disposal;
xv. The provision of elderly grant and their guaranteed access to free medical services in all public hospitals;
xvi. The establishment of a Joint Committee between the Kingdom of Eswatini and the Republic of South Africa to deal with the issue of stock theft;
xvii. The establishment of a Diaspora Unit in the Ministry of Foreign Affairs to ensure coordination and engaging of Emaswati in the diaspora to take part in the affairs of their country;
xviii. Effort being made to provide legal aid to indigent persons to enhance access to justice;
xix. Efforts being made against impunity, by ensuring accountability through prosecution of security officials (police officials) who commit crimes, including assault, torture and extra judicial killings;
xx. The domestication of the Convention on the Elimination of All Forms of Discrimination Against Women through the Sexual Offences and Domestic Violence Act;
xxi. The increased representation of women in different leadership roles within the Government;
xxii. Enhanced access to land ownership/property by women
xxiii. Commendable legislative and practical measures that have been taken by the Government to ensure citizen’s social protection, combating of gender-based violence and violence against children through the Office of the Deputy Prime Minister;
xxiv. Targeted measures to ensure inclusion and non-discrimination against persons with disabilities, including the job expos that the Office of the Deputy Prime Minister convened in partnership with relevant partners, to enhance access to employment opportunities for persons living with disabilities.
xxv. The recently appointed members of the Commission on Human Rights and Public Administration;
xxvi. The measures in place to ensure consultation and public participation in the law-making processes within the Kingdom;
xxvii. The provision of universal health coverage which ensures access to health for Emaswati without barriers, including the high budgetary allocation to health and education;
xxviii. The provision of free primary and secondary education;
xxix. The inclusion of sexual and reproductive health education in school curriculum for the prevention of teenage and early pregnancy, as well as gender-based violence;
xxx. The prioritization of the prevention of the mother to child transmission of HIV (PMTC), and demonstrated commitment to provide related services to rural areas in the fight against HIV/AIDS; and
xxxi. Through appropriate measures, the Government of the Kingdom of Eswatini has made significant progress in combating HIV, leading to the attainment of the UNAIDS 95-95-95 targets, by ensuring that 95% of people living with HIV know their status, 95% of those who know their status are on antiretroviral treatment, and 95% of those on treatment have achieved viral suppression.
Challenges and areas of concern observed:
The delegation has identified some challenges and areas of concern that may adversely impact the full realisation and enjoyment of human rights by the citizens, and in this regard wishes to highlight the following concerns:
i. The non-ratification of regional human rights instruments, such as:
• The Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights;
• The African Charter on Democracy, Elections and Governance;
• The African Union Convention on Preventing and Combating Corruption;
• The African Union Protocol to the African Charter on the Rights of Citizens to Social Protection and Social Security;
• Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons; and
• Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa;
Other concerns include:
ii. Lack of adequate cooperation and collaboration between the Government and Civil Society Organisations in enhancing the promotion and protection of human rights in the country;
iii. Absence of a comprehensive legal framework for the protection of the rights of human rights defenders in conformity with the UN Declaration on Human Rights Defenders of 1998 and the African Commission’s Resolutions on Human Rights Defenders including ACHPR/Resolution 69/2004, ACHPR/Resolution 119/2007, and ACHPR/Res.196/2011;
iv. Inadequate participation of CSO’s in the drafting process of the State’s Periodic Reporting to Regional and International Mechanisms;
v. Concerns relating to the impact of some aspects of the Sedition and Subversive Activities Act, the Suppression of Terrorism Act, and the Public Order Act, on the enjoyment of the right to freedom of expression, assembly and association;
vi. The regrettable loss of lives in 2021 protests, which resulted in the killings of civilians, police officials and traditional leaders;
vii. An increase in the crime rate in the country, particularly relating to domestic violence and stock theft;
viii. The absence of Legal Aid Legislation to promote access to justice for all Emaswati;
ix. Inadequate representation of persons with disabilities in the Government and its institutions;
x. Complaints about the shrinking civic space which may be exacerbated by the Non-Profit Organizations Bill of 2024 if passed into law;
xi. The high number of people in pre-trial detention, and the slow delivery of justice in the country, including delays in the finalization of civil and criminal cases;
xii. Violence and gangsterism in schools;
xiii. The inadequate resources allocated to His Majesty’s Correctional Services to ensure effective administration of Correctional Facilities;
xiv. Understaffing in several Government institutions and agencies;
xv. The high-income inequality in the country reflected at 0.55 in the Gini Coefficient ranking which is among the highest in the region;
xvi. High levels of Child poverty currently estimated at 46%; and
xvii. Increasing levels of violence targeted to children including femicide and looming threat to trafficking in children.
xviii. One Periodic Report of the Kingdom of Eswatini under Article 62 of the African Charter which is due for submission;
Recommendations:
Considering the above observations and concerns, the African Commission makes the following recommendations to the Government and relevant stakeholders:
i. Ratify all the afore-mentioned pending regional and international human rights instruments not yet ratified by the Kingdom of Eswatini;
ii. Strengthen protections against gender-based violence, including through the enforcement/implementation of the Sexual Offences and Domestic Violence Act;
iii. Continue promoting the political, economic, and social empowerment of women, ;
iv. Enhance the protection of children from abuse, exploitation, and early marriage, and strengthen the implementation of the Children’s Protection and Welfare Act;
v. Ensure access to quality education, healthcare, and child welfare services for all children, including orphans and vulnerable children;
vi. The Government and CSO’s should continue with enhance collaboration in the interest of the Kingdom to ensure meaningful dialogue without compromising peace and stability within the Kingdom of Eswatini and ensure that grievances and concerns are addressed peacefully through existing measures in the best interest of the nation.
vii. The Government and CSO’s should collaborate in enhancing the promotion and protection of human rights in the country.
viii. ensure consultations in the process of the enactment of the Non-Profit Organizations Bill of 2024;
ix. The Government should continue with measures in place to enhance national dialogue on matters affecting the nation, involving all stakeholders such as traditional leaders, youth, and women’s groups;
x. The Government should Enhance existing measures to prevent excessive use of force by the Police Force, in conformity with the UN Basic Principles on the Use of Force and Firearms;
xi. Continue to build on the existing commitment to fully collaborate with the United Nations (UN) and the African Union human rights mechanisms, including visits by Special Mandate Holders;
xii. The Government must continue with its ongoing effort to align domestic law and practice with regional and international human rights treaties, norms and standards;
xiii. Finalize the process towards the adoption of the Legal Aid Bill and expand legal aid and access to justice, particularly for rural and marginalized communities;
xiv. The government should document the dual government system used in the Kingdom including codification of traditional legal and conflict resolution system;
xv. Develop a National Human Rights Action Plan in consultation with civil society and development partners;
xvi. Finalize the process to enact a legislation for the protection of the elderly and persons with disability;
xvii. Increase budget for the training of judicial officers/judges;
xviii. Ensure preference of alternative forms of sentences/community service in appropriate cases to ensure decongestion of Correctional Centers.
xix. Provide human rights education and sensitization to ensure that the Emaswati are well empowered with human rights knowledge;
xx. Integrate human rights education in the training of law enforcement officials.
xxi. Finalize the enactment of the Human Rights and Public Administration Bill and the Leadership Code of Conduct, to ensure full independence of the Commission on Human Rights and Public Administration;
xxii. Ensure compliance of the Commission on Human Rights and Public Administration with the Paris Principles Relating to the Status of National Human Rights Institutions to attain an A status, and ensure its accreditation before the African Commission, by applying for Affiliate Status;
xxiii. Formulate targeted measures to address child poverty and violence against children;
xxiv. Continue with appropriate measures to prevent new HIV/AIDS infections.
xxv. Strengthen school health and feeding programmes;
xxvi. Ensure capacity-building and adequate resources in the fight against corruption and ensure effective prosecution of corruption cases to combat impunity; and
xxvii. The Commission also recommends that all other stakeholders, including the international organization, the national institutions and the civil society organizations should continue their efforts to promote and protect human rights in the country.
In Conclusion
The Delegation wishes to express its immense gratitude to His Majesty King Mswati III and Ingwenyama, and the Government of the Kingdom of Eswatini and Emaswati for their very warm reception and hospitality, and frank and constructive dialogues held during the Promotion Mission.
The delegation is truly grateful for the facilities and services placed at its disposal during the Mission and singles out for special gratitude to the His Excellency Almon Mahlaba Mamba, Ambassador of The Kingdom of Eswatini to Ethiopia, Permanent Representative to the African Union & Economic Commission for Africa (ECA), and his staff in the Embassy. The same gratitude is also extended to the Ministry of Foreign Affairs for the arrangements put in place, which enabled the delegation to meet a cross-section of society, to have a fair and objective view of the human rights situation in the country.
The Commission also extends its profound appreciation to the dedicated staff of the Ministry of Justice and Constitutional Affairs, and the National Mechanism for Implementation, Reporting, and Follow-up (NMIRF) for the facilitation and support provided to ensure that this Promotion Mission is a success.
In the same vein, the Delegation expresses its gratitude to the United Nations Agencies, Civil Society Organisations, Government Institutions, Correctional Services and police authorities for sharing their insights on the human rights situation in the country.
The delegation will prepare a Report of the Mission, which will be tabled before the Commission for consideration and adoption at one of its upcoming sessions, followed by onward transmission to the Government of the Kingdom of Eswatini.
The mission ended with a press conference hosted by the Delegation.
Done in Mbabane, Kingdom of Eswatini, 19 July 2025
