# Eswatini - United States Department of State

- Eswatini HomeReportsBureau of Democracy, Human Rights, and Labor2023 Country Reports on Human Rights Practices&#8230;Eswatini				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Country Reports on Human Rights Practices: Eswatini																																					Bureau of Democracy, Human Rights, and Labor																																																																																							Download Report																																																							Translations																																																																 In this section										/																							EXECUTIVE SUMMARY																																													EXECUTIVE SUMMARY																															Section 1. Respect for the Integrity of the Person																																																									a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings																																																																											b. Disappearance																																																																											c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses																																																																			Prison and Detention Center Conditions																																																																																																																		d. Arbitrary Arrest or Detention																																																																			Arrest Procedures and Treatment of Detainees																																																																																																																		e. Denial of Fair Public Trial																																																																			Trial Procedures																																																								Political Prisoners and Detainees																																																																																																																		f. Transnational Repression																																																																											g. Property Seizure and Restitution																																																																											h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence																																																																																	Section 2. Respect for Civil Liberties																																																									a. Freedom of Expression, Including for Members of the Press and Other Media																																																																			Internet Freedom																																																																																																																		b. Freedoms of Peaceful Assembly and Association																																																																			Freedom of Peaceful Assembly																																																																																																																		c. Freedom of Religion																																																																											d. Freedom of Movement and the Right to Leave the Country																																																																											e. Protection of Refugees																																																																											f. Status and Treatment of Internally Displaced Persons (IDPs)																																																																											g. Stateless Persons																																																																																	Section 3. Freedom to Participate in the Political Process																																																									Elections and Political Participation																																																																																	Section 4. Corruption in Government																															Section 5. Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights																															Section 6. Discrimination and Societal Abuses																																																									Women																																																																											Systemic Racial or Ethnic Violence and Discrimination																																																																											Children																																																																											Antisemitism																																																																											Trafficking in Persons																																																																											Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics																																																																											Persons with Disabilities																																																																											Other Societal Violence or Discrimination																																																																																	Section 7. Worker Rights																																																									a. Freedom of Association and the Right to Collective Bargaining																																																																											b. Prohibition of Forced or Compulsory Labor																																																																											c. Prohibition of Child Labor and Minimum Age for Employment																																																																											d. Discrimination (see section 6)																																																																											e. Acceptable Conditions of Work																																																																																																							EXECUTIVE SUMMARY				There were notable changes in the human rights situation in Eswatini during the year.  The killing in January of Thulani Maseko, a leading human rights activist by unknown gunmen, heightened fears among other activists that the government had embarked on a campaign to silence dissent.  Several activists subsequently fled the country.Significant human rights issues included credible reports of:  arbitrary or unlawful killings, including extrajudicial killings; torture and cruel, inhuman, or degrading treatment or punishment by the government; serious problems with the independence of the judiciary; political prisoners or detainees; transnational repression against individuals in another country; arbitrary or unlawful interference with privacy; serious restrictions on freedom of expression and media freedom, including censorship; substantial interference with the freedom of peaceful assembly and freedom of association; serious and unreasonable restrictions on political participation; serious government restrictions on or harassment of domestic and international human rights organizations; extensive gender-based violence, including domestic or intimate partner violence, sexual violence, workplace violence, and child, early, and forced marriage; trafficking in persons; significant restrictions on workers’ freedom of association, including threats against labor activists; and the existence of the worst forms of child labor.The government did not take credible steps to identify and punish officials who may have committed human rights abuses.  Unidentified opposition elements claimed credit for inspiring and conducting violent crimes throughout the country including targeted killings of security personnel and traditional leaders.  The government referred to members of these groups as “terrorists” and investigated their activities.  The government made five arrests with prosecutions pending at year’s end.																														Section 1.													 Respect for the Integrity of the Person												    																																																a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings										There were reports the government or its agents committed arbitrary or unlawful killings, including extrajudicial killings during the year.  South African-based media reported the government hired “mercenaries” to hunt down and kill activists.  The government denied these reports but acknowledged it hired security experts and trainers from outside the country as consultants.On January 21, leading human rights, labor, and proreform advocate Thulani Maseko was shot and killed at home in front of his wife and two children.  The investigation remained ongoing, and no arrests were made as of year’s end.  Following his killing, numerous domestic and international human rights organizations reported an exodus of proreform activists from the country due to fear for and alleged threats to their safety.On March 3, the Umbutfo Eswatini Defense Force shot laborer Isiah Amen Mavimbela while he was attempting to enter South Africa at an informal border crossing.  Mavimbela later died of his wounds while undergoing treatment.  No reason for the shooting was reported.Throughout the year, opposition groups used widespread threats and intimidation of progovernment elements and claimed responsibility for the 2022 killings of police officers, prison guards, and a traditional leader.  They also threatened violence against anyone who testified on behalf of the government in judicial proceedings.																																				b. Disappearance										There were no reports of disappearances by or on behalf of government authorities.																																				c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses										The law prohibited such practices and there were credible reports that government official employed them.The law prohibited security forces from inflicting, instigating, or tolerating torture and other forms of cruel, inhuman, or degrading treatment or punishment.  The law also established a disciplinary offense for officers who used violence or unnecessary force, or who intimidated prisoners or others with whom they had contact in the execution of their duties.  There were numerous credible reports security forces employed such practices.On June 12, defense attorneys asserted police tortured Thabo Kunene, a suspect allegedly involved in the killing of security forces in 2021 and 2022, during an interrogation.On September 29, defense attorneys recorded to the Attorney General that incarcerated Member of Parliament Mduduzi Bacede Mabuza was assaulted by prison wardens and new recruits, stripped naked, humiliated in front of wardresses, kicked in the face, beaten, gouged in the eye, and stabbed with blunt objects.There were media reports of cruel, inhuman, and degrading treatment by community police and local police elements working under the direction and authority of local chiefs.Impunity was entrenched in the security forces with still no investigation through year’s end of police violence against citizens in 2021.  The forces in which impunity existed included elements of the Royal Eswatini Police Services (REPS)																Prison and Detention Center Conditions						Prison conditions varied depending on location.  Primary problems included overcrowding, decaying of some facilities, poor ventilation, and substantial deficiencies in dietary nutrition, health services equipment and supplies, as well as prisoner-on-prisoner violence.Abusive Physical Conditions:  Facilities were of mixed quality.  Some were old and dilapidated while others, such as the women’s prison and a dormitory opened in 2022 at a medium security prison in Matsapha, were well maintained.  Prisoner-on-prisoner violence remained a concern due to gang activity among inmates.  The government reported youth-related gang activity at the juvenile rehabilitation center increased.  Prison mental health facilities lacked basic rehabilitation and recreational services.Administration:  Authorities investigated allegations of mistreatment and held prison officials accountable through appropriate disciplinary measures, primarily suspensions without pay.  The HMCS met with the Commission on Human Rights and Public Accountability (CHRPA) as needed to review prison conditions, individual cases, and prisoner needs such as legal counsel.Independent Monitoring:  The government permitted monitoring of prison conditions by independent nongovernmental organization (NGO) observers with some limitations.																										d. Arbitrary Arrest or Detention										The constitution and law prohibited arbitrary arrest and detention and provided for the right of any person to challenge the lawfulness of their arrest or detention in court.  The government generally observed these requirements.																Arrest Procedures and Treatment of Detainees						The law required warrants for arrests, except when police observed a crime being committed, believed a person was about to commit a crime, or concluded evidence would be lost if arrest was delayed.  The law required authorities to charge detainees with an offense within a reasonable time, usually within 48 hours of arrest or, in remote areas, as soon as a judicial officer was available to assume responsibility.  Authorities sometimes failed to charge detainees within this period, sometimes taking up to a week.  There was a bail system and suspects could request bail at their first appearance in court, except in serious cases such as those involving murder or rape charges.  In general, detainees could consult with lawyers of their choice, to whom they were generally allowed prompt access.  Lawyers could be provided to indigent defendants at public expense in capital cases or if conviction of a crime was punishable by life imprisonment.Pretrial Detention:  CHRPA stated lengthy pretrial detention was common, with most pretrial detainees incarcerated due to shortages of judges, prosecutors and courtrooms, a weak case management system, and a lack of access to pro bono legal representation.																										e. Denial of Fair Public Trial										The constitution and law provided for an independent judiciary and the government in many cases respected judicial independence and impartiality.  Civil society alleged the government institutionally failed to respect judicial independence in politically high-profile cases.  The king appointed Supreme Court and High Court justices.  According to the constitution, these appointments were to be made with the advice of the Judicial Service Commission, which was chaired by the chief justice and consisted of other royal appointees, but civil society groups alleged the king made judicial appointments without consultations.  Judicial powers were based on a dual legal system:  Roman-Dutch law and a system of traditional courts which followed traditional law and custom.  Neither the Supreme Court nor the High Court, which interpreted the constitution, had jurisdiction in matters concerning the Offices of the King or Queen Mother, the regency, chieftaincies, the Swati National Council (the king’s advisory body), or the traditional regiments system based on clan loyalties.  Unwritten traditional law and custom governed all these institutions.																Trial Procedures						The constitution provided for the right to a fair and public trial, and the judiciary generally enforced this right.  Trials were held without undue delay.  Although the judiciary generally enforced most rights to a fair public trial, prolonged delays during trials in magistrate courts and the High Court were common.Traditional courts were empowered to administer customary law only “insofar as it is not repugnant to natural justice or morality,” or inconsistent with the provisions of any civil law in force, but some traditional laws and practices violated civil laws, particularly those involving women’s and children’s rights.  For instance, customary law permits chiefs to evict women from their land, denying equal treatment guaranteed under the constitution.  Defendants in traditional courts were not permitted formal legal counsel but could speak on their own behalf, call witnesses, or be assisted by informal advisors.In a decision adopted unanimously by the International Parliamentary Union on March 15, the legal proceedings observed by an independent judge identified abuses of human rights and called into question the competence and independence of the court, including arbitrary arrest and detention, inhuman conditions of detention, lack of fair trial procedures, excessive delays, abuses of freedoms of expression, assembly, and association, failure to respect parliamentary immunity, and other acts obstructing the exercise of the parliamentary mandate.						Political Prisoners and Detainees						There was one report of political detainees, noted in the case of the two incarcerated MPs.  On June 1, the High Court found two proreform members of parliament, Mduduzi Bacede Mabuza and Mthandeni Dube, guilty on charges of terrorism and murder.  Local and international groups claimed the verdict was a predetermined outcome and a denial of a fair trial by the courts.Media and political activists reported incarcerated opposition members of parliament Mduduzi Bacede Mabuza and Mthandeni Dube were beaten and abused while in government custody on charges of terrorism and murder stemming from their alleged roles in 2021 civil unrest.																										f. Transnational Repression										Media reported government engaged in transnational repression on the pretext of defending the Swazi people against a campaign of terrorism outside of its borders, including against members of diaspora populations, political opponents, civil society activists, human rights defenders, and journalists operating in South Africa.Extraterritorial Killing, Kidnapping, Forced Returns, or Other Violence or Threats of Violence:  The government was alleged to have killed or kidnapped persons or used violence or threats of violence against individuals in other countries, for politically motivated reprisal.  These allegations were made by political parties, the mass democratic movement including proreform groups, civil society organizations, church groups, and media.  On June 12, prodemocracy and proreform political parties filed a formal complaint with the South African High Commission over REPS’ alleged May 31 kidnapping and illegal extradition of the self-declared “commander” of the Swaziland International Solidarity Forces, Thabo Kunene, and his accomplice Sibusiso Nkomonye.Threats, Harassment, Surveillance, and Coercion:  Opposition groups such as the Southern Defenders, political parties, and the Multi-Stakeholder Forum reported politically motivated efforts by government to use threats, harassment, and arbitrary surveillance against individuals located outside the country.  There were reports labor union activists, civil society dissidents, and journalists who lived outside the country suffered digital harassment and family members who remained in the country faced intimidation.																																				g. Property Seizure and Restitution										Forced evictions, instigated by landowners who took steps to regain land with the support of traditional authorities, threatened the right to adequate housing of hundreds of families.  Amnesty International reported marginalized groups such as widows or households headed by children or women were the most affected and the most likely to have insufficient means to challenge evictions.According to Freedom House, women faced enormous challenges to retain and exercise their rights to land as afforded by the constitution.  A deeply flawed land governance system particularly disadvantaged those under threat of imminent eviction, according to Amnesty International, as residents’ legal challenges to evictions were continually delayed by being shuffled between ministries, chiefdoms, and courts.																																				h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence										The constitution and law prohibited such actions and there were reports that the government failed to respect these prohibitions.  These actions were prohibited except “in the interest of defense, public safety, public order, public morality, public health, town and country planning, use of mineral resources, and development of land in the public benefit.”  The law required police to obtain a warrant from a magistrate before searching homes or other premises, but officers with the rank of sub-inspector or higher had authority to conduct a search without a warrant if they believed a delay might cause evidence to be lost.  There were reports of unlawful interference with privacy by the government.  On January 4, media reported police in Siteki searched the house of Siteki Bank Branch Chairperson Khetha Dlamini, without a search warrant in the company of soldiers.  There were reports police used excessive force during the search.  On March 23, the International Observatory of Lawyers reported attorney Maxwell Nkambule was threatened and reported an attempted burglary of his office which police refused to investigate.Human rights organizations reported government authorities arbitrarily, or without appropriate legal authority, accessed, collected, or used private communications or personal data; used technologies and practices including those involving internet and social media controls, sensors including unmanned aerial vehicle surveillance of homes of proreform individuals, spyware, recording devices, and noncooperative location tracking.  In addition, there were reports government authorities pursued and punished family members for offenses allegedly committed by relatives; and removed or threatened removal of children from the custody of their parents to punish dissent or for other political purposes.																																					Section 2.													 Respect for Civil Liberties												    																																																a. Freedom of Expression, Including for Members of the Press and Other Media										The constitution and law provided for freedom of expression, including for members of the press and other media, but the government restricted this right, particularly regarding press freedom to report on matters regarding the monarchy.Freedom of Expression:  Tension in civil society remained high since the 2021 unrest, and resulted in reports of citizens, businesses, and even government officials and parliamentarians not exercising their right to free speech, fearing professional retaliation by the government.Violence and Harassment:  Although journalists avoided writing about certain topics – a self-censorship enforced by the government through professional intimidation such as demotions – they were also harassed and physically threatened with violence by groups outside the government, including prodemocracy reform groups.Censorship or Content Restrictions for Members of the Press and Other Media, Including Online Media:  The law empowered the government to ban publications it deemed “prejudicial or potentially prejudicial to the interests of defense, public safety, public order, public morality, or public health.”  According to an October 2022 report by the Campaign for Free Expression and the Inhlase Center for Investigative Journalism, a widespread culture of self-censorship existed among journalists, especially regarding reporting related to the king and the royal family.  Most journalists and broadcast media avoided criticizing the palace due to fear of reprisals such as being professionally ostracized or losing paid government advertising in their outlets.  Self-censorship was rare in relation to the government or corruption, which media frequently criticized.Libel/Slander Laws:  Although the country had no formal criminal libel or slander laws and no laws forbidding criticism of the monarchy, the courts entertained defamation lawsuits through other legal provisions such as the right to privacy.  Media outlets were often taken to court for defaming powerful leaders and charged large fines if found guilty.																Internet Freedom						The government did not restrict or disrupt access to the internet or censor online content.																										b. Freedoms of Peaceful Assembly and Association										The government limited the freedom of peaceful assembly.																Freedom of Peaceful Assembly						The constitution and law provided for the freedom of peaceful assembly, but the government failed to respect that right on some occasions.  There were reports of security forces preventing previously approved public gatherings from taking place or ignoring other requests.  Police used the law to deny citizens the right to assemble, on public safety grounds, in at least two cases even after municipalities gave their approval.  On April 12, labor unions assembled to celebrate the International Day of Action to end the culture of impunity in the country on the anniversary of its independence.  Umbrella organizations, such as the Multi-Stakeholder Forum and the Political Party Assembly, a consortium of political parties in the country, organized activities to bring about a nationwide transport shutdown and border closures.  REPS and the South African Police Service prevented the Ngwenya/Oeshok border closure and transport shutdown but allowed the protest celebration to occur on the South African side of the border.In August, police refused to allow a petition delivery at the Ministry of Health led by the Swaziland Democratic Nurses Union.  Police used tear gas to disperse the peaceful crowd.																										c. Freedom of Religion										See the Department of State’s International Religious Freedom Report at  https://www.state.gov/religiousfreedomreport/.																																				d. Freedom of Movement and the Right to Leave the Country										The law provided for freedom of internal movement, foreign travel, emigration, and repatriation, but the government did not respect all these rights.In-country Movement:  The ability to move freely and safely around the country remained restricted.  The government cited targeted shootings of security service personnel by unidentified opposition elements to justify increased security operations, including police checkpoints and random searches.  Women and Law in Southern Africa, a regional NGO, reported traditional chiefs regulated movement and residence within their communities and generally denied access to groups advocating for human rights or democratic reforms.																																				e. Protection of Refugees										The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, and other persons of concern.Access to Asylum:  The law provided for the granting of asylum or refugee status, and the government had established a functioning system for providing protection to refugees.  There was, however, a significant backlog of refugee status determination cases leading to asylum applicants lacking benefits for an extended waiting period.  NGOs attributed the backlog to the replacement of caseworkers and the time needed to train replacements.Employment:  There were credible reports the government imposed restrictions on refugees’ ability to work after their status as refugees was official.  Although the government granted refugees temporary residence permits and allowed them to apply for jobs, refugees reported difficulties obtaining work permits outside of the subsistence agriculture sector.  Refugees who gained employment as French language teachers in public schools reported the government refused to renew their work permits, citing localization policies.Access to Basic Services:  Children of asylum seekers were not permitted to attend free primary and secondary school without paying fees.Durable Solutions:  Refugees who lived in the country more than five years were eligible for citizenship, but due to the chronic government processing backlog, many waited more than a decade for citizenship without success.  The government permitted refugees to integrate locally in the country, although refugees reported increasing challenges and discrimination that have continued since the beginning of the COVID-19 pandemic.																																				f. Status and Treatment of Internally Displaced Persons (IDPs)										Not applicable.																																				g. Stateless Persons										The country contributed to statelessness, including through discrimination in nationality laws or their administration, or birth registration problems.  There were reports of children unable to access services, including education, due to lack of citizenship documentation, including children of refugees born in the country.  The constitution did not provide for women to transmit citizenship to their children, except in cases of births out of wedlock.  On April 6, an application was made at the High Court to declare laws limiting the passing of citizenship from Swazi women to their children be declared unconstitutional due to their discriminatory nature.  Low levels of birth registration also contributed to increased risks of statelessness (see section 6, Children).																																					Section 3.													 Freedom to Participate in the Political Process												    																						Political rights were restricted, although citizens could choose 59 of the 69 members of the House of Assembly in procedurally credible, periodic elections held by secret ballot.Under the constitution the king selected the prime minister, the cabinet, two-thirds of the Senate, 10 of 69 members of the House of Assembly, the chief justice and other justices of the superior courts, members of commissions established by the constitution, and the heads of government offices.  On the advice of the prime minister, the king appointed the cabinet from among members of parliament.																										Elections and Political Participation										Abuses or Irregularities in Recent Elections:  National elections in August and September were conducted in accordance with the Swazi constitution and were free of significant abuses and irregularities, according to an observer mission from the Southern African Development Community.  Political party participation was not allowed, however, and international election observers avoided using the phrase “free and fair” to describe the elections.  Many civil society and political organizations insisted conditions were not conducive to elections in view of what they described as the lack of political or social dialogue since the unrest of 2021 and a prevailing climate of fear and intimidation.Political Parties and Political Participation:  The constitution provided for freedom of association but did not address how political parties could operate, and there was no legal mechanism for them to contest elections or appear on a ballot.  The constitution also required candidates for public office to compete “on their individual merit”, which courts interpreted as blocking competition based on political party affiliation.  Some individual members of political parties, however, successfully ran for parliamentary seats on their individual merits.  During the nomination phase of elections, candidates for parliamentary elections were not chosen by secret ballot but rather by a public show of hands in the presence of the local traditional chief and among community members at a special gathering held for this purpose.  Democracy advocates, including the Swaziland Human Rights Watch, contended this traditional practice was counter to democratic principles and served to intimidate would-be candidates and supporters.Participation in the traditional sphere of governance and politics took place predominantly through chiefdoms.  Chiefs were custodians of traditional law and custom, reported directly to the king, and were responsible for the day-to-day running of their chiefdoms and maintenance of law and order.  Although local custom mandated chieftaincy was hereditary, the constitution, while recognizing chieftaincy was “usually hereditary and is regulated by Swati law and custom,” also allowed the king to “appoint any person to be chief over any area.”  As a result, many chieftaincies were nonhereditary appointments, a fact which provoked land disputes, especially when chiefs died.																																					Section 4.													 Corruption in Government												    																						The law provided criminal penalties for corruption by officials, and the government generally implemented the law effectively.  There were isolated reports of government corruption, however, and Freedom House and other anticorruption watchdogs reported implicated officials often enjoyed impunity.Corruption:  The International Monetary Fund reported in May public perceptions of corruption worsened since 2022.Throughout the year, there were allegations of corruption in the Ministry of Works regarding lack of transparency in the tendering system.  In August and September, corruption in the health sector spilled into public view, when shortages of drugs and medical supplies led to negative impacts on public perception of the government’s service delivery.  The Ministry of Finance and auditor general launched investigations and forensic audits in response to the health crisis, and the cabinet established a task force to reform the public health supply chain system.  On October 14, rampant reports of corruption and bribery in the election of 10 Senators led to an open investigation.  On November 3, the king declared elimination of corruption a policy priority for the new prime minister.Although the government initiated several corruption investigations, there were no reports of prosecutions or convictions for corruption during the year.For additional information concerning corruption in the country, please see the Department of State’s Investment Climate Statement for the country, and the Department of State’s International Narcotics Control Strategy Report, which includes information on financial crimes.																											Section 5.													 Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights												    																						Domestic and international human rights groups operated under government restrictions and were unable fully to investigate and publish independent findings on human rights cases.  Government officials were rarely cooperative with or responsive to the views of these groups.During the year, the government became much more defensive regarding human rights, claiming proreform and human rights advocates had become weaponized by enemies of the state seeking overthrow of the monarchy.  In June, government introduced a bill in parliament to establish a framework for regulating NGOs, proposing to facilitate a relationship between NGOs and the government involving “constructive collaboration and partnership in furtherance of the public interest.”  Civil society watchdog organizations claimed the bill would give the government disproportionate and discretionary powers to restrict the independent work of registered NGOs, including criminal sanctions for administrative errors.  In June, the Executive Director of the Coordinating Assembly of NGOs rejected the bill, stating, “The bill in its current form threatens the autonomy of the NGOs and is contrary to the letter and spirit of the Constitution.”Retribution against Human Rights Defenders:  The Maseko killing had a chilling effect on human rights defenders (see section 1.a.).  Numerous human rights defenders have gone into hiding or left the country, according to regional human rights network reports.The United Nations or Other International Bodies:  The government refused to allow urgent human rights agenda items at the January 31 SADC Extraordinary Summit.  According to SADC evaluations of the situation, the government also refused the assistance offered by the SADC Parliamentary Forum, the SADC Observer Mission, and the SADC Technical Cooperation Division.  The African Commission on Human and People’s Rights called for the government to refrain from any form of victimization, harassment, intimidation and targeting of human rights defenders, political parties, protesters, prodemocracy leaders and campaigners through the arbitrary use of the police and security forces, earning terse rejection from government.  The SADC Troika Organ for Peace, Defense, and Security stated in December 2022 a framework for national dialogue would be announced, which never took place.  Instead, the government asserted at the SADC Troika meeting in January 31, the government was under attack by well-resourced and -coordinated elements masquerading as prodemocracy advocates and the climate was not conducive to dialogue.Government Human Rights Bodies:  The constitution empowered CHRPA, which received its funding and staffing from the Ministry of Justice, to investigate complaints of corruption, abuse of power, human rights abuses, and mismanagement of public administration.  In contrast to 2022, local observers no longer regarded CHRPA as effective or independent; it did not investigate complaints, open new investigations, make findings of fact, appear in court on behalf of aggrieved parties, or issue recommendations to judicial and governmental bodies.  A permanent replacement for the CHRPA commissioner who left office in July 2022 had not been named at year’s end.																											Section 6.													 Discrimination and Societal Abuses												    																																																Women										Rape and Domestic Violence:  The law criminalized domestic violence and rape for both men and women, including rape of a spouse or intimate partner.  The penalties for conviction of rape were up to 30 years’ imprisonment for first offenders and up to 40 years’ imprisonment for repeat offenders.  The penalty for conviction of domestic violence was a fine, up to 15 years’ imprisonment, or both, and several convicted perpetrators received lengthy sentences.  The government generally enforced the rape law effectively, although NGOs and health officials stated many rapes went unreported and gender-based violence (GBV) remained a problem.  In a survey conducted during the year by the government among women and girls ages 13 to 24, more than 8.1 percent reported they had experienced sexual violence during their lifetime.  On October 28, a deputy sheriff shot and killed his girlfriend and three other women in Goje Township.  On November 15, the Eswatini Observer reported there were 147 murders and 133 suicides directly tried to domestic violence during the year.  An Afrobarometer survey also reported a steep increase in unreported GBV due to fear of reprisal by perpetrators, losing financial support, and stigmatization.Few social workers or other intermediaries were available to work with survivors and witnesses to obtain evidence of rape and domestic violence.  There were reports survivors faced intimidation, stigmatization, and violence from authorities, relatives, and perpetrators when attempting to report rape and domestic violence to police or other authorities.  Rural women who pursued prosecution for domestic violence in traditional courts often had no relief if family intervention failed because traditional courts were generally less sympathetic to women and less likely than civil courts using Roman-Dutch-based law to convict men of spousal abuse.Other Forms of Gender-based Violence or Harassment:  Amnesty International and academic articles routinely reported sexual harassment as being widespread.The law classified witchcraft, sorcery, and the practice of voodoo as punishable offenses under the Witchcraft Act of 1889, although many such practices remained among popular customary and traditional healing rituals.  Accusations of witchcraft against women in family or community disputes led to them being physically attacked, driven from their homes, or both.  For example, on August 7, media reported community members hacked to death Elizabeth Sisana Dlamini of Bhadzeni regarding witchcraft allegations.Discrimination:  The country’s dual legal system complicated the protection of women’s rights.  Since unwritten customary law and practice governed traditional marriage and certain matters of family law, women’s rights often were unclear and changed according to where and by whom they were interpreted.Women continued to occupy a subordinate role in society.  Even women in elected positions reported facing systemic discrimination.  A member of parliament who advocated for a declaration of gender-based violence as a national disaster reported she was effectively punished in parliament for her comments.  Polygamy was practiced under traditional custom, creating unequal relationships for women, according to Amnesty International, with most decision-making power vested in the male partner and his family.  Polygamy was not permitted in civil marriages.  Couples often married in both civil and traditional ceremonies, creating problems in determining which set of rules applied to the marriage and to subsequent questions of child custody, property, and inheritance in the event of divorce or death.  The constitution provided for equal access to land, and civil law provided for women to register and administer property, execute contracts, and enter transactions in their own names.  Women, however, faced discrimination in exercising customary land tenure rights.  Women also encountered employment discrimination.Girls and women in rural areas faced discrimination by community elders and authority figures.  Although customary law considered children to belong to the father and his family if the couple divorce, custody of the children of unwed parents typically remained with the mother unless the father claimed paternity.  When a husband died, tradition required the widow to stay inside the residence of her husband’s family in observance of a strict mourning period for one month, although in some cases the mourning period lasted up to two years.  No similar mourning period applied to men.  Media reported widows and their dependents sometimes became homeless and were forced to seek public assistance after the husband’s family took control of their homestead.  Women in mourning attire were generally not allowed to mix freely in public or participate in public events and were barred from interacting with royalty or entering royal premises.Reproductive Rights:  There were no reports of coerced abortion or involuntary sterilization by government authorities.  Some individuals, particularly young women, often lacked the information and means to support their reproductive health.Although there were periodic disruptions in the supply of family planning commodities, generally there was wide access to contraception, including in health facilities, retail stores, public restrooms, and workplaces throughout the country, and most persons had access to reproductive health and contraception information.  The UN Population Division estimated 51 percent of girls and women ages 15 to 49 used a modern method of contraception during the year.  The government provided emergency contraception and postexposure HIV prophylaxis to survivors of sexual assault.According to the World Health Organization, the maternal mortality ratio was 437 deaths per 100,000 live births.  A general pattern of late presentation for first antenatal care visits resulted in late identification of high-risk pregnancies.  Lack of equipment and medications, limited training, and a shortage of specialist obstetricians further worsened maternal and neonatal health outcomes.There were reports girls, particularly in rural areas, missed school on occasion due to lack of sanitary products.  The government’s National Development Plan noted a rise in teen pregnancies, especially among poor households.  Government officials announced pregnant pupils were welcome to attend public schools, but some private religious schools did not allow pregnant girls to attend.																																				Systemic Racial or Ethnic Violence and Discrimination										Under the constitution all persons were equal before the law.  Discrimination based on gender, race, color, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion, age, or disability was prohibited.Governmental and societal discrimination sometimes occurred against ethnic minorities, primarily persons of South Asian descent, but not on a systemic basis.  These persons at times encountered difficulty obtaining official documents, including passports, and suffered from other forms of governmental and societal discrimination such as delays in receiving building permits for houses, difficulties in applying for bank loans, and being required to obtain special permits or stamps to buy a car or house.																																				Children										Birth Registration:  There was no difference in birth registration policy between boys and girls.  The law mandated compulsory registration of births, but data on compliance was unavailable.  The birth of a child born to unwed asylum seekers could only be registered by the mother, thus increasing the risk of statelessness.  Lack of birth registration could result in denial of public services, including access to education.Child Abuse:  The law provided broad protections for children against abduction, sexual contact, and several other forms of abuse.  The penalty for indecent treatment of children was up to 25 years’ imprisonment, depending upon the age of the survivor.  Although the government generally enforced the law effectively, child abuse remained a serious problem, especially in poor and rural households, as noted by UNICEF.Laws permitted corporal punishment and provided specific guidelines on the number of strokes by infraction after a medical doctor had cleared the student to receive corporal punishment.  There were multiple media and civil society reports of excessive corporal punishment in schools.Child, Early, and Forced Marriage:  The government recognized two types of marriage:  civil marriage and marriage under uncodified traditional law.  The legal age for civil marriage was 18 for both boys and girls, but girls could marry at 16 with parental consent and approval from the minister of justice.  Because uncodified traditional marriage law did not provide for a specific minimum age in marriage approval, it was open to abuse and child marriage was reported to be practiced in some communities.Sexual Exploitation of Children:  The law prohibited commercial sexual exploitation, including sex trafficking and the sale, grooming, or use of children for commercial sexual exploitation and practices related to child pornography.  Although the government generally enforced the law effectively, NGOs reported some children were victims of commercial sexual exploitation, including sex trafficking.  The law criminalized “mistreatment, neglect, abandonment, or exposure of children to abuse” and imposed a statutory minimum of five years’ imprisonment if convicted.  Although the law set the age of sexual consent at 16, it also outlawed “maintaining a sexual relationship with a child,” defined as a relationship involving more than one sexual act with a person younger than 18.																																				Antisemitism										The Jewish community was very small, and there were no known reports of antisemitic incidents.																																				Trafficking in Persons										See the Department of State’s Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report/.																																				Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics										Criminalization:  Common law was understood to criminalize sodomy, but no penalties were specified.  There were no reported arrests or prosecutions for consensual same-sex conduct.Violence and Harassment:  Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons reported high levels of violence and abuse, with a recent study finding that 60 percent of LGBTQI+ persons experienced violence in their lifetime, and 25 percent of lesbians reporting sexual violence in 2021.  No reports, however, were released during the year.Discrimination:  The law did not explicitly recognize LGBTQI+ couples and their families and did not grant them rights equal to rights of other persons.  The law did not prohibit discrimination by state or nonstate actors based on sexual orientation, gender identity or expression, or sex characteristics.  Societal discrimination against LGBTQI+ persons remained a concern, and LGBTQI+ persons often concealed their sexual orientation, gender identity or expression.  LGBTQI+ persons who were open about their status faced censure and exclusion from the chiefdom-based patronage system.  Some traditional, religious, and government officials opined regularly in a weekly newspaper editorial campaign that same-sex sexual conduct was immoral.  LGBTQI+ persons faced discrimination and were subjected to ridicule based on their sexual orientation, particularly when seeking employment and healthcare services in hospitals and clinics.Availability of Legal Gender Recognition:  Legal gender recognition was not available.Involuntary or Coercive Medical or Psychological Practices:  There were no reports of surgeries performed on minors or nonconsenting adult intersex persons.  There was an unconfirmed media report in June that members of the LGBTQI+ community were forced into heterosexual marriages.  In 2022, the organization Eswatini Sexual and Gender Minorities reported two instances of alleged “corrective” rape.Restrictions of Freedom of Expression, Association, or Peaceful Assembly:  Freedoms of peaceful assembly and of association were restricted for LGBTQI+ persons.  On September 27, the Ministry of Commerce refused the right of an LGBTQI+ NGO, Eswatini Sexual and Gender Minorities, to register as a legal entity; the Ministry declared the association was an offense “against Swazi law and custom.”  The government acted despite a June ruling by the Supreme Court that an earlier denial of registration was unconstitutional.  A celebration of Pride Month was given permission to occur in Mbabane.  Due to a political party coopting the event for unrelated political purposes, however, the celebration was canceled at the last minute.																																				Persons with Disabilities										Persons with disabilities could not access education, health services, public buildings, and transportation on an equal basis with others.  The law protected the rights of persons with physical, sensory, intellectual, and mental disabilities, including their access to education, employment, health services, information, communications, buildings, transportation, the judicial system, and other state services.  The law mandated access to buildings for persons with disabilities, but such regulations were rarely enforced and public awareness of them remained minimal.  The Office of the Deputy Prime Minister was responsible for upholding the law and for protecting the rights of persons with disabilities.  The government did not enforce these provisions effectively.There was little progress in expanding accessibility and access to public services for persons with disabilities, although some newer government buildings, and those under construction, included various improvements for persons with disabilities, including access ramps.  Public transportation was not easily accessible for persons with disabilities, and the government did not provide any alternative means of transport.  The government did not provide information and communication in accessible formats.There were only minimal services provided for persons with disabilities and no programs in place to promote their rights.  Persons with disabilities complained of government neglect and of a significantly lower rate of school attendance of children with disabilities.  Children with disabilities were placed in schools with children without disabilities but sometimes failed to receive adequate support due to a lack of teachers with training to meet their needs.  There was one private school for students with hearing disabilities and one private school for children with physical or mental disabilities.  The hospital for persons with mental disabilities, located in Manzini, was overcrowded and understaffed.By custom and cultural norms, persons with disabilities were not permitted to be in the presence of the king because they were believed to bring “bad spirits.”  Persons with disabilities were sometimes neglected by families and kept indoors, thus denying their freedom of movement.																																				Other Societal Violence or Discrimination										Although discriminatory attitudes and prejudice against persons with HIV persisted, the country’s 2019 HIV Stigma Index Report (the most recent data available) suggested declining HIV-related stigma and discrimination.  Individuals with HIV reported it was difficult or uncomfortable for them to disclose their HIV status, due to possible stigma and discrimination from family members or health-care workers.  Persons living with HIV were ineligible for armed forces recruitment; the military, however, encouraged active members to test for HIV and did not discriminate against those testing positive.  Effective treatment for persons living with HIV was widely available across the country, and public messaging was oriented towards wellness through HIV testing and treatment, rather than campaigns which might increase fear and stigma.																																					Section 7.													 Worker Rights												    																																																a. Freedom of Association and the Right to Collective Bargaining										The law provided workers, except for those designated as providing essential services or those employed in export processing zones, with the right to form and join independent unions, conduct legal strikes, and bargain collectively.  The law placed restrictions on the exercise of labor rights and did not prohibit antiunion discrimination.  The law provided for the registration of unions and federations but granted far-reaching powers to the labor commissioner in determining eligibility for registration.  The law limited union membership to workers who were current on their union dues.  Only union members could participate in union elections.The constitution and law provided for the right to organize and bargain collectively, subject to various legal restrictions.  The law gave employers discretion as to whether to recognize a labor organization as a collective employee representative if less than 50 percent of the employees were members of the organization.  If an employer agreed to recognize the organization as the workers’ representative, the law granted the employer the ability to set conditions for such recognition.  The law provided for the registration of collective agreements by the Industrial Court.  The court was empowered to refuse registration if an agreement conflicted with the law, provided terms and conditions of employment less favorable to employees than those provided by any law, discriminated against any person, or required membership or nonmembership in an organization as a condition for employment.  The Conciliation, Mediation, and Arbitration Commission (CMAC) presided over resolution of all labor disputes.Employees not engaged in “essential services” had the right to undertake peaceful protest actions to “promote or defend socioeconomic interests” of workers.  The law defined “socioeconomic interests” as including “solutions to economic and social policy questions and problems that are of direct concern to the workers but shall not include matters of a purely political nature.”  The law did not require reinstatement of workers fired for union activity but allowed workers to seek judicial redress for alleged wrongful dismissal, and courts had broad powers to award reinstatement and retroactive compensation.Although the law permitted strikes, the right to strike was strictly regulated, and the administrative requirements to register a legal strike made striking difficult.  The law required unions to provide a 21-day notice to the commissioner, indicating their intention to strike.  The commissioner was charged with organizing a strike ballot, and the law required unions to satisfy a legislatively prescribed quorum (majority) of members before a strike could move forward.  Following the strike ballot, the law imposed a two-day waiting period before the strike action could begin.  Trade unions complained the right to strike was further improperly limited by a 2017 court ruling in favor of an employer who hired replacement workers to replace striking workers.  The law further prohibited trade unions from participating in political strikes, which was punishable by deregistration.  The law gave the labor minister authority to declare a strike illegal.Strikes and lockouts were prohibited in essential services, and the minister’s power to modify the list of these essential services provided for broad prohibition of strikes in sectors including postal services, telephone, telegraph, radio, and teaching.  The procedure for announcing a protest action required advance notice of at least seven days.  The commissioner of labor had the power to “intervene” in labor disputes before they were reported to the commission if there was reason to believe a dispute could have serious consequences for the employers, workers, or the economy if not resolved promptly.The government did not enforce the law in all sectors, and labor inspectors lacked authorization to assess penalties or enforce compliance.  Penalties were not commensurate with those for similar violations.To protect employee welfare and prevent exploitation, the government had legal restrictions on labor brokers who recruited domestically for foreign contracts of employment, but these were inconsistently enforced.In June the International Trade Union Confederation and Action for Southern Africa criticized what it called brutal repression against workers by state security forces, the government’s unwarranted restrictions on labor rights, and its escalating failure to protect workers.  In one example, the government penalized the secretary general of the Swaziland Transport and Combi Association, Sticks Nkambule, for an apparently legal stay-away strike of union members.  Ahead of Nkambule’s court appearance, Vongai Chikwanda, Amnesty International’s interim deputy director for Southern Africa, said “the harassment and intimidation of Sticks Nkambule shows that Eswatini authorities are effectively criminalizing peaceful dissent.”  Labor unions reported Nkambule and other trade unionists were forced to leave the country, fearing for their lives.																																				b. Prohibition of Forced or Compulsory Labor										See the Department of State’s annual Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report/																																				c. Prohibition of Child Labor and Minimum Age for Employment										See the Department of Labor’s Findings on the Worst Forms of Child Labor at  https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings&nbsp;.																																				d. Discrimination (see section 6)																																														e. Acceptable Conditions of Work										Wage and Hour Laws:  There was no single national minimum wage.  The Ministry of Labour and Social Security set wage scales for each industry.  There was a legally mandated sliding scale of minimum wages depending on the type of work performed.  Minimum wages were above the poverty line in all sectors.There was a standard 48-hour workweek for most workers and a 72-hour workweek for security guards spread over a period of six days.  The law required all workers to have at least one day of rest per week and provided premium pay for overtime.Occupational Safety and Health:  The government set appropriate occupational safety and health (OSH) standards for industrial operations and encouraged private companies to develop accident prevention programs.  Inspectors had the authority to make unannounced visits and levy sanctions.  By law, workers could remove themselves from situations that endangered their health or safety without jeopardy to their employment.  Authorities did not effectively protect employees in this situation.Wage, Hour, and OSH Enforcement:  The government did not effectively enforce minimum wage, overtime, and OSH laws.  There were reports of unsafe working conditions in the agricultural industry, particularly at sugar companies with large milling operations.  There were also reports of safety and health violations in the informal sector in painting businesses including car spray-painting.  Penalties were commensurate with those for similar violations but were seldom applied.The Ministry of Labour and Social Security was responsible for enforcement of wage and hour laws but did not effectively enforce them.  The government did not prioritize enforcement, resulting in constraints such as a lack of motor vehicles and inability to hire additional staff.  The number of labor inspectors was insufficient to enforce the law, and while the labor commissioner’s office conducted inspections in the formal sector, it did not do so in the informal sector.  Public transportation workers complained they were required to work 12 hours a day or more without overtime compensation and were not entitled to pensions and other benefits.The government set appropriate safety standards for industrial operations and encouraged private companies to develop accident prevention programs.  Inspectors had the authority to make unannounced visits and levy sanctions.A large proportion of workers (67.5 percent) were employed in the informal economy, according to International Labor Organization research.  Some labor laws applied to the informal sector but were seldom enforced.  The law also excluded some informal workers from the national pension system.No inspections were conducted in the informal sector and violations were common.  Minimum wage guidelines did not apply to the informal sector.																																				    							View report by:																				Afghanistan											Albania											Algeria											Andorra											Angola											Antigua and Barbuda											Argentina											Armenia											Australia											Austria											Azerbaijan											Bahrain											Bangladesh											Barbados											Belarus											Belgium											Belize											Benin											Bhutan											Bolivia											Bosnia and Herzegovina											Botswana											Brazil											Brunei											Bulgaria											Burkina Faso											Burma											Burundi											Cabo Verde											Cambodia											Cameroon											Canada											Central African Republic											Chad											Chile											China (Includes Hong Kong, Macau, and Tibet)											Colombia											Comoros											Costa Rica											Côte d&#8217;Ivoire											Croatia											Cuba											Cyprus											Czech Republic											Democratic Republic of the Congo											Denmark											Djibouti											Dominica											Dominican Republic											Ecuador											Egypt											El Salvador											Equatorial Guinea											Eritrea											Estonia											Eswatini											Ethiopia											Fiji											Finland											France											Gabon											Georgia											Germany											Ghana											Greece											Grenada											Guatemala											Guinea											Guinea-Bissau											Guyana											Haiti											Honduras											Hungary											Iceland											India											Indonesia											Iran											Iraq											Ireland											Israel, West Bank and Gaza											Italy											Jamaica											Japan											Jordan											Kazakhstan											Kenya											Kiribati											Kosovo											Kuwait											Kyrgyz Republic											Laos											Latvia											Lebanon											Lesotho											Liberia											Libya											Liechtenstein											Lithuania											Luxembourg											Madagascar											Malawi											Malaysia											Maldives											Mali											Malta											Marshall Islands											Mauritania											Mauritius											Mexico											Micronesia											Moldova											Monaco											Mongolia											Montenegro											Morocco											Mozambique											Namibia											Nauru											Nepal											New Zealand											Nicaragua											Niger											Nigeria											North Korea											North Macedonia											Norway											Oman											Pakistan											Palau											Panama											Papua New Guinea											Paraguay											Peru											Philippines											Poland											Portugal											Qatar											Republic of the Congo											Romania											Russia											Rwanda											Saint Kitts and Nevis											Saint Lucia											Saint Vincent and the Grenadines											Samoa											San Marino											Sao Tome and Principe											Saudi Arabia											Senegal											Serbia											Seychelles											Sierra Leone											Singapore											Slovakia											Slovenia											Solomon Islands											Somalia											South Africa											South Korea											South Sudan											Spain											Sri Lanka											Sudan											Suriname											Sweden											Switzerland											Syria											Taiwan											Tajikistan											Tanzania											Thailand											The Gambia											The Netherlands											Timor-Leste											Togo											Tonga											The Bahamas											Trinidad and Tobago											Tunisia											Turkey (Türkiye)											Turkmenistan											Tuvalu											Uganda											Ukraine											United Arab Emirates											United Kingdom											Uruguay											Uzbekistan											Vanuatu											Venezuela											Vietnam											Yemen											Zambia											Zimbabwe															Build A Custom Report																						On This Page				search													>																										EXECUTIVE SUMMARY																Section 1. Respect for the Integrity of the Person																																							a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings																																																						b. Disappearance																																																						c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses																																																				Prison and Detention Center Conditions																																																																																				d. Arbitrary Arrest or Detention																																																				Arrest Procedures and Treatment of Detainees																																																																																				e. Denial of Fair Public Trial																																																				Trial Procedures																																												Political Prisoners and Detainees																																																																																				f. Transnational Repression																																																						g. Property Seizure and Restitution																																																						h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence																																																			Section 2. Respect for Civil Liberties																																							a. Freedom of Expression, Including for Members of the Press and Other Media																																																				Internet Freedom																																																																																				b. Freedoms of Peaceful Assembly and Association																																																				Freedom of Peaceful Assembly																																																																																				c. Freedom of Religion																																																						d. Freedom of Movement and the Right to Leave the Country																																																						e. Protection of Refugees																																																						f. Status and Treatment of Internally Displaced Persons (IDPs)																																																						g. Stateless Persons																																																			Section 3. Freedom to Participate in the Political Process																																							Elections and Political Participation																																																			Section 4. Corruption in Government																Section 5. Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights																Section 6. Discrimination and Societal Abuses																																							Women																																																						Systemic Racial or Ethnic Violence and Discrimination																																																						Children																																																						Antisemitism																																																						Trafficking in Persons																																																						Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics																																																						Persons with Disabilities																																																						Other Societal Violence or Discrimination																																																			Section 7. Worker Rights																																							a. Freedom of Association and the Right to Collective Bargaining																																																						b. Prohibition of Forced or Compulsory Labor																																																						c. Prohibition of Child Labor and Minimum Age for Employment																																																						d. Discrimination (see section 6)																																																						e. Acceptable Conditions of Work																																																									Tags																					Bureau of African Affairs																								Bureau of Democracy, Human Rights, and Labor																								Eswatini
- PEPFAR Launches Nursing Leadership Initiative Across Seven African Countries Office of the SpokespersonOn March 25, Ambassador Dr. John Nkengasong – U.S. Global AIDS Coordinator and Senior Bureau Official for Global Health Security and Diplomacy, overseeing the Department’s Bureau of Global Health Security and Diplomacy – will launch the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR) Nursing Leadership Initiative to sustain gains and accelerate progress toward ending HIV/AIDS as a public health threat by 2030. Under the initiative, PEPFAR is providing $8 million in 2024 to support nurses at the forefront of the HIV/AIDS response in Botswana, Côte d’Ivoire, Eswatini, Malawi, Nigeria, South Africa, and Zambia.In these seven partner countries, the initiative invests in activities that will:Enhance nurses’ skillsets to lead planning and delivery of HIV/AIDS services to curb disruptions in access to essential HIV services;Help nurses to identify, advocate for, and leverage innovative digital solutions to enhance quality HIV service delivery;Protect nurses by enhancing their infection prevention and control skills, providing supportive work environments, and supporting mental health needs;Invest in the development, retention, and equitable distribution of the nursing workforce, aligned with each country’s national priorities, to ensure long-term sustainability of HIV service delivery; andEnhance nurses’ communication and leadership skillsets.PEPFAR implementing partners will also support partner nursing organizations in the seven initiative countries to undertake a needs assessment to guide initiative activities.For media inquiries, please contact GHSD_publicaffairs@state.gov.
- CommLink: Linking People Living with HIV from Community-Based Settings to Care and Treatment Services in Eswatini WHAT WAS THE PROBLEM?Many HIV-infected persons do not enroll directly into HIV care and treatment following diagnosis, particularly among those diagnosed in community settings. The need to identify effective linkage-to-care and treatment strategies, especially for persons diagnosed in community-based settings is paramount towards achieving the 95-95-95 targets (that is, 95% of all people living with HIV know their status, 95% of all people with diagnoses HIV infection receive sustained antiviral therapy, and 95% of all people receiving antiretroviral therapy are virally suppressed). The need is particularly acute in countries that have a significant gap in reaching and linking men.FULL SOLUTIONWHAT IS THE SOLUTION?In Eswatini, a package of linkage-to-care interventions similar to the Bukoba Combination Prevention Evaluation (BCPE) implemented in Tanzania was implemented through CommLink, with similar results. The main difference between the two programs is that CommLink is strictly a community-based platform and integrated with a mobile unit that provides point-of-diagnosis HIV care. Tents are also used to provide HIV care services when mobile units are unavailable. Meanwhile, BCPE provides linkage case management for those diagnosed in community and clinical settings.COMMLINK’S LINKAGE CASE MANAGEMENT (LCM) SERVICES:Individualized, peer-delivered counseling from HIV-positive, ART-adherent Expert Clients (ECs) trained to provide psychosocial support and HIV informational and motivational counseling.First-visit escort or transport to an HIV care and treatment facility (same-day, whenever possible).Treatment navigation services for at least the client’s first facility-based care visit.One same-day and two follow-up face-to-face counseling sessions.Follow-up support calls and appointment reminders.Integrated index-client HTS to support disclosure, and to facilitate testing and linkage-to-care of HIV-infected sex partners, family members, and associates.KEY PROGRAM FEATURESIntegrated with point-of-diagnosis HIV care provided in mobile units or tents.4 mobile-unit teams staffed with 12 EC counselors and 4 nurses (typically, 2 ECs and 1 nurse staff an outreach event).HTS provided by 2-4 counselors per outreach event.All services are free for newly diagnosed HIV-positive individuals and HIV-positive individuals who have not received HIV care in &gt;90 days, and consent to the program.Implemented in Hhohho region (June 2015 – March 2016), Manzini region (March 2016 – present), and Lubombo region (July 2017-present).The program provides linkage services and documents client outcomes through 90 days (the maximum duration of the LCM period).WHAT WAS THE IMPACT?Out of 651 clients of closed cases through March 2017 (MMWR, 2018):Note: Closed cases include newly diagnosed clients and previously diagnosed clients, who had not been in care for &gt; 90 days, followed by CommLink for 90 days.629 (97%) received mobile clinic services.621 (95%) were escorted to or met at an HIV clinic and provided treatment navigation support ≥ 1 times.553 (85%) were contacted weekly by phone.608 (93%) completed ≥ 3 counseling sessions.635 (98%) enrolled in facility-based HIV care (half of whom enrolled within 5 days).399 were males and 236 were females.541 (83%) initiated ART (half of whom initiated within 6 days of diagnosis).346 were males and 195 were females.90 (66%) clients initiated ART in CD4 &lt;350 era (June 2015 – November 2015).234 (81%) clients initiated ART in CD4 &lt;500 era (December 2015 – September 2016).217 (96%) clients initiated ART in Test &amp; Start era (October 2016 – March 2017).HOW DOES IT WORK?IMPROVING LINKAGE TO CARECommLink targets persons newly diagnosed with HIV, and persons who know their HIV positive status who have not been in care for more than 90 days. Individuals were identified in community-based settings, and provided informed consent to be in the program.Linkage to care and treatment is diminished by economic, geographic, transportation, and distance barriers, as well as stigma and discrimination, and the emotional process of accepting one’s HIV diagnosis. All of these potential barriers are addressed in the LCM model implemented by CommLink.3 sessions dedicated to:Providing psychosocial support and informational and motivational counseling on the benefits of early enrollment in HIV care and ART.Encouraging disclosure of HIV status, and providing partner and family testing if needed.Assessing and resolving barriers to enrolling and remaining in HIV care.Supplemental sessions:Providing HTS services for partners and family members (index-client HTS).Providing additional support, counseling, barriers resolution, etc..CommLink clinical services can be provided without a mobile unit, which could be substituted for portable tents and associated equipment. Expert clients could be trained in conducting HIV testing, which could potentially cut down on the number of personnel needed to staff outreaches and conduct index-client testing.The two most essential elements of the LCM model implemented in CommLink (as reported by the study and country teams) are 1) a peer delivered linkage service and 2) brief case management services.DEVELOPING PEER NAVIGATORS AND CASE MANAGERSPrompt engagement in HIV care optimizes individual and public health outcomes. Peer navigators are individuals who assist individual patients to navigate through the continuum of care, ensuring that barriers to care and treatment are resolved and that each stage of care and treatment is as seamless as possible. It is well documented that PLHIV can be trained to effectively act as peer navigators for other patients, particularly in settings with a severe shortage of human resources for health.The benefit provided by patient navigators in relation to linkage-to-care and treatment is also well documented. Newly diagnosed HIV-positive persons have been more successfully linked to care when supported or encouraged by a peer patient navigator. Case managers have been used to strengthen patient outcomes throughout the HIV care continuum including early linkage to care and treatment, retention in care and treatment, and sustained ART adherence. Lastly, models of community-based support and ART delivery to complement facility-based ART programs can be effective strategies for enhancing psychosocial support and improving access to and outcomes across the HIV care continuum.WORKING TOGETHERThe Eswatini National AIDS Programme (SNAP) distributed a letter to all facilities in operating regions to introduce and endorse CommLink services. The letter describes case management services including escort and treatment navigation by peer EC counselors and the clinical services initiated in the mobile unit. Finally, the letter requests facility cooperation to:Designate a point-of-care for CommLink.Receive opened medical charts (started in the mobile unit).Work with CommLink nurses and ECs to ensure the continuum of HIV care.Expedite services to CommLink clients accompanied by ECs, to the extent possible.SNAP and CDC are currently planning national scale up of the model as a key component to an integrated facility and community testing and linkage strategy. In addition, given the exceptionally high linkage-to-care and treatment rates, SNAP selected the program as a platform to pilot same-day ART in community settings.BUDGETA costing analysis is planned for 2018 (pending the availability of COP16 funds). However, in a similar LCM program conducted as part of the Bukoba Combination Prevention Evaluation, the average program cost per LCM client was $54. Personnel costs accounted for 72% of the total program cost for LCM. Per-client LCM costs in Eswatini are expected to be higher because mobile units were purchased to provide point-of-diagnosis CD4 and clinical services, and because expert-client counselor salaries are higher than peer-counselor stipends in Tanzania.Primary costs include personnel (supervisors, ECs, and nurses), mobile units (or alternatively, tents and associated equipment), and personnel transport (vehicles and public transport reimbursement).CITATIONMacKellar D., Williams D., Bhembe, B., et al. Peer-Delivered Linkage Case Management and Same-Day ART Initiation for Men and Young Persons with HIV Infection—Eswatini, 2015 – 2017. MMWR Morb Mortal Wkly Rep 2018; 67: 663-667. DOI: http://dx.org/10.15585.mmwr.mm6723a3RESOURCESMethods &amp; outcomes flyerCase file forms Process Indicators Summary Report CommLink Final Program Report Revised by the PEPFAR Solutions Team, September 2020&nbsp;
- CFM (Community Focal Mothers): Improving mother-baby pair (MBP) retention in integrated maternal and child health and HIV services in Eswatini WHAT WAS THE PROBLEM? The Kingdom of Eswatini has the highest HIV prevalence in the world, yet fewer than half of HIV-exposed infants are retained in care long enough to receive their final HIV status at 18–24 months. Mothers and infants receive care together at child welfare visits through 18-24 months postpartum/of age, but there are high rates of loss to follow-up (LTFU) of mother-baby pairs (MBP) after the six-week visit. This poor retention in care limits the impact of prevention of mother-to-child HIV transmission (PMTCT) services as well as linkage to antiretroviral treatment (ART) for HIV-positive infants and HIV care and treatment services for HIV-positive mothers. LTFU of MBP also prevents them from receiving critical maternal, newborn, and child health (MNCH) services, including immunizations, growth monitoring, and supplements for infants – and family planning, infant feeding counseling, and cervical cancer screening for mothers.FULL SOLUTIONWHAT IS THE SOLUTION? CFMs are trained to provide proactive community-level follow-up of all MBPs at their homes to encourage them to attend all child welfare visits at the health facility. Health facilities enroll all MBP, regardless of HIV status, at the six-week postpartum visit and assign them to a CFM for follow-up in the community. CFMs visit mothers with new babies at their homes to create a plan to help them attend all child welfare visits in the following 18-24 months and to discuss challenges that might prevent them from completing all visits. Each month, CFMs update this care plan with anticipated changes in the MBP’s location or the child’s caregiver, problem-solve barriers to completing visits, provide referrals to MBPs who have missed a visit, and ensure that the baby’s Child Health Card is up-to-date. Rather than waiting to conduct defaulter tracing after missed appointments, this proactive model has CFMs work with MBP before any are lost to follow-up and provide support to prevent missed visits.The Kingdom of Eswatini MOH has made efforts to integrate all MBP care to improve access and uptake of necessary health services (including HIV testing and ART services) by aligning them with child welfare visits. By encouraging clinic attendance together for monthly visits and helping mothers plan for the next visit, CFMs ensure that both mothers and infants receive HIV testing services per the MOH protocol. By having CFMs visit all homes in the community with new babies, not just those with HIV-exposed infants, this model also reduces concerns of HIV stigma and accidental disclosure – key barriers to HIV care in Eswatini. In addition to HIV services, this retention in care model also helps MBP receive critical MNCH services, including immunizations and growth monitoring for infants, and family planning counseling, infant feeding counseling, and cervical cancer screenings for mothers. While designed to improve PMTCT final outcome rates, by ensuring retention in care, CFMs help improve uptake of other crucial MNCH services. This integrated PMTCT and MNCH outreach can improve outcomes for HIV testing and early infant diagnosis, as well as address gaps in follow-up of mothers and infants during the critical period of 18-24 months.WHAT WAS THE IMPACT? Comparison to baseline data reveals the success of the CFM model in improving retention in care. Baseline data collected in 2017 at the three intervention clinics showed that retention in care in the 2015 cohort of infants dropped sharply after the six-week visit to 70 percent / 64 percent of infants (HIV-exposed / unexposed) at the six-month visit and 46 percent / 39 percent at 12 months (Figure 1). AIDSFree has seen 100 percent retention in care of HIV-exposed and unexposed infants enrolled in the program to date for all age-appropriate visits per the MOH schedule (Table 1).Figure 1. Low retention rates at child welfare clinics after six weeks of age prior to intervention (2015 Birth Cohort)&nbsp;Child Welfare Visit CompletedAIDS Free Eswatani Community Focal Mother Activity &#8211; Retention in Care Indicators  (July 2018)*6 Month Visit9 Month Visit12 Month Visit18 Month Visit# Enrolled enfants expected/ # who completed child welfare visit (%)238/238 (100%)178/178 (100%)104/104 (100%)2/2 (100%)# Enrolled HEIs expected / # who completed child welfare visit (%)61/61 (100%)47/47 (100%)26/26 (100%)2/2 (100%)* (Rolling enrollment with on-going date collection through 18-24 months)Table 1. Retention Rates at AIDSFree Community Focal Mothers Facilities (July 2018 &#8211; Rolling enrollment)HOW DOES IT WORK? INDIVIDUAL LEVELMother-Baby Pair Enrollment: Mothers with new babies are made aware of the program when they visit the health facility for their six-week postpartum visit. A nurse or health facility staff member discusses the benefits of the program with them, provides them with information in siSwati (local language), and talks through any questions or concerns. Mothers who agree to home visits complete an enrollment form with their contact information. CFMs use that information to contact the mother to arrange the initial home visit.Home Visits: CFMs conduct monthly home visits with new MBP, with follow-up visits as needed. During these visits, they encourage the mothers to attend child welfare care per the MOH schedule. At each home visit, CFMs review the MOH Child Health Card and develop a care plan with the mother to prepare for clinic visits and anticipate potential changes in location of the mother and/or baby, or changes in the baby’s caregiver, which are reviewed at each subsequent home visit.Role of CFM: CFMs are trained on HIV and PMTCT basics, communication skills, confidentiality, the MOH child welfare care service package, and reading the MOH Child Health Card. While some may have previous volunteer experience, CFM training stresses the importance of adherence to clinic visits for the baby’s and mother’s health. Their emphasis is on encouraging clinic visit attendance and preventing defaulters. Their role is focused to allow them to concentrate on problem solving and proactive planning and follow-up with MBP. Each CFM follows 15-20 MBP. CFMs complete a home visit with each mother-baby pair every month, usually visiting one to three MBPs per day, but the schedule of the home visits and visits per day varies based on geographical factors and mother-baby pair availability.Support for CFM: AIDSFree serves as the CFMs’ primary supervisor. CFMs meet twice per month at the clinic with AIDSFree supervisors and health facility focal persons to receive assignments of new MBP, discuss home visits, review tools/data collected, request additional support, and troubleshoot any challenges encountered during home visits. CFMs receive a monetary stipend in an amount determined by similar lay worker stipends in Eswatini. Additionally, CFMs are provided with airtime vouchers to support follow-up calls to mothers, as well as a support package which includes a t-shirt, name badge, a tote bag, and a sun hat.SERVICE DELIVERY LEVELImprovements in Service Delivery: Eswatini has integrated MNCH care at the child welfare visit in order to streamline service delivery and improve service uptake. For infants, child welfare care encompasses monthly growth monitoring, immunizations, vitamin A supplementation, deworming, and early childhood development services. Mothers also receive critical health services at these child welfare visits, including family planning counseling, infant feeding counseling, and cervical cancer screening. Retention in this care is critical, as improving this also increases the uptake of these key health services during the postpartum/postnatal period. A data review of infants enrolled in home visits demonstrates that they have all been retained in child welfare care and have received all key health services per the MOH schedule.All infants who present at the six-week visit are enrolled, regardless of HIV status. Lactating mothers receive HIV testing at all child welfare visits per the MOH schedule, as incident HIV infection during pregnancy and breastfeeding contributes to a significant proportion of infants with HIV in high incidence settings. While to date, two infants have tested HIV-positive, no incident maternal HIV infections have been identified in the enrolled mothers. By encouraging clinic attendance together for monthly visits for all MBP, this model supports both mothers and infants to receive HIV testing services per the protocol for PMTCT, leading to better outcomes. It also avoids HIV stigma and accidental disclosure in the community by having CFMs visit all homes with new babies, not just those with HIV-exposed infants.Given the success of the CFM in proactively retaining MBP, and linking those who miss visits back to care – which also ensures that mothers are receiving key services including ART and VL testing per the MOH schedule – the Sexual and Reproductive Health Unit (SRHU) is initiating plans to train Global Fund-funded mentor mothers using the AIDSFree CFM model and training materials in late 2018. The role will be expanded with an enhanced focus on maternal ART adherence support, including follow-up of mothers who default from ART care or seek ART services in facilities separate from their child welfare care. This enhanced role has the potential to improve maternal ART adherence and VL, thereby helping to reduce vertical transmission.HEALTH SYSTEMS LEVELThe CFM model strengthens health facilities’ access to community-level information about MBP’s location and mobility, which can improve facility data quality. MBP that were previously recorded as lost to follow-up can be identified by CFMs as transfers-out to other health facilities, which can then be confirmed by the receiving facility.This intervention also offers an opportunity for health facility staff to identify data quality issues in the health facility register. At home visits, CFMs record information from the Child Health Cards and are able to ensure it matches what was recorded in the health facility register. This helps facility staff to identify when information has been left out of the register and correct register data quality issues early.NATIONAL ENVIRONMENTAIDSFree has implemented this intervention in close collaboration with the MOH, with regular reporting to the Sexual and Reproductive Health Unit and the PMTCT Technical Working Group. Eswatini is focused on improving its rates of PMTCT final outcome and has supported this program with strong buy-in. One challenge, however, is that MBP are currently not yet linked in MOH facility registers – linking mothers and their infants in multiple registers continues to impact data collection and reporting. Future national efforts to link MBP are anticipated.AIDSFree has also successfully engaged regional or facility social workers in the event that a CFM identifies an issue of concern in a home that she visits. Linkage with the social workers have been very effective in allowing them to work with the concerned parties and address the situation using the guidelines stipulated by the Deputy Prime Minister of the Kingdom of Eswatini.SCALABILITYThe model is focused on MBP retention in care to allow CFM to concentrate on problem solving and proactive follow-up at the community level before a mother misses a visit. This approach allows CFMs to direct their efforts towards targeted monthly home visits with a larger cohort of MBP. By keeping CFMs focused, this model allows for the rapid scale-up in communities. Keeping the ratio of 15-20 MBP per one CFM is recommended as is regular evaluation of CFM workload by the supervising team.At the request of the MOH, AIDSFree is currently working closely with the SRHU to plan national rollout the CFM model to increase the number of infants who know their final HIV status at 18-24 months and improve the rate of PMTCT final outcome determination throughout the Kingdom of Eswatini. Under the leadership of the SRHU, AIDSFree has developed a full training package, standard operating procedures (SOPs), and job aids. The MOH will be able to roll out the program nationally via a cadre of “mentor mothers” that are being hired with funding from the Global Fund. The role is anticipated to provide proactive follow-up of MBP and expand to also focus on maternal ART adherence support for those who default in care or seek ART services at separate facilities from their child welfare care. This model could also be integrated into larger training packages, including potentially exploring the initiation of proactive follow-up during the postpartum period with continuous MBP follow-up through 18-24 months. In other contexts, enrollment could be considered at the seven-day visit, or at delivery, if retention at the six-week visit is low.BUDGETStart-up Costs: Start-up costs include an initial landscape analysis for identification and outreach to community leaders as well as the identification and training of CFMs. This process also helps ensure full community buy-in and to also determine if there are existing community cadres that may be well-placed to absorb the CFM role without loss of program effectiveness.A key variable is determining how many CFMs should be trained and assigned to each Chiefdom and health facility. The number of CFMs will vary by several factors, including: the number of MBP enrolling per health facility; geographic considerations in each Chiefdom; and maintaining the ideal ratio of CFMs to MBP (1 to 15-20). To determine the number of MBP likely to enroll per health facility, AIDSFree estimated expected birth cohort size by facility with previous year birth cohorts. When determining the number of CFMs required for each Chiefdom (or region/district in other settings), it is essential to consider CFMs’ workload ability. Once the number of CFMs is identified, candidates are recruited and trained by the program coordinators and supervisors. The scale of the training will vary by the size of the program.Cost Drivers: The cost drivers for the implementation of the CFM model include: (1) training of CFMs, (2) ongoing supportive supervision – which includes biweekly group meetings at the implementing health facilities, particularly important to ensuring strong bi-directional communication with facilities; (3) a monthly stipend for CFMs as well as a support package (t-shirt, tote bag, sun hat); and (4) the printing of materials, including the community register, care plans, and home visit checklists. World Health Organization. (2017). Preventing HIV during pregnancy and breastfeeding in the context of PrEP.&nbsp;
- One Stop Shop: Improved individual and population health outcomes through integrated tuberculosis and HIV and service delivery in Eswatini WHAT WAS THE PROBLEM? Tuberculosis (TB) is the leading cause of morbidity and mortality among people living with HIV (PLHIV). Early antiretroviral therapy (ART) is recommended for all persons with TB/HIV co-infection, with multiple trials demonstrating that it reduces mortality and loss-to-follow-up, particularly in persons with advanced HIV disease. Despite this evidence, only 84 percent of HIV-positive TB patients received ART worldwide in 2017 leaving important gaps in ensuring that 90 percent of PLHIV are initiated on ART (World Health Organization , Global Tuberculosis Report 2017). One limiting factor may be that TB and HIV clinics are often physically separate, and thus are run by different programs. Separate and uncoordinated clinical care imposes heavy burdens on co-infected patients, potentially compromising adherence, retention, and treatment outcomes.FULL SOLUTIONWHAT IS THE SOLUTION?This activity involves implementing and measuring performance of high impact TB/HIV collaborative activities, as recommended by the WHO and supported by epidemiologic, clinical trial, and programmatic evidence. Specifically, activities included in this solution derive from successful examples of TB/HIV integration in Eswatini, where core elements of success included:1)   Political commitment: Political commitment to improve TB/HIV collaborative activities began as far back as 2007, when the National TB/HIV Coordinating Committee (NCC) was formed, with representation from the Eswatini National AIDS Program, the National Tuberculosis Control Program, implementing partners, civil society, and community partners. Over several years, they agreed to implement WHO-recommended collaborative TB/HIV activities, to train public and private sector healthcare workers, and to roll out aggressive social mobilization and communication strategies. The NCC has since met quarterly to deliberate on progress and to discuss the continued way forward.2)   Decentralization of TB and HIV treatment services: Beginning in 2008, the Eswatini HIV program rapidly decentralized HIV services to primary health care clinics and the TB program increased the number of Basic Management Units (BMUs).  In addition to clinical services, laboratory services such as testing for viral load and TB diagnostic testing (the latter using the GeneXpert platform) were expanded and moved closer to patient care facilities. This ensured that facilities do not refer patients for lab testing, but rather collect samples and use the national sample transportation system to send samples and receive results. This facilitated diagnostic evaluation of TB disease and TB case-finding among PLHIV and safe initiation of isoniazid preventive therapy (IPT).3)   Task shifting:As part of the service decentralization effort, in 2008 the Ministry of Health (MOH) created a new policy to allow nurse-led ART initiation and provision in Eswatini (NARTIS). This greatly expanded the capacity to treat PLHIV and permitted TB BMUs and clinics to provide ART to PLHIV.The above core activities allowed for the integration and co-location of TB and HIV services, which was achieved in 2009 in all regions and all TB treatment sites under a “one stop shop” model.WHAT WAS THE IMPACT? Along with the above policy changes, integrated service delivery, training, and social mobilization campaigns have yielded high impact results. These successes are demonstrated here through three main data sources: PEPFAR and Eswatini MOH program data, Eswatini’s Annual TB Program Report in 2017, and an evaluation project.In 2018, PEPFAR program data showed that 98 percent of TB patients had a known HIV status, of whom 68 percent were HIV-positive and 97 percent were receiving ART (Figure 1).Figure 1. High levels of HIV testing and linkage to ART in TB patients (data from PEPFAR Panorama, Quarter 2: Jan-June 2018, Quarter 4: May-September 2018)Overall, through TB/HIV collaborative activities, ART uptake among HIV-positive TB patients has increased from 66 percent in 2012 to 94 percent in 2017.Figure 2. Increased ART initiation through TB/HIV Collaborative Activities from 2012-2017 (graph from Eswatini Annual TB Program Report, 2017, p. 20)A retrospective cohort evaluation of the integrated TB/HIV program (conducted between July and November 2014) found that 99 percent of HIV-infected TB patients initiated ART within six months of TB treatment initiation (Pathmanathan, 2018). This is much higher than published results from other integrated and non-integrated settings in sub-Saharan Africa. Among PLHIV not already on ART at TB treatment initiation, almost 90 percent initiated ART within eight weeks per national guidelines.Among the subset of PLHIV who were part of the study, 97.3 percent had TB screening documented at their last HIV care or treatment visit within the study period (Pasipamire, USAID ASSIST Project, p. 5). Although only half of those with a positive TB screen had a documented diagnostic evaluation (including sputum smear microscopy, culture, Gene X-pert, or chest X-ray; still a weakness within the program), all patients with a TB diagnosis received TB treatment, with a treatment success rate of 85 percent (ibid, p.5 – 11).HOW DOES IT WORK?  Individual LevelIntegrated TB/HIV activities are relevant for all persons with TB or undergoing evaluation for TB, (i.e., those with “presumptive TB”), and all PLHIV. The WHO has long recommended the integration of HIV services with other relevant clinical services (such as those for TB) to improve program quality and efficiency. This also aligns with the principle of patient-centered care, and the foundational intention of integrating services was to improve care by reducing individual-level barriers. For example, integrating and/or co-locating HIV and TB treatment services may significantly reduce patient attrition between program sites (during treatment initiation or follow up visits/refills) due to time constraints, transportation costs, doubts and/or hesitation, lack of support or treatment navigation, etc.Health Systems LevelIn 2012, Eswatini adopted the revised WHO TB/HIV policy recommendations. This was done after over five years of collaborative TB/HIV programs and implementation research to inform country-specific policy and guidelines, including ART provision for TB patients using a “one stop shop” approach where people can be screened for TB and HIV, and can pick up treatment for both diseases at one site.As described above, success of this model was driven by several health-system level factors, including creation of national and regional TB/HIV coordinating committees and champions; close collaboration between Swaziland National AIDS Programme (SNAP), the National TB Control Programme (NTCP) and community partners; declaration of TB as an emergency for PLHIV; decentralization of treatment services to primary health clinics; task-shifting of ART initiation to TB clinic nurses; and social mobilization and educational campaigns to garner community and healthcare worker support. The NCC is co-chaired by program managers from SNAP and NTCP, with TB/HIV focal points from both agencies sharing secretariat roles.National EnvironmentThe success of this model relied on several shifts in the national environment, including declaration of TB as an emergency, creation of national TB/HIV guidelines in alignment with WHO recommendations and formation of the TB coordinating committees as previously described. Major policy shifts were those allowing nurse-led ART initiation and management (including TB nurses) and decentralization of TB and HIV treatment to primary health centers. All policy shifts first required the development and ratification of policy, and then trainings for relevant providers and stakeholders.RESOURCESEswatini Annual TB Program Report, 2017 Evaluation of TB/HIV Collaborative Activities in Swaziland  (USAID ASSIST Project)“High uptake of antiretroviral therapy among HIV-positive TB patients receiving co-located services in Swaziland” PLoS ONE article. &nbsp;
- Eswatini (23-626) – Agreement on Employment of Dependents of Official Employees Office of Treaty AffairsEmploymentSigned at Mbabane June 26, 2023; entered into force June 26, 2023.&nbsp;
- Eswatini National Day Antony J. Blinken, Secretary of StateOn behalf of the United States of America, I congratulate all Eswatini on 55 years of independence. As you mark this momentous occasion, let us also celebrate the strong friendship between our two nations. We honor our progress on health, climate change adaptation, and addressing a period of unrest. This collaboration has only strengthened the relationship between the United States and Eswatini as we hope for democratic elections followed by an inclusive national dialogue. We look forward to continued engagement on both of our country’s core values for years to come.Please accept our congratulations on this anniversary of Eswatini&#8217;s independence.
- Eswatini HomeReportsBureau of Economic and Business Affairs2023 Investment Climate Statements&#8230;Eswatini				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Investment Climate Statements: Eswatini																																																																																												 In this section										/																							EXECUTIVE SUMMARY																																													EXECUTIVE SUMMARY																															1. Openness To, and Restrictions Upon, Foreign Investment																																																									Policies Towards Foreign Direct Investment																																																																											Limits on Foreign Control and Right to Private Ownership and Establishment																																																																											Other Investment Policy Reviews																																																																											Business Facilitation																																																																											Outward Investment																																																																																	2. Bilateral Investment and Taxation Treaties																															3. Legal Regime																																																									Transparency of the Regulatory System																																																																											International Regulatory Considerations																																																																											Legal System and Judicial Independence																																																																											Laws and Regulations on Foreign Direct Investment																																																																											Competition and Antitrust Laws																																																																											Expropriation and Compensation																																																																											Dispute Settlement																																																																			ICSID Convention and New York Convention																																																								Investor-State Dispute Settlement																																																								International Commercial Arbitration and Foreign Courts																																																																																																																		Bankruptcy Regulations																																																																																	4. Industrial Policies																																																									Investment Incentives																																																																											Foreign Trade Zones/Free Ports/Trade Facilitation																																																																											Performance and Data Localization Requirements																																																																																	5. Protection of Property Rights																																																									Real Property																																																																											Intellectual Property Rights																																																																																	6. Financial Sector																																																									Capital Markets and Portfolio Investment																																																																											Money and Banking System																																																																											Foreign Exchange and Remittances																																																																			Foreign Exchange																																																								Remittance Policies																																																																																																																		Sovereign Wealth Funds																																																																																	7. State-Owned Enterprises																																																									Privatization Program																																																																																	8. Responsible Business Conduct																															9. Corruption																																																									Resources to Report Corruption																																																																																	10. Political and Security Environment																															11. Labor Policies and Practices																															12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs																															13. Foreign Direct Investment and Foreign Portfolio Investment Statistics																															14. Contact for More Information																																																					EXECUTIVE SUMMARY				As a small nation of just over one million, Eswatini is working to position itself as an exporter that is open for business. Landlocked between South Africa and Mozambique, Eswatini is a member of two of the largest free trade regions on the continent: the Southern Africa Development Community (SADC) and Common Market for Eastern and Southern Africa (COMESA). Eswatini has historically had a service-based economy with companies from South Africa among the major employers, however due to developments in the Africa Continental Free Trade Area (AfCFTA), strategic manufacturing for export will create new enthusiasm towards foreign market opportunities.Eswatini is an AGOA eligible country; in 2021, the Government of the Kingdom of Eswatini (GKoE) issued a comprehensive three-year strategy to maximize the opportunities presented under the program. In 2022, government issued the National Development Plan, outlining challenges and opportunities aimed to bring Eswatini to first-world status nations by 2028. The Eswatini Investment Promotion Authority (EIPA) advocates for foreign investors and facilitates regulatory approval. Recent positive developments include the start-up of a 15,000 sqm factory that began production this year of food products for the local and export markets. Although the official government policy is to encourage foreign investment to drive economic growth, the pace of reforming investment policies is slow. The policies and reforms the country’s energy (ESERA) and telecommunications (ESCCOM) regulators are pursuing to promote innovation and competition in their industries will be important barometers on the extent to which those markets will prove friendly for international investors.Policies are conducive to U.S. investment. The Eswatini Investment Promotion Authority (EIPA) advocates for foreign investors and facilitates regulatory approval but generally lacks the political clout to achieve its core functions. Positive investment climate factors include the eligibility of Eswatini to the African Growth and Opportunity Act (AGOA), the enactment of the Special Economic Zones (SEZ) Act, updated intellectual property legislation passed in 2022, and favorable World Bank rankings on the Ease of Doing Business.The civil unrest experienced in 2021 and the unsettled socio-political environment are current significant negative factors dampening the investment climate as the country awaits a national dialogue and national parliamentary elections in the fall of 2023. After the murder of public security officers, a traditional chief, and prominent human rights activist Thulani Maseko in January 2023, the human rights environment is under scrutiny by international observers, including the International Parliamentary Union (IPU), who have expressed concerns about the incarceration and trial of two elected members of parliament who, the IPU states, were exercising their freedom of speech. With overall unemployment at 33%, the labor environment is largely untapped, and generally considered stable. Russia’s war against Ukraine has resulted in increased costs of production due to the high cost of intermediate inputs, particularly fuel, farming inputs such as fertilizer, medical services, and food, and non-alcoholic beverages. Inflation is estimated at 12% in 2022-2023 for food basket, with a disproportionate impact on poor households and unemployed youth, estimated at 58%.Eswatini is seeking to redefine itself through the economic recovery strategy as an export-oriented, private sector led economy. Over the last year, overall investment trends in Eswatini include an emphasis on attracting and expanding international companies investing in Eswatini. King Mswati III has traveled in the last 16 months to New York City, Singapore, Taiwan, Tunisia, Rwanda (for Commonwealth Nations), Indonesia, Bangladesh, Qatar, and the United Arab Emirates as part of a government foreign direct investment campaign.The Swati government has prioritized the energy sector, particularly renewable energy, and developed a Grid Code and Renewable Energy and Independent Power Producer (RE&amp;IPP) Policy to create a transparent regulatory regime and attract investment backed by a sovereign guarantee. Eswatini generally imports 80 percent of its power from South Africa and Mozambique. With both South Africa and Mozambique experiencing electricity shortages, Eswatini aspires to become energy independent by increasing its own energy generation using renewable sources. Policies are in place for renewable energy to reach 50% by 2030, however there are no incentives yet announced. With the emergence of COVID-19, the need for ICT business and infrastructure opportunities have found their way to the top of the priority list. ICT is still an emerging sector, which Eswatini has supported through digital initiatives such as cross-functional e-governance, the Royal Science and Technology Park, and cloud-based systems. The digital migration program of the Southern African Development Community (SADC) presents ICT opportunities in the country. The country is poised for Open Radio Access Network (ORAN) 5G development and space-based low earth orbit satellite technology applications as alternatives to terrestrial internet services.Incentives to invest in Eswatini include repatriation of profits, fully serviced industrial sites, purpose-built factory shells at competitive rates, and duty exemptions on raw materials for manufacture of goods to be exported outside the Southern African Customs Union (SACU). Financial incentives for all investors include tax allowances and deductions for new enterprises, including a 10-year exemption from withholding tax on dividends and a low corporate tax rate of 10 percent for approved investment projects. New investors also enjoy duty-free import of machinery and equipment. SEZ investors may benefit from a 20-year exemption from all corporate taxation (followed by taxation at 5 percent); full refunds of customs duties, value-added tax, and other taxes payable on goods purchased for use as raw material, equipment, machinery, and manufacturing; unrestricted repatriation of profits; and full exemption from foreign exchange controls for all operations conducted within the SEZ.Royal family involvement in the mining sector has discouraged potential investors in that sector. Eswatini’s land tenure system, where most rural land is “held in trust for the Swati nation,” discourages long-term investment in commercial real estate and agriculture.Table 1: Key Metrics and RankingsMeasureYearIndex/RankWebsite AddressTI Corruption Perceptions Index2022130 of 180 http://www.transparency.org/research/cpi/overview Global Innovation Index2022N/A https://www.globalinnovationindex.org/analysis-indicator U.S. FDI in partner country ($M USD, historical stock positions)2021USD 14 Million https://apps.bea.gov/international/factsheet World Bank GNI per capita2022USD 3605 http://data.worldbank.org/indicator/NY.GNP.PCAP.CD 																																					1. Openness To, and Restrictions Upon, Foreign Investment						    																																																Policies Towards Foreign Direct Investment										The GKoE is generally open to foreign investment to drive economic growth, improve international competitiveness, and access foreign markets. Foreign direct investment (FDI) is one of the five stated pillars of its Sustainable Development and Inclusive Growth (SDIG) Program and is the intended means to drive the country’s economic growth, obtain access to foreign markets for its exports, and improve international competitiveness. While the government has strongly encouraged foreign investment over the past 15 years, it only adopted a formal strategy at cabinet-level in 2018 for achieving measurable progress. Eswatini does not have a unified policy on investment. Instead, individual ministries have their own investment facilitation policies, which include policies on Small and Medium Enterprises (SME), agriculture, energy, transportation, mining, education, and telecommunications. Calls for more concerted action on these policies have intensified in the last few years as Eswatini has suffered from drought, fiscal challenges, and general economic recession.There are no laws which differ significantly between U.S. investors and domestic investors. The Swati constitution states generally non-citizen companies and/or companies with a simple majority of non-citizen shareholders may not own land unless they were vested in their ownership rights before the constitution entered into force in 2005. On the other hand, the constitution’s general prohibition “may not be used to undermine or frustrate an existing or new legitimate business undertaking of which land is a significant factor or base.” Furthermore, non-citizens and non-citizen majority-owned companies may hold long-term (up to 99 years) leases on title deed land and Swati Nation land. In 2019, the government listed some of its title deed land to make it available for long-term leasing for commercial purposes.The Eswatini Investment Promotion Authority (EIPA) is the state-owned enterprise (SOE) charged with designing and implementing strategies for attracting desired foreign investors.Eswatini’s investment policy which supports the business environment is online at  https://investeswatini.org.sz/legal-and-regulatory-framework/ . EIPA is functional and helpful, but it is not yet a one-stop-shop for foreign investors. EIPA services include:&#8211;  Attract and promote local and foreign direct investments&#8211;  Identify and disseminate trade and investment opportunities&#8211;  Provide investor facilitation and aftercare services&#8211;  Promote internal and external trade&#8211;  Undertake research and policy analysis&#8211;  Facilitate company registration and business licenses/permits&#8211;  Facilitate work permits and visas for investors&#8211;  Provide a one stop shop information and support facility for businesses&#8211;  Export product development&#8211;  Facilitation of participation in external trade fairs&#8211;  Buyer-Seller MissionsThe GKoE continues its attempts to improve the ease of doing business in the country through the Investor Roadmap Unit (IRU). The IRU engages with businesses and government to review and report on the progress and implementation of the investor reforms through annual and biannual consultations.In September 2022, the World Bank Group published a country private sector diagnostics report highlighting opportunities to strengthen the private sector to grow export markets and create jobs. The “creating markets” report highlights Eswatini’s comparative advantage in sugar, beef, forestry value chains, textiles and apparel. See link: https://www.ifc.org/wps/wcm/connect/publications_ext_content/ifc_external_publication_site/publications_listing_page/cpsd-eswatini 																																				Limits on Foreign Control and Right to Private Ownership and Establishment										Both foreign and domestic private entities have a right to establish, own, acquire, and dispose of interest in business enterprises. Foreign and U.S. investors own several of Eswatini’s largest private businesses, either fully or with minority participation by Swati institutions.There are no limits on foreign ownership and control of companies which can be 100 percent foreign owned and controlled. The only exceptions to foreign ownership and control laws are in the mining sector and in relation to land ownership.There are no sector-specific restrictions (except mining and land ownership). Eswatini does not prescribe investment levels, equity caps, governance or board representation requirements, mandatory domestic joint venture partner rules, licensing restrictions, mandatory Intellectual Property (IP)/technology transfer requirements, local presence, or workforce requirements.The Mines and Minerals Act of 2011 requires that the king (in trust for the Swati Nation) be granted a 25-percent equity stake in all mining ventures, with another 25 percent equity stake granted to the GKoE. There are also sector-specific trade exclusions that prohibit foreign control, which include business dealings in firearms, radioactive material, explosives, hazardous waste, and security printing.Foreign investments are screened only through standard background and credit checks, for which significant processing times must be allowed. Under the Money Laundering and Financing of Terrorism (Prevention) Act of 2011, investors must submit certain documents including proof of residence and source of income for deposits. EIPA also conducts general screening of FDI monies through credit bureau checks and Interpol. This screening is not a barrier to investing in Eswatini. There are no discriminatory mechanisms applied against U.S. foreign direct investors.																																				Other Investment Policy Reviews										There have been no investment policy reviews for Eswatini in the last 3 years. Through its membership in the Southern African Customs Union, its ratification of the African Continental Free Trade Agreement in 2019, and its participation in the work of the WTO, Eswatini continues to pursue the importance of trade in development. http://www.oecd.org/investment/countryreviews.htm ,  http://www.wto.org/english/tratop_e/tpr_e/tpr_e.htm .  http://unctad.org/en/Pages/DIAE/Investment%20Policy%20Reviews/Investment-Policy-Reviews.aspx . https://www.ohchr.org/EN/Issues/Business/Pages/WGCountryVisits.aspx In the past five years, Eswatini has not received any third-party investment policy reviews through organizations such as the Organization for Economic Co-operation and Development (OECD), World Trade Organization (WTO), United Nations Conference on Trade and Development (UNCTAD), or UN Working Group on Business and Human Rights.																																				Business Facilitation										In 2020 the Government launched The Eswatini Trade Information Portal (ETIP) as a one-stop shop trade and investment portal in line with Article 10 of the WTO agreement to publish related procedures for trade. The portal  Eswatini Trade Information Portal &#8211; Display Site (eswatinitradeportal.com)  publishes procedures for importation, exportation, transit required forms and documents, and other necessary information. The ETIP is aimed at facilitating trade and reducing the cost of trade. The portal will provide traders will all information relating to trade, including regulatory requirements, forms, procedures, and fees that traders will be required to pay. This information should enable traders to swiftly carry out cross border transactions.Online registration for companies is done via the link  www.online.gov.sz . The registration process is not entirely online as the final steps (payment of statutory fees and registration fee) are offline (payable at local offices). According to the Doing Business Report, the process of registering a company in Eswatini takes approximately 3-10 days. In practice, the process can take much longer for foreign investors. The process of registration is very simple and is managed by the Registrar of Companies within the ministry of Commerce, Industry, and Trade. The company registration is the first and most crucial step that enables further registration. Additional registration requirements are found at  Eswatini Trade Information Portal &#8211; Display Site (eswatinitradeportal.com) .Further business licensing is required after registration. The licensing process is overseen by the Ministry of Commerce in the adjacent licensing department under separate oversight.																																				Outward Investment										The government does not specifically promote or incentivize outward investment.The GKoE does not generally restrict domestic investors from investing abroad. The only two restrictions which apply as exceptions relate to the Public Service Pension Fund and the Eswatini National Provident Fund which are state-owned enterprises (SOEs). They are required by law to invest a minimum of 50 percent of their balance sheets in the domestic economy.																																												2. Bilateral Investment and Taxation Treaties						    																						Eswatini has bilateral investment agreements in force with the United Kingdom, Taiwan, and Germany. After Brexit in 2021, the government signed African-Caribbean-Pacific (ACP) &#8211; EU Partnership Agreement. Eswatini signed bilateral investment agreements with Egypt, Kuwait, and Mauritius, but these have not entered into force. In August 2022 Indonesian President Joko Widodo (Jokowi) and King Mswati III witnessed the signing of a memorandum of understanding (MoU) to strengthen bilateral cooperation between the two countries.In February 2023, Bangladesh and Eswatini signed a MoU on Establishment of Comprehensive Consultation Mechanism and a Memorandum of Agreement on Contract Farming and Agricultural Cooperation.In January 2023 Eswatini signed a visa waiver agreement with the Russian Federation.Eswatini does not have a bilateral investment treaty with the United States.In 2019, Eswatini amended its tax treaty with Mauritius on the assumption that once the treaty is ratified the amendments will come into effect in January 2022; this has not yet occurred.																																		3. Legal Regime						    																																																Transparency of the Regulatory System										In general, the laws of the country are transparent, including laws to foster competition. The Swaziland Competition Act came into force in 2007 and the Competition Commission Regulations came into effect in 2011. The Eswatini Competition Commission (SCC) is a statutory body charged with the administration and enforcement of the Competition Act of 2007. The legal and regulatory environment is underdeveloped but currently growing as the GKoE has recently established additional regulatory bodies in the financial, energy, communications, and construction procurement sectors. These bodies generally attempt to emulate the regulatory practices of South Africa or Britain.Eswatini’s rule-making and regulatory authority lies with the central government and may be delegated by the relevant line ministry to a department, parastatal, or board. The primary custodian of policy and regulation is the minister responsible for the relevant law. All laws, regulations, and policies are applied at a national level.There are no regulatory processes managed by nongovernmental organizations or private sector associations. Regulatory enforcement actions can be reviewed through the court system and court rulings are publicly available.Transparency is provided through adherence to the International Financial Reporting Standard (IFRS) as required for listed companies, financial institutions, and government-owned companies. It remains optional for small and medium enterprises.Legal and expert drafters within federal ministries develop regulations. No regulations or laws are promulgated at regional administration or local (tinkhundla) levels. Ministries sometimes consult by invitation with selected members of the public and private sectors through publicly announced stakeholder meetings. Most draft regulations are not made available online but can be acquired in hard copy through the government printing office for a fee. Regulations are generally developed and reviewed through various stakeholder consultations. The use of science and data to inform regulatory reform is not widespread. Proposed laws and regulations are published in the government Gazette and have a public comment period of thirty days prior to a bill’s presentation to parliament.Foreign investors coming into the country can join the recognized federation of businesses, Business Eswatini, on equal footing with Eswatini nationals. Business Eswatini often serves as the link between the private sector and the government. There are no informal regulatory processes that apply to foreign investors.Eswatini public finance and debt obligations are published online through the Budget Estimates Book as well as the Central Bank of Eswatini’s annual report,  https://www.centralbank.org.sz/annual-report/ 																																				International Regulatory Considerations										Eswatini is member to four distinct economic blocks: the Common Monetary Area (CMA), the Southern African Customs Union (SACU), the Southern African Development Community (SADC), and the Common Market for Eastern and Southern Africa (COMESA). The standards of membership in these blocks are primarily based on British law and have been domesticated accordingly into each context.Eswatini is a member of the WTO and notifies all draft technical regulations to the WTO Committee on Technical Barriers to Trade. Eswatini signed and ratified the Trade Facilitation Agreement (TFA) in 2016 and has begun implementing its requisites. The TFA entered into force in February 2017 and requires prompt and transparent publication of trade-related information. Eswatini developed a trade portal in partnership with the World Bank to make reliable trade-related information accessible to the private sector.																																				Legal System and Judicial Independence										Eswatini has a dual legal system consisting of a set of courts that follow Roman-Dutch law and a set of national courts that follow Swati law and custom. The former consists of a Court of Appeals (Supreme Court) and a High Court, in addition to magistrate&#8217;s courts in each of the four districts. The traditional courts deal with minor offenses and violations of traditional Swati law and custom. Sentences in traditional courts are subject to appeal and review at the Court of Appeals and High Court. The western-style court system enforces contracts and property rights.The country has various written commercial and contractual laws. Commercial and contractual disputes are handled in the magistrate court or High Court depending on the amount in dispute. Specialized commercial and small claims courts have been introduced in the 2022. Specialized Industrial Courts hear labor relations matters.The constitution and law provide for an independent judiciary and the courts are generally independent of executive control or influence in nonpolitical criminal and civil cases not involving the royal family or government officials. The current judicial process is procedurally competent, fair, and reliable, although the capacity of the judiciary to handle cases in a timely manner is extremely limited, creating significant case backlogs. Enforcement of laws and regulations can be appealed up to the Supreme Court.																																				Laws and Regulations on Foreign Direct Investment										The Swaziland Investment Promotion Act of 1998 established EIPA and provides for the freedom of investment, protection of investment, and non-discrimination on the part of the government with respect to investors. The Competition Act of 2007 proscribes anti-competitive trade practices and specifies requirements for mergers and acquisitions, and protection of consumer welfare. The new economic recovery strategy (Revised National Development Strategy) for 2023-2028 emphasizes the need to promote further reforms to facilitate investment.In February 2018, the GKoE enacted the Special Economic Zones (SEZ) Act in an effort to attract foreign direct investment, to be reviewed every five years. The implementing regulations for the year 2023-2024 are under review. The benefits for an SEZ investor include: a 20-year exemption from all corporate taxation, followed by taxation at the rate of 5 percent; full refunds of customs duties, value-added tax, and all other taxes payable in respect of goods purchased for use as raw material, equipment, machinery, and manufacturing; unrestricted repatriation of profits; and full exemption from foreign exchange controls for all operations conducted within the SEZ. The Citizen Economic Empowerment Bill under review pursues an agenda of giving local entities a 15 percent competitive advantage in if desiring to sell to local markets. For foreign businesses that are export-oriented, competition is on an even basis. Government published SEZ advantages and procedures, including these published suggestions:  Special Economic Zones: What Should Eswatini Consider? – Separc The primary website for investment that provides relevant laws is  Eswatini Trade Information Portal &#8211; Display Site (eswatinitradeportal.com) 																																				Competition and Antitrust Laws										The Eswatini Competition Commission (SCC) adheres to fair and transparent norms and procedures. In 2022, there were no significant competition cases which influenced foreign companies or investment. The Competition Commission was established in 2007 to review transactions and encourage competition in Eswatini&#8217;s economy by controlling anti-competitive trade practices, mergers, and acquisitions; protecting consumer welfare; and providing an institutional mechanism for implementing these objectives. Government updates competition topics online at  News and Notices – Eswatini Competition Commission (compco.co.sz) The Swaziland Competition Act ( http://www.compco.co.sz/documents/Competition%20Act%202007%20scanned18%20Februry%202010.pdf ) and Competition Commission Regulations ( http://www.compco.co.sz/documents/Competition%20Commission%20Regulations%20Notice%202010.pdf ) are available online.All entities must submit their merger and acquisition plans to the SCC for prior approval. The SCC has the power to not only investigate and regulate, but also to issue administrative decisions relating to mergers, competition, and anti-trust. There have been no rulings against foreign investors since the establishment of the Eswatini Competition Commission. Competition Commission decisions can be appealed at the High Court and further at the Supreme Court which has previously occurred.																																				Expropriation and Compensation										The law prohibits expropriation and nationalization. The Eswatini Constitution narrowly limits the GKoE’s powers to deprive a landowner of “property or any interest in or right over property,” except under circumstances where “necessary,” conducted pursuant to a court order, and compensated by the “prompt payment of fair and adequate compensation.” There is no history of alleged expropriations, without compensation. In the interest of national development, anyone whose property interests are threatened by expropriation is also expressly granted due process rights under the Constitution. There have been no recent cases of foreign-owned businesses being expropriated in any circumstance, and when disputes have arisen in the past, there has been due process through Swati institutions and/or international tribunals.																																				Dispute Settlement																										ICSID Convention and New York Convention						Eswatini is a member state of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). It is not a signatory to the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. There is no specific legislation providing for enforcement of awards under international conventions, but the Swati legal system has effectively enforced court decisions and international arbitration awards in the past.						Investor-State Dispute Settlement						Eswatini is a member state of the International Centre for the Settlement of Investment Disputes (ICSID Convention) and the Multilateral Investment Guarantee Agency (MIGA). Eswatini, as a member of SACU, signed a Trade, Investment and Development Cooperative Agreement in 2008 with the United States. There have been no claims under this agreement. There have been at least two major investment disputes involving foreign investors in the past ten years, one in the mining industry, and the other in telecommunications, but none involving U.S. companies or citizens.The Eswatini government accepts binding international arbitration of investment disputes between foreign investors and the state. All government agreements with international investors/parties include venue and choice of law provisions. Local courts recognize and enforce foreign arbitral awards issued against the government, but do not have jurisdiction against the king, who is constitutionally protected. Eswatini has not had any reported incidents of extrajudicial action against foreign investors.						International Commercial Arbitration and Foreign Courts						The National alternative dispute resolution (ADR) mechanism available to settle disputes between two private parties is the Conciliation, Mediation and Arbitration Commission (CMAC), which is governed by the Industrial Relations Act of 2000. Eswatini does not have a domestic arbitration body to deal with investment or commercial disputes. A Commercial Court division of the High Court was established in March 2022 to facilitate resolution of business disputes which have traditionally lasted up to two years.Local courts recognize and enforce foreign arbitral awards and judgments of foreign courts.SOEs are rarely involved in investment disputes. In the last 10 years, there has been no dispute involving a SOE. There have not been any complaints about the court processes. Court records are available online for public scrutiny at:  https://www.swazilii.org/ .																										Bankruptcy Regulations										The Insolvency Act of 1955 is the law that governs bankruptcy in Eswatini. The insolvent debtor or his/her agent petitions the court for the acceptance of the surrender of the debtor&#8217;s estate for the benefit of his/her creditors. Creditors need to petition with the court and provide documents supporting their claim. Bankruptcy is only criminalized if the debtor, trustee, or sole owner does not comply with the requirements of the creditor.																																												4. Industrial Policies						    																																																Investment Incentives										SEZ investors have access to numerous investment incentives more fully described above in “Laws and Regulations on Foreign Direct Investment” and below in “Foreign Trade Zones/Free Ports/Trade Facilitation.” For non-SEZ investors, the Minister of Finance has the discretion to apply a reduced tax rate of 10 percent for the first ten-year period of operation, which is available for businesses that qualify under the Development Approval Order. Capital goods imported into the country for productive investments are exempt from import duties. Raw materials imported into the country to manufacture products to be exported outside the SACU area are also exempt from import duties. These incentives apply equally to women as they do to men. U.S. companies have successfully taken advantage of this exemption.The GKoE issues through the central bank guarantees for key sectors like transportation and energy. There have been no reports of government jointly financing FDI projects. Government does not offer incentives for net-zero or clean energy investments.																																				Foreign Trade Zones/Free Ports/Trade Facilitation										In 2018, the GKoE enacted the Special Economic Zones (SEZ) Act to attract foreign direct investment. The Act establishes two designated SEZs: the Royal Science and Technology Park and King Mswati III International Airport. According to the Act, investors may establish additional SEZs outside of these designated areas by satisfying the minimum requirements and applying to the Minister of Commerce.  Under the Act, foreign-owned firms within SEZs have the same investment opportunities as Swati entities.To operate within an SEZ, a beneficiary company must meet the following minimum requirements (among others): at least 90 percent of its employees must be paid at or above the threshold for income taxation (approximately USD 330/month); at least two thirds of its employees must be Swati citizens; and the minimum capital investment must be E30 million (USD 2.1 million) for sole companies and E70 million (USD 5 million) for joint ventures. The benefits for an SEZ investor include: a 20-year exemption from all corporate taxation, followed by taxation at the rate of 5 percent; full refunds of customs duties, value-added tax, and all other taxes payable in respect of goods purchased for use as raw material, equipment, machinery, and manufacturing; unrestricted repatriation of profits; and full exemption from foreign exchange controls for all operations conducted within the SEZ. These requirements and incentives are reviewed every five years and are set to be reviewed in 2023.																																				Performance and Data Localization Requirements										Government does not follow forced localization of content in goods or technology. There are no requirements for foreign IT providers to turn over source code or provide access to encryption. The technology industry in Eswatini is still in its infancy.There are no government-imposed conditions on permission to invest. The government does not follow a “forced localization” policy. However, in the manufacturing sector if a company plans to label a product for export as “Made in Eswatini,” the government requires that the local content of such export be at least 25 percent.The Ministry of Labor and Social Security’s Training and Localization Unit requires the hiring of qualified Swati workers where possible, even at executive positions. The mandate of the unit is to ensure the maximum utilization of local manpower resources and to formulate training plans in conjunction with industries so as to maximize employment. It also facilitates and provides information on the process of obtaining work permits. Foreign investors are required to apply for residence and work permits. Although they are generally awarded, businesspeople complain that the process is cumbersome.This is true despite a current emphasis on localization of labor and skills, despite the skill gaps published in the Eswatini National Skills Audit Report of 2022 by the Economic Policy Analysis and Research Centre (SEPARC)  https://www.separc.co.sz/reports/ .																																												5. Protection of Property Rights						    																																																Real Property										The Constitution protects and enforces the right to own property, but most rural land is Swazi Nation Land (SNL) and is not covered by this constitutional protection. Most urban property, on the other hand, is Title Deed Land (TDL). The law allows for eminent domain in limited circumstances but requires prompt payment of adequate compensation. There are mortgages and liens on TDL and on farms. There are gender limitations on owning and transferring real property, particularly under the country’s traditional structures.There are two major categories of land tenure: Swati Nation Land (SNL) and Title Deed Land (TDL), each subject to different rules and procedures. More than 60 percent of Eswatini’s territory is SNL, governed by the country’s traditional structures. SNL is “held in trust for the Swati people” by the King, who appoints chiefs to oversee its use. The chiefs keep records of who “owns” or resides on land in their chiefdoms. For TDL, the Eswatini government recognizes and enforces secured interest in property and there is a reliable system of recording security interests.Though foreign or non-resident individuals generally may not own land (with some exceptions), foreign-owned businesses are able to own or lease land. Legally purchased property cannot revert to other owners (must be “willing buyer, willing seller”).The GKoE is currently reviewing the 1982 Farm Dwellers Act to mitigate the negative impact on squatters’ rights on the transfer of property to new owners, incorporating a legal process to ensure the protection of rights of all concerned.																																				Intellectual Property Rights										Eswatini is not listed in USTR’s Special 301 report. Eswatini is not listed in the notorious market report.Protection for patents, trademarks, and copyrights is currently inadequate under Swati law. Patents are currently protected under the 1997 Patents, Utility Models, and Industrial Designs Act.  The 2018 Patents Act has been passed, however, the regulations are still outstanding and the law is therefore not operative. Trademark protection is addressed in the Trade Marks Act of 1981. Copyright protections are addressed under the Copyright and Neighbouring Rights Act, 2018. The most recent country intellectual country profile, from 2021, is provided at  https://www.wipo.int/edocs/statistics-country-profile/en/sz.pdf .The Copyright and Neighboring Rights Act of 2018 (replacing the Copyright Act of 1912) protects literary, musical, artistic, audio-visual, sound recordings, broadcasts, and published editions. It also criminalizes illicit recording and false representation of someone else&#8217;s work. The Act also gives the duration of copyright among other things. The Swaziland Intellectual Property Tribunal Act of 2018 established an Intellectual Property Tribunal that is responsible for hearing all matters and disputes involving intellectual property in Eswatini.  However, the tribunal is not yet operational.Eswatini is not listed on the United States Trade Representative (USTR) Special 301 Report or the Notorious Markets List. For additional information about national laws and points of contact at local IP offices, please see WIPO’s country profiles at  https://www.wipo.int/directory/en/details.jsp?country_code=SZ .In June 2022, Eswatini hosted the Africa Regional Intellectual Property Organization (ARIPO) Head of Intellectual Property Office’s conference HIPOC for 22 member states. The country does not track and report on seizures of counterfeit goods as it relates to intellectual property.																																												6. Financial Sector						    																																																Capital Markets and Portfolio Investment										GKoE’s general attitude toward foreign portfolio investment is open, but consistent with that of the common monetary area led by South Africa. Eswatini’s capital markets are closely tied to those of South Africa and operate under conditions generally like the conditions in that market. In 2010, the GKoE passed the Securities Act to strengthen the regulation of portfolio investments. The Act was primarily intended to facilitate and develop an orderly, fair, and efficient capital market in the country.Eswatini has a small stock exchange with only a handful of companies currently trading. In 2010, the Financial Services Regulatory Authority (FSRA) was established. This institution governs non-bank financial institutions including capital markets, insurance firms, retirement funds, building societies, micro-finance institutions, and savings and credit cooperatives. The royal wealth fund and national pension fund invest in the private equity market, but otherwise there are few professional investors.Existing policies neither inhibit nor facilitate the free flow of financial resources; the demand is simply not present. The Central Bank respects the terms of International Monetary Fund (IMF) Article VIII, and credit is allocated on market terms. Foreign investors can get credit and equity from the local market. A variety of credit instruments are available to the private sector including Central Bank of Eswatini loan guarantees for the export markets and for small businesses.																																				Money and Banking System										Banking services penetration equates to 54 percent of the Swati adult population. According to the Central Bank of Eswatini’s Financial Stability Report, the Swati banking sector is stable, well positioned to withstand shocks, and financially sound. If one could say there was a weakness, it would be the lack of diversity of product offerings. Because four of the six operating banks are owned by South African parent companies which only offer retail and corporate banking services, there is a scarcity of banking services supporting citizens financial development needs. It is a weakness because many citizens report lack of access to credit and prioritizing profit over development.The Non-Performing Loan (NPL) ratio increased from 5.6 percent in June 2021 to 6.5 percent in June 2022, remaining above the acceptable 5.0 percent Competition and Market Authority (CMA) threshold. The increase in NPLs is attributable to the expiration of COVID-19 Relief Measures in December 2021. As at end June 2022, the aggregate liquidity ratio for banks stood at 37.7 percent, well above the minimum requirement of 20 percent for commercial banks and 18.0 percent for development banks. The average returns on assets (ROA) and returns on equity (ROE) ratios increased to 13.0 percent and 24.3 percent in June 2022 from 8.6 percent and 17.4 percent in June 2021, respectively.Eswatini’s banking sector is relatively small with assets of about 30% of GDP. The financial sector is dominated by non-bank financial institutions (“NBFs”) i.e., the pensions sector, insurance sector and collective investment schemes, with gross assets accounting for about 110% of GDP, including a large government retirement fund (with assets of about 35% of GDP). The financial institutions are closely interconnected and have large foreign exposures, with NBFIs providing a sizable share of banks’ deposits while holding about half of their assets abroad (about 40% of GDP), exposing the system to external shocks. Households are highly leveraged compared to neighboring and other middle-income countries; and the sovereign-financial sector linkages have been strengthening, exposing the sector to the government’s weak fiscal position. Eswatini has a central bank system. Eswatini’s banks are primarily subsidiaries of South African banks. Standard Bank is the largest bank by capital assets and employs about 400 workers.Eswatini’s financial sector is liberalized and allows foreign banks or branches to operate under the supervision of the Central Bank’s laws and regulations (http://www.centralbank.org.sz). Foreigners may establish a bank account in Eswatini if they have established official residency in one of the CMA countries (Eswatini, South Africa, Lesotho, Namibia).There have been no bank closures or banks in jeopardy in the last three years. Hostile takeovers are uncommon, last occurring in 1996. (Note: Bank of Credit and Commerce International (BCCI) was taken over by FNB. End Note).																																				Foreign Exchange and Remittances																										Foreign Exchange						There are no limitations placed on foreign investors in converting, transferring, or repatriating funds associated with an investment, or on the inflow or outflow of funds for remittances. Dividends derived from current trading profits are freely transferable on submission of appropriate documentation to the Central Bank, subject to provision for the non-resident shareholder tax of 15 percent. Local credit facilities may not be utilized for paying dividends. Eswatini is part of the Common Monetary Area (CMA), which also includes South Africa, Namibia, and Lesotho. All capital transfers into Eswatini from outside the CMA require prior approval of the Central Bank to avoid problems in the subsequent repatriation of interest, dividends, profits, and other income accrued. Otherwise, there are no restrictions placed on the transfers.Eswatini mainly deals with three international currencies: the U.S. Dollar, the Euro, and the British Pound. The Swati Lilangeni is pegged 1:1 to the South African Rand, which is accepted as legal tender throughout Eswatini. To obtain foreign currency other than Rand, one must apply through an authorized dealer, and a resident who acquires foreign currency must sell it to an authorized dealer for the local currency within ninety days. No person is permitted to hold or deal in foreign currency other than authorized dealers, namely, First National Bank (FNB), Nedbank, Standard Bank, or Swazi Bank.Because the Lilangeni is pegged to the Rand, its value is determined by the monetary policy of the CMA, which is heavily influenced by the South African Reserve Bank.						Remittance Policies						There have been no recent changes to investment remittance policies. There are no specified time limitations on remittances. Once documentation is complete (e.g., latest company financial statements) and relevant taxes paid, SWIFT transfers require an average of one week, and other electronic transfers can take less than a week.The Swaziland Investment and Payment and Settlement System (SWIPSS) offers real-time transactions. SWIPSS, Eswatini’s Real Time Gross Settlement System, is an advanced interbank electronic payment system that facilitates the efficient, safe, secure, and real-time transmission of high-value funds in the banking sector. Direct access to SWIPSS is limited to only the four commercial banks, and these banks act as intermediaries for other financial institutions.As part of the government policy to attract foreign investment, dividends derived from current trading profits are freely transferable on submission of documentation (including latest annual financial statements of the company concerned) subject to provision for non-resident shareholders’ tax. Government does not issue dollar-denominated bonds. Otherwise, there are no limitations on the inflow and outflow of funds for remittances of profits or revenue.																										Sovereign Wealth Funds										Eswatini does not have a sovereign wealth fund as defined by international norms. Instead, its origins were to recapitalize colonial-era land to nationalize existing property for resettlement of local populations in the country and provide for a sovereign wealth fund equivalent function.In 1968, the late King Sobhuza II created a Royal Charter that governs the nominal “Sovereign Wealth Fund (SWF)” in Eswatini known as Tibiyo TakaNgwane primarily to protect land, ideology, culture and Swati tradition. This fund is not subject to government or parliamentary oversight. The fund does not provide information to the public on value of its assets, which sectors are invested, or details of financial performance. Its subsidiaries, however, are well known. Tibiyo TakaNgwane produces an internal annual report with financials, but it is not required by law to do so as it is not registered under the Companies Act of 1912. Tibiyo annual reports are not made public or submitted to any other state organ for debate or review. The SWF obtains independent audits at the discretion of its Board of Directors.Tibiyo TakaNgwane states in its objectives that it supports the government in fostering economic independence and self-sufficiency. It widely invests in the economy and holds shares in most major industries, e.g., sugar, real estate, beverages, dairy, hotels, and transportation. For its social responsibility practices, it provides scholarships to students. The SWF and the government co-invest to exercise majority control in many instances. Tibiyo TakaNgwane invests exclusively in the Eswatini economy and local subsidiaries of foreign companies. It has shares in several private companies. Foreign companies, including American companies, can and do form partnerships with Tibiyo, especially if the foreign company wants to raise capital and can manage the project on its own.																																												7. State-Owned Enterprises						    																						Eswatini has 49 SOEs, which are active in agribusiness, information and communication, energy, automotive and ground transportation, health, housing, travel and tourism, building education, business development, finance, environment, and  publishing, media, and entertainment . There is no online website of SOEs.The Eswatini government defines SOEs as private enterprises and separates them into two categories. Category A represents SOEs that are wholly owned by government. Category B represents SOEs in which government has a minority interest or which monitor other financial institutions or a local government authority. These categories are further broken down into profit-making SOEs with a focus on social responsibility, those that are profit-making and developmental, those that are regulatory, and those that are regulatory but developmental. SOEs purchase and supply goods and services to and from the private sector including to and from foreign firms. Those in which government is a minority shareholder are subject to the same tax burden and tax rebate policies as the private sector. The 1989 Public Enterprise Unit Act governs SOEs. The Boards of the respective SOEs review their budgets before tabling them to the relevant line ministry which in turn tables them to Parliament for scrutiny by the Public Accounts Committee. The Ministry of Finance’s Public Enterprise Unit (PEU) maintains a published list of SOEs, available on request from the PEU. SOEs do not receive non-market-based advantages from government.Eswatini SOEs generally conform to the OECD Guidelines on Corporate Governance for SOEs. Senior managers of SOEs report to the board and, in turn, the board reports to a line minister. The minister then works with the Standing Committee on Public Enterprise (SCOPE) which is composed of cabinet ministers. SOEs are governed by the Public Enterprises Unit Act which requires audits of the SOEs and public annual reports. Government is not involved in the day-to-day management of SOEs. Established boards of directors of SOEs exercise independence and responsibility. The Public Enterprise Unit provides regular monitoring of SOEs. The line minister of the SOE appoints the board. In some cases, the appointments are politically motivated. In some cases, the king appoints his own representative as well. Generally, court processes are nondiscriminatory in relation to SOEs.In 2022, as a cost-saving measure to save approximately US$110 million annually, the GKoE announced intentions to reform and merge the existing 49 SOEs to about 31 SOE entities organized roughly by sector. The process begins in 2023 with merging SOEs in the Ministry of Finance, combining the Central Bank and the Financial Services Regulatory Authority into a single regulatory body. This exercise is necessary to resuscitate the economy and improve the fiscal posture for funding social and economic development. It will also mitigate monetized mandates of SOEs but focus on government’s core business – its development mandate.																										Privatization Program										The International Monetary Fund (IMF) has long advised the Eswatini government to privatize SOEs, particularly in the telecommunications sector and the electricity sector. In response, the government has passed several laws and privatization efforts are advancing. For example, since Eswatini Post and Telecommunications Corporation was unbundled and Eswatini Mobile (formerly Swazi Mobile) was launched in 2016, prices for cellular services have come down and mobile and data offerings have improved in the country facilitated by government oversight through Eswatini Communications Commission (ESCCOM) regulation. Following the unbundling, additional companies have entered the market and increased competition has brought down prices further.The policies and reforms that Eswatini energy (ESERA) and telecommunications (ESCCOM) regulators are pursuing to promote innovation and competition in their respective industries will be important barometers on the extent to which those markets will prove to be friendly for international investors. Sectors and timelines for additional future privatization exist but have not been published. The National Development Plan 2023-2028 lays out guidelines and parameters for government to pursue a consolidated development framework, including plans for privatization.The government is working to reduce the country’s dependence on foreign electricity by promoting renewable energy production through privatization of generation, distribution, and retail electricity functions. Eswatini imports the bulk of its electricity from South Africa and Mozambique, reaching 100 percent importation during a recent drought as domestic production comes predominantly from hydropower. With assistance from USAID’s Southern Africa Energy Program (SAEP), the government has developed a National Grid Code and a Renewable Energy and Independent Power Producer (RE&amp;IPP) Policy to provide a framework for the sector and incentivize investors.																																												8. Responsible Business Conduct						    																						The Swati government encourages foreign and local enterprises to follow generally accepted responsible business conduct (RBC) principles. Multinational enterprises in the country have robust standards for RBC, and consumers often recognize their efforts; however, smaller domestic companies are less likely to have RBC programs. The Development Approval Order, which is part of the income tax law, allows a company to receive a tax rate discounted by up to 10 percent if it makes significant RBC investments. Government enforcement is sporadic, but generally does not vary based on whether a company is domestic or foreign. Requirements are not waived to attract foreign investment. The government does not have corporate governance, accounting, and executive compensation standards to protect shareholders. There are no independent NGOs monitoring RBC.The local courts are responsible for ensuring human rights, labor rights, consumer protection, environmental protections, and other laws/regulations intended to protect individuals from adverse business impacts. The courts have not demonstrated a bias against foreign-owned corporations.The mining sector of Eswatini does not have enough economic significance to warrant special consideration by the government. It is treated consistently with other sectors of similar size.																																		9. Corruption						    																						The Prevention of Corruption Act and the Swaziland Public Procurement Act are the two laws that combat corruption by all persons, including public officials. The Public Procurement Act prohibits public sector workers and politicians from supplying the government with goods or services; however, this prohibition does not extend to family members of officials. The government was inconsistent in its investigation, prosecution, and punishment of officials who allegedly engaged in government corruption. Allegations of corruption most of ten involved abuse of personal relationships and bribes to secure government contracts on large capital projects. There were reports that a person’s relationship with government officials influenced the awarding of government contracts, the appointment and promotion of officials, recruitment into the security services, and school admissions. The government’s National Development Plan cited corruption as a primary factor impeding the rule of law and development.According to Section 27 of the Public Procurement Regulations, suppliers are prohibited from offering gifts or hospitality, directly or indirectly, to staff of a procuring entity, members of the tender board, and members of the Eswatini Public Procurement Regulatory Agency (ESPPRA). While avoiding conflict of interest and establishing codes of conduct are policies that are encouraged, they are not effectively enforced. Some companies use internal controls and audit compliance programs to try to track and prevent bribery. Internal codes of conduct are not a statutory requirement.Eswatini is a signatory to the African Union Convention on Preventing and Combating Corruption and Related Offenses and the SADC Protocol against Corruption. Eswatini has signed and ratified the UN Anticorruption Convention, but it is not party to the OECD Anti-Bribery Convention.The Anti-Corruption Commission (ACC) is legally allowed to investigate corruption and does so. The ACC does not provide protection to NGOs involved in investigating corruption. Given the commission’s current capacity, “government procurement” is the most likely area to find corruption in Eswatini. The global competitiveness report ranks Swaziland 79 of 140 countries on incidence of corruption. Transparency International reports Eswatini as the 14th least corrupt country in Africa.No U.S. firms have reported or identified corruption as an obstacle to FDI.																										Resources to Report Corruption										Contact at the government agency or agencies that are responsible for combating corruption:Dan DlaminiCommissionerEswatini Anti-Corruption Commission3rd Floor, Mbandzeni House, Mbabane+268-2404-3179/0761																																												10. Political and Security Environment						    																						The Commission of Human Rights and Public Accountability (CHRPA) issued a report in 2021 regarding civil unrest. The report documented 46 confirmed deaths and 245 confirmed injured during the unrest. The commission stated it found human rights abuses were perpetrated during the unrest and concluded, in responding to unrest, security forces used lethal force indiscriminately on protesters and members of the public who were not part of the protests. The unrest significantly impacted economic, social, and environmental development in the country, adding to the challenges of recovering simultaneously from the combined effects of HIV and COVID-19.During and since the unrest in 2021, targeted attacks by unknown persons against property and infrastructure projects have had a dampening impact on some segments of the investment climate, according to the IMF  https://www.imf.org/en/Countries/SWZ  and the July 2022 Technical Assistance Report on Government Finance Statistics Mission.National elections will occur in 2023 and political and social unrest remains a possibility. Crime is common in Eswatini and sporadic armed robberies and carjackings do occur. Local police may lack the resources to deal effectively with criminal incidents. Eswatini experienced multiple disruptive protests and demonstrations in July 2021. While the situation has mostly remained calm since that time, travelers are reminded to avoid all protests, even peaceful ones, as they could have the potential to turn violent with little or no notice.																																		11. Labor Policies and Practices						    																						There are 138,000 employees in the private sector. The civil service currently has about 40,000 permanent employees, of which about 5,000 are part-time personnel in various sectors.The unemployment rate of Eswatini is 33.3%, according to the National Development Plan in 2022, increased from 23% in 2016, and youth unemployment is at a staggering 58.2% (Integrated Labor Force Survey, 2021, NDP 2022).In March 2022, the government published a first-ever National Skills Audit Report, referred to as skills gaps and referenced frequently,  https://www.separc.co.sz/2022/04/11/the-national-skills-audit-report-is-here/ . The report concludes that the sectors most affected by skills mismatch are agriculture and agro-processing, manufacturing, ICT, education, and tourism.The size of Eswatini&#8217;s informal economy is estimated to be 40.9% which represents approximately $4 billion at GDP purchase power parity levels.The health sector imports the most skills (34%) in the country, the majority of at the master’s or PhD level. The wholesale and retail sector is also a large importer of skills (12%), followed by the manufacturing sector (11%), and the agriculture, forestry, and fishing (8%).The Ministry of Labor and Social Security’s Training and Localization Unit requires the hiring of qualified Swati workers where possible, even at executive positions. The mandate of the unit is to ensure the maximum utilization of local labor force resources and to formulate training plans in conjunction with industries to maximize employment. It also facilitates and provides information on the process of obtaining work permits. Foreign investors are required to apply for residence and work permits.The Eswatini Employment Act allows for various adjustments due to market conditions. These conditions vary by industry and are specific on circumstances layoff, severance, and termination. Recently Eswatini has prioritized the establishment of an Unemployment Benefit Fund, as a step towards comprehensive social protection for all. This intervention seeks to establish a gender-inclusive unemployment protection system as part of Eswatini comprehensive national social security and social protection policy.Eswatini labor law does not have provisions for the waiving of labor law to attract or retain investment. For special economic zones the provisions are of a higher magnitude as all employees are expected to be within the income tax bracket of minimum income (US$ 2,800 annually).Collective bargaining is a cornerstone of the current labor relations framework.The labor dispute resolution mechanism consists of two layers with CMAC being the lower mechanism and the industrial court being the alternative. These mechanisms have a statute of limitation of 18 months. More information can be found on  http://www.cmacswaziland.com/ .On several occasions in November and December 2022, the Swaziland Transport Communication and Allied Workers Union (SWATCAWU) and the Eswatini Kombi and Buses Allied Workers Union (EKABAWU) conducted a nationwide shutdown of public transport to protest the continued detention and prosecution of two reformist members of parliament, as well as a variety of legitimate labor concerns. The government declared these strikes illegal and have established warrants for the arrest of union leaders.Although there is significant improvement necessary on government-labor relations and legitimate concerns with labor bashing, there are no serious questions of compliance with international labor standards that pose a reputational risk to investors. The International Labor Organization collaborated with the Ministry of Labor and the Trade Union Congress of Eswatini (TUCOSWA) on a Decent Work Country Program 2022-2025 assisting citizens in recovering from the combined effects of HIV and COVID-19 and accommodating changes in work patterns such as increased virtual work. The DWCP contains four pillars of focus: employment creation, social protection, rights at work, and social dialogue.  https://www.ilo.org/africa/countries-covered/swaziland/WCMS_862507/lang&#8211;en/index.htm In 2022, the government published legal notice 312-2022 establishing a task team to combat the worst forms of child labor. An Employment Bill is pending in parliament.																																		12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs						    																						There is strong potential for a DFC program in Eswatini, particularly in the renewable energy industry; however, there has been not yet been a DFC (or OPIC) project in Eswatini. The GKoE has demonstrated a commitment towards encouraging private sector investment.																																		13. Foreign Direct Investment and Foreign Portfolio Investment Statistics						    																						Table 2: Key Macroeconomic Data, U.S. FDI in Host Country/EconomyHost Country Statistical source*USG or international statistical sourceUSG or International Source of Data:BEA; IMF; Eurostat; UNCTAD, OtherEconomic DataYearAmountYearAmountHost Country Gross Domestic Product (GDP) ($M USD)2020$3.97Billion2020$3.97 billion www.worldbank.org/en/country *Host Country Statistical Source: Central Bank of EswatiniTable 3: Sources and Destination of FDIDirect Investment from/in Counterpart Economy DataInward Direct InvestmentOutward Direct InvestmentTotal InwardAmount100%Total OutwardAmount100%Eswatini$14 million9.9%U.S.-$.4 millionunchanged%																																		14. Contact for More Information						    																						Mr. John P JenksPolitical / Economic ChiefUS Embassy Mbabane+268 2417 9663MbabanePolEcon@state.gov jenksjp@state.gov 																										    							View report by:																				Albania											Algeria											Andorra											Angola											Antigua and Barbuda											Argentina											Armenia											Australia											Austria											Azerbaijan											The Bahamas											Bahrain											Bangladesh											Barbados											Belarus											Belgium											Belize											Benin											Bolivia											Bosnia and Herzegovina											Botswana											Brazil											Brunei											Bulgaria											Burkina Faso											Burma											Burundi											Cabo Verde											Cambodia											Cameroon											Canada											Chile											China											Colombia											Costa Rica											Côte d’Ivoire											Croatia											Cyprus											Czechia											Democratic Republic of the Congo											Denmark											Djibouti											Dominica											Dominican Republic											Ecuador											Egypt											El Salvador											Equatorial Guinea											Eritrea											Estonia											Eswatini											Ethiopia											Fiji											Finland											France and Monaco											The Gambia											Gabon											Georgia											Germany											Ghana											Greece											Grenada											Guatemala											Guinea											Guyana											Honduras											Haiti											Hong Kong											Hungary											Iceland											India											Indonesia											Iraq											Ireland											Israel											Italy											Jamaica											Japan											Jordan											Kazakhstan											Kenya											Kosovo											Kyrgyz Republic											Laos											Latvia											Lebanon											Lesotho											Liberia											Libya											Lithuania											Luxembourg											Macau											Madagascar											Malawi											Malaysia											Maldives											Mali											Malta											Marshall Islands											Mauritania											Mauritius											Mexico											Micronesia											Moldova											Mongolia											Montenegro											Morocco											Mozambique											Namibia											Netherlands											Nepal											New Zealand											Nicaragua											Niger											Nigeria											North Macedonia											Norway											Oman											Pakistan											Palau											Panama											Papua New Guinea											Paraguay											Peru											Philippines											Poland											Portugal											Qatar											Republic of the Congo											Romania											Rwanda											Saint Kitts and Nevis											Saint Lucia											Saint Vincent and the Grenadines											Samoa											Sao Tome and Principe											Saudi Arabia											Senegal											Serbia											Seychelles											Sierra Leone											Singapore											Slovakia											Slovenia											Somalia											South Africa											South Korea											South Sudan											Spain											Sri Lanka											Suriname											Sweden											Switzerland											Taiwan											Tajikistan											Tanzania											Thailand											Timor-Leste											Togo											Trinidad and Tobago											Tunisia											Türkiye											United Arab Emirates											Uganda											Ukraine											United Kingdom											Uruguay											Uzbekistan											Vietnam											West Bank and Gaza											Zambia											Zimbabwe															Build A Custom Report																						On This Page				search													>																										EXECUTIVE SUMMARY																1. Openness To, and Restrictions Upon, Foreign Investment																																							Policies Towards Foreign Direct Investment																																																						Limits on Foreign Control and Right to Private Ownership and Establishment																																																						Other Investment Policy Reviews																																																						Business Facilitation																																																						Outward Investment																																																			2. Bilateral Investment and Taxation Treaties																3. Legal Regime																																							Transparency of the Regulatory System																																																						International Regulatory Considerations																																																						Legal System and Judicial Independence																																																						Laws and Regulations on Foreign Direct Investment																																																						Competition and Antitrust Laws																																																						Expropriation and Compensation																																																						Dispute Settlement																																																				ICSID Convention and New York Convention																																												Investor-State Dispute Settlement																																												International Commercial Arbitration and Foreign Courts																																																																																				Bankruptcy Regulations																																																			4. Industrial Policies																																							Investment Incentives																																																						Foreign Trade Zones/Free Ports/Trade Facilitation																																																						Performance and Data Localization Requirements																																																			5. Protection of Property Rights																																							Real Property																																																						Intellectual Property Rights																																																			6. Financial Sector																																							Capital Markets and Portfolio Investment																																																						Money and Banking System																																																						Foreign Exchange and Remittances																																																				Foreign Exchange																																												Remittance Policies																																																																																				Sovereign Wealth Funds																																																			7. State-Owned Enterprises																																							Privatization Program																																																			8. Responsible Business Conduct																9. Corruption																																							Resources to Report Corruption																																																			10. Political and Security Environment																11. Labor Policies and Practices																12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs																13. Foreign Direct Investment and Foreign Portfolio Investment Statistics																14. Contact for More Information																						Tags																					Bureau of African Affairs																								Bureau of Economic and Business Affairs																								Eswatini
- Eswatini HomeReportsBureau of Economic and Business Affairs2023 Fiscal Transparency Report&#8230;Eswatini				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Fiscal Transparency Report: Eswatini																																					Bureau of Economic and Business Affairs																																																																																																				 In this section																																												Government-by-Government Assessments: Eswatini																																												Government-by-Government Assessments: Eswatini				During the review period, the government published its enacted budget within a reasonable period. However, the executive budget proposal and the end-of-year report were not publicly available within a reasonable period. Information on debt obligations, excluding major state-owned enterprise debt, was publicly available online. While budget documents provided a general picture of government revenues and expenditures including for state-owned enterprises, expenditures for royal emoluments were not broken down. The budget broke down expenditures by ministry.Information in the budget was considered generally reliable. Budget execution reasonably aligned to budget projections. The military budget was subject to civilian public oversight. The government’s supreme audit institution published an audit report within a reasonable period, but it the institution lacked independence that met international standards and its audits did not cover the entire annual executed budget. The government outlined in law or regulation the criteria and procedures for awarding natural resource extraction licenses and contracts, but the opacity of the procedures cast doubt on whether the government followed the law in practice. Basic information on natural resource extraction awards was not always publicly available. It is not clear whether sovereign wealth funds had sound legal frameworks, and they did not disclose sources of funding or general approaches to withdrawals. Basic information on natural resource extraction awards was not always publicly available. It is not clear whether sovereign wealth funds had sound legal frameworks, and they did not disclose sources of funding or general approaches to withdrawals.Eswatini’s fiscal transparency would be improved by:Publishing the executive budget proposal and end-of-year report online within a reasonable period;Publishing debt information of major state-owned enterprises;Breaking down expenditures to support executive offices in the budget;Ensuring the supreme audit institution meets international standards of independence and its reports cover the entire annual executed budget;Consistently making basic information on natural resource extraction awards publicly available;Following natural resource extraction laws and regulations in practice; andEnsuring sovereign wealth funds have a sound legal framework and disclose their sources of funding and general approach to withdrawals.																												    							View report by:																				Afghanistan											Algeria											Angola											Azerbaijan											Bahrain											Bangladesh											Benin											Burma											Burundi											Cambodia											Cameroon											Central African Republic											Chad											China, People’s Republic of											Comoros											Congo, Democratic Republic of											Congo, Republic of the											Djibouti											Egypt											Equatorial Guinea											Eswatini											Ethiopia											Gabon											The Gambia											Guinea											Guinea-Bissau											Iraq											Laos											Lebanon											Lesotho											Liberia											Libya											Madagascar											Malawi											Mali											Maldives											Mauritania											Mongolia											Mozambique											Niger											Oman											Pakistan											Palestinian Authority											Papua New Guinea											Rwanda											Sao Tome and Principe											Saudi Arabia											Senegal											Sierra Leone											Somalia											South Africa											South Sudan											Sudan											Tajikistan											Tanzania											Turkmenistan											Ukraine											Uzbekistan											Vietnam											Yemen											Zambia											Zimbabwe																										On This Page				search													>																										Government-by-Government Assessments: Eswatini																	Tags																					Bureau of African Affairs																								Bureau of Economic and Business Affairs																								Division for International Finance and Development																								Eswatini
- Eswatini HomeReportsOffice to Monitor and Combat Trafficking in Persons2023 Trafficking in Persons Report&#8230;Eswatini				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Trafficking in Persons Report: Eswatini																																					Office to Monitor and Combat Trafficking in Persons																																																																																																				 In this section										/																							ESWATINI (Tier 2 Watch List)																																													ESWATINI (Tier 2 Watch List)																															PRIORITIZED RECOMMENDATIONS:																																																																																		PROSECUTION																																																																																		PROTECTION																																																																																		PREVENTION																																																																																		TRAFFICKING PROFILE:																																																																																																								ESWATINI (Tier 2 Watch List)				The Government of the Kingdom of Eswatini does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.  These efforts included establishing multi-agency emergency response teams (ERTs) to respond to trafficking victim identification.  However, the government did not demonstrate overall increasing efforts compared with the previous reporting period, even considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity.  Lack of government coordination and effective leadership of the Prevention of People Trafficking and Smuggling Secretariat (Secretariat) continued to hinder trafficking efforts.  The government did not allocate funding for the Prevention of People Trafficking and People Smuggling Task Force (Task Force) to coordinate anti-trafficking efforts.  The lack of specialized anti-trafficking training for front-line officers continued to hamper anti-trafficking efforts.  Serious allegations of trafficking and abuse of trafficking victims by senior government officials in protection roles remained pending prosecution for multiple years.  The first shelter for victims of trafficking and GBV refurbished in a collaborative effort with foreign donor-support remained inoperable for the second consecutive year.  Therefore Eswatini remained on Tier 2 Watch List for the second consecutive year.																																					PRIORITIZED RECOMMENDATIONS:						    																																															Increase efforts to investigate, prosecute, and convict traffickers, including allegedly complicit officials. Launch and operationalize the refurbished shelter dedicated to providing care for victims of trafficking and GBV, including by utilizing shelter guidelines, management plans, and government resources to ensure sustainability of operations. Appoint a new Protection Officer in the Secretariat to ensure trafficking victims are appropriately identified and referred to services. Train law enforcement, social workers, prosecutors, magistrates, immigration officers, and other front-line officials to proactively identify trafficking victims among vulnerable populations, including at-risk children, migrants, and Cuban medical workers, and refer all identified trafficking victims to appropriate protection services. Evaluate the effectiveness of the National Strategic Framework and Action Plan (NSFAP) to Combat People Trafficking (2019-2023) and renew and launch an updated National Action Plan. Increase coordination and adequately fund mandated activities of the Secretariat and the Task Force to enable the Task Force to fulfill its statutory responsibilities.  Strengthen coordination with civil society on victim protection, including by partnering with local NGOs. Improve trafficking data collection and analysis of anti-trafficking law enforcement efforts. Conduct anti-trafficking public awareness campaigns. Amend the Employment Act to create strong regulations and oversight mechanisms of labor recruitment companies, including by eliminating recruitment fees charged to migrant workers and holding fraudulent labor recruiters criminally accountable.																																												PROSECUTION						    																																															The government maintained minimal anti-trafficking law enforcement efforts.  The 2009 People Trafficking and People Smuggling (Prohibition) Act criminalized sex trafficking and labor trafficking and prescribed penalties of up to 20 years’ imprisonment for offenses involving an adult victim and up to 25 years’ imprisonment for those involving a child victim.  These penalties were sufficiently stringent and, with regard to sex trafficking, commensurate with those prescribed for other serious crimes, such as rape.  The Sexual Offences and Domestic Violence Act prescribed penalties of up to 20 years’ imprisonment, a fine of up to 100,000 emalangeni ($5,900), or both for the commercial sexual exploitation of an adult and up to 25 years’ imprisonment with no option of a fine if the offense involved a child.The government initiated one labor trafficking investigation and continued seven investigations from previous reporting periods, compared with two investigations initiated in the previous reporting period.  The government reported initiating prosecution of two suspects for labor trafficking and continuing prosecutions of three suspects from the previous reporting period.  This compared with prosecuting three suspects in the previous reporting period.  The government convicted three traffickers, compared with five convictions in the previous reporting period; traffickers received sentences of five to 55 years’ imprisonment under the anti-trafficking law.  Prior court closures due to the pandemic and civil unrest continued to cause significant delays in the judicial process.Corruption and official complicity in trafficking crimes remained significant concerns, inhibiting law enforcement efforts.  In recent years, senior government officials were investigated, prosecuted, and convicted for trafficking crimes or the abuse of trafficking victims under the care of the government; however, these cases faced significant delays due to a backlog of court cases.  For the fourth consecutive year, a criminal prosecution remained pending against the government’s senior protection officer employed in the Secretariat who allegedly threatened and assaulted three foreign trafficking victims residing in the government’s temporary shelter in 2019.  For the third consecutive year, criminal prosecution remained pending against the Director of the National Children’s Coordination Unit in the Deputy Prime Minister’s office for allegedly kidnapping, trafficking, and sexually assaulting a child from 2017 through 2019.  Both officials remained employed but suspended with full pay at the end of the reporting period.  Additionally, there were reports from prior reporting periods of immigration officials soliciting bribes to issue government documents, such as visas.Systemic judicial issues, including a weak case management and coordination system, a shortage of judges, magistrates, prosecutors, and courtrooms, and lack of access to legal representation for crime victims contributed to delays in all cases, including trafficking.  Rural women often faced substantial obstacles obtaining relief for various crimes, potentially including human trafficking, because communities pursued family intervention outside of the courts first and then used traditional courts, which often stigmatized female victims due to social norms.  Observers continued to report the lack of collaboration of leadership by the Head of the Secretariat impeded anti-trafficking law enforcement efforts, resulting in some officials circumventing the Secretariat to facilitate initiatives and communication between members of the Task Force.  The Prime Minister’s office provided ad hoc workshops for immigration officers to raise awareness on human trafficking, but officers did not receive formalized training.																																												PROTECTION						    																																															The government maintained victim protection efforts.  The government identified seven trafficking victims, including six from Mozambique and one from Ghana, and referred all victims to services, compared with seven victims identified and one referred to services during the previous reporting period.  The government coordinated with the Government of Nigeria to repatriate one potential trafficking victim and the Government of Mozambique to repatriate trafficking victims and investigate cross-border trafficking cases.  The government had an NRM and reported using it to identify and refer victims to services; however, observers reported front-line officials lacked basic awareness of human trafficking and victim identification and referral procedures.  Government officials reported proactively screening for trafficking at the airport, although they did not identify any victims.The government’s centralized response to human trafficking and staffing gaps limited its capacity to identify victims.  As proscribed by the NRM, front-line officials were required to report all victim identifications to the Secretariat’s protection officer to consult with victims during screening and coordinate services.  However, during the previous two reporting periods, the protection officer position remained vacant; in response, other members of the Secretariat assumed these duties without sufficient training to engage directly with victims.  Magistrates were responsible for issuing victim protection orders required for victim certification and hearing cases against traffickers, requiring victims to cooperate with law enforcement to receive care.  It was not reported if magistrates received training on victim identification.  In February 2023, the government established multi-agency ERTs, composed of front-line government officials, in all four regions to coordinate emergency services and facilitate victim certification.  In partnership with an international organization, the government provided anti-trafficking training to ERTs during the reporting period.  Government-provided victim protection services were concentrated in Manzini and Mbabane, limiting victim’s access to services and stretching government resources, particularly when court proceedings were in different provinces.The government and NGOs provided care for victims, both foreign and Swati, including shelter, basic necessities, counseling, and medical care.  Trafficking victims could access services available to GBV and crime victims.  The government operated one shelter that provided short-term care for up to 24 crime victims; however, observers reported conditions at the shelter were inadequate to house victims, particularly for longer stays.  When the government shelter was full, the government placed victims with family members or in three NGO-operated shelters that may not have had the resources to care for trafficking victims.  The government did not provide financial or in-kind support to these shelters.  Government officials reported difficulties in obtaining shelter for male trafficking victims.Through a multi-stakeholder approach, an international organization assisted the government to refurbish a shelter to house victims of trafficking and GBV with funding from a foreign donor.  In the previous reporting period, the government assumed responsibility to operationalize the shelter through finalizing shelter guidelines and management plans, conducting routine building maintenance and providing furnishings, and dedicating resources for day-to-day operations.  Shelter guidelines finalized by the Secretariat awaited adoption for the second consecutive year.  The government contributed 2.3 million emalangeni ($135,710) to shelter renovations during the reporting period and allocated an unknown amount of funding for the shelter’s utilities.  The government purchased some furnishings; however, these works remained incomplete and all shelter staff positions remained vacant, leaving the shelter inoperable for the second consecutive year.  In preparation for operationalizing the shelter, the government, in partnership with an international organization, hosted a three-day training for ERTs on the protection and referral of trafficking victims to the shelter.The government had procedures to assist victim-witnesses during the court process, including court preparation, translation services, counseling, and use of recorded video testimony, but did not report providing any protection services to victim-witnesses.  The Secretariat’s staff regularly transported victims across the country to participate in investigations and prosecutions.  The government did not have formal procedures to provide residency to foreign trafficking victims but could do so on an ad hoc basis.  The government continued to allocate 80,000 emalangeni ($4,720) annually to a victim protection fund used for victim services.  Victims could sue for compensation through filing a civil lawsuit against their trafficker or the government, but none did so during the reporting period.&nbsp;																																												PREVENTION						    																																															The government maintained minimal efforts to prevent trafficking.  The Task Force, composed of government ministries and international organizations, coordinated anti-trafficking efforts and met regularly.  The Secretariat, housed within the Prime Minister’s office, was mandated to lead the Task Force’s efforts; however, the Secretariat did not always participate in Task Force coordination efforts.  Long-standing bureaucratic delays and communication gaps between the Secretariat and the Task Force continued to hamper coordination efforts.  In addition, while Task Force member agencies had individual mandates to address trafficking, they did not receive funding to implement such efforts.  The Secretariat had an allocated budget and five dedicated staff focused on implementing the government’s anti-trafficking efforts; however, only a portion of its funding was disbursed during the reporting period, which hindered coordination efforts.   The government continued to implement its NSFAP (2019-2023) and formed a committee to evaluate implementation efforts.  It was not reported if funding was devoted to support NSFAP implementation.  Observers reported the government’s limited partnership with local NGOs, including a lack of NGO representation on the Task Force and outreach to district stakeholders, hindered overall efforts.The government held two events, in partnership with an international organization and a religious institution, in Manzini and Malkerns to raise public awareness, providing informational materials in English and siSwati.  While the government reported operating a trafficking-specific hotline, several observers reported it was not operational.  In partnership with an international organization, the government developed a joint action plan on human trafficking and migrant smuggling with the Government of Mozambique.  The government reported contributing information to a regional centralized anti-trafficking database.  The government did not have policies and procedures to regulate labor recruiters and brokers and permitted charging fees to workers.  Labor inspectors received training on identifying forced labor and child labor; however, they did not have any funds dedicated for inspections.  The government did not make efforts to reduce the demand for commercial sex.  The government reported providing anti-trafficking training to its diplomatic personnel.																																												TRAFFICKING PROFILE:						    																																															 As reported over the past five years, human traffickers exploit domestic and foreign victims in Eswatini, and traffickers exploit victims from Eswatini abroad.  Traffickers target vulnerable communities, particularly those with high HIV/AIDS prevalence rates.  Traffickers exploit Swati girls, particularly orphans, in sex trafficking and domestic servitude, primarily in Eswatini and South Africa.  Some Swati girls in forced domestic work are physically and sexually abused by their employers.  Sex traffickers exploit orphaned Swati girls in in exchange for food and money.  Traffickers force Swati boys and foreign children to labor in agriculture, including cattle herding, and market vending within the country.  Swati boys, particularly in rural areas, who work on small marijuana (“Dagga”) farms, are vulnerable to exploitative employers.  Swati children may face difficulties in accessing assistance due to the lack of citizenship documentation.  Mozambican boys migrate to Eswatini for work washing cars, herding livestock, and portering; traffickers exploit some of these boys in forced labor.  Mozambican business owners exploit other Mozambicans in forced labor in small retail businesses in Manzini.  Cuban nationals working on medical missions in Eswatini may have been forced to work by the Cuban government.  Traffickers use Eswatini as a transit country to transport foreign victims, primarily Mozambicans, to South Africa for forced labor.  Traffickers reportedly force Mozambican women into sex trafficking in Eswatini, or transport them through Eswatini to South Africa.  Traffickers entrap Swati victims with promises of economic opportunities in Eswatini or abroad, particularly South Africa.  Some traffickers exploit Emaswati in sex trafficking, including orphans and girls from low-income families, who voluntarily migrate in search of work, particularly in South Africa.  Reports suggest labor brokers fraudulently recruit and charge excessive fees to Emaswati for work in South African mines, which are common tactics used by traffickers.  Traffickers recruit Swati men in border communities for forced labor in South Africa’s timber industry.  Previous reports indicate Swati students were fraudulently recruited for educational opportunities in Taiwan and coerced to work in exploitative conditions in chicken factories.																																				    							View report by:																				Afghanistan											Albania											Algeria											Angola											Antigua and Barbuda											Argentina											Armenia											Aruba											Australia											Austria											Azerbaijan											The Bahamas											Bahrain											Bangladesh											Barbados											Belarus											Belgium											Belize											Benin											Bhutan											Bolivia											Bosnia and Herzegovina											Botswana											Brazil											Brunei											Bulgaria											Burkina Faso											Burma											Burundi											Cabo Verde											Cambodia											Cameroon											Canada											Central African Republic											Chad											Chile											China											Colombia											Comoros											Costa Rica											Cote d&#8217;Ivoire											Croatia											Cuba											Curaçao											Cyprus											Czech Republic											Democratic Republic of the Congo											Denmark											Djibouti											Dominican Republic											Ecuador											Egypt											El Salvador											Equatorial Guinea											Eritrea											Estonia											Eswatini											Ethiopia											Fiji											Finland											France											Gabon											The Gambia											Georgia											Germany											Ghana											Greece											Guatemala											Guinea											Guinea-Bissau											Guyana											Haiti											Honduras											Hong Kong											Hungary											Iceland											India											Indonesia											Iran											Iraq											Ireland											Israel, West Bank and Gaza											Italy											Jamaica											Japan											Jordan											Kazakhstan											Kenya											Kosovo											Kuwait											Kyrgyzstan											Laos											Latvia											Lebanon											Lesotho											Liberia											Libya											Lithuania											Luxembourg											Macau											Madagascar											Malawi											Malaysia											Maldives											Mali											Malta											Marshall Islands											Mauritania											Mauritius											Mexico											Micronesia, Federated States of											Moldova											Mongolia											Montenegro											Morocco											Mozambique											Namibia											Nepal											Netherlands											New Zealand											Nicaragua											Niger											Nigeria											North Korea											North Macedonia											Norway											Oman											Pakistan											Palau											Panama											Papua New Guinea											Paraguay											Peru											Philippines											Poland											Portugal											Qatar											Republic of the Congo											Romania											Russia											Rwanda											Saint Lucia											Saint Vincent and the Grenadines											Saudi Arabia											Senegal											Serbia											Seychelles											Sierra Leone											Singapore											Sint Maarten											Slovakia											Slovenia											Solomon Islands											Somalia											South Africa											South Korea											South Sudan											Spain											Sri Lanka											Sudan											Suriname											Sweden											Switzerland											Syria											Taiwan											Tajikistan											Tanzania											Thailand											Timor-Leste											Togo											Tonga											Trinidad and Tobago											Tunisia											Turkey											Turkmenistan											Uganda											Ukraine											United Arab Emirates											United Kingdom											United States											Uruguay											Uzbekistan											Vanuatu											Venezuela											Vietnam											Yemen											Zambia											Zimbabwe																										On This Page				search													>																										ESWATINI (Tier 2 Watch List)																PRIORITIZED RECOMMENDATIONS:																																																	PROSECUTION																																																	PROTECTION																																																	PREVENTION																																																	TRAFFICKING PROFILE:																																																							Tags																					Bureau of African Affairs																								Eswatini																																Human Trafficking																															Office to Monitor and Combat Trafficking in Persons