Eswatini’s top court has ruled that migrants deported from the United States to the African kingdom last July are entitled to visits from a local lawyer, a judgment seen by AFP on Friday showed. The tiny country has taken in 19 men as part of US deals with several African nations to accept migrants under a third-country deportation programme widely criticised by rights groups.
The government lost its appeal against an earlier ruling allowing Eswatini human rights lawyer Sibusiso Nhlabatsi to visit the first group of five deported men. One of them, a Jamaican national, has since been returned to the Caribbean island. According to the Human Rights Watch, African governments should refuse to accept US deportees and terminate existing deals.
Deportation Programme Criticised
The US-based migration lawyer Alma David, who represents some of the other detainees, said the fact that it took nearly nine months of litigation and a decision by the top court to achieve these visits speaks volumes about how hard the government of Eswatini is fighting to deny these men the most basic of rights. Rights group Amnesty International said the ruling was welcome but insufficient, urging Eswatini to end what it called a deeply abusive deportation scheme.
International Law Guarantees
No one should be transferred to a country in violation of international law guarantees, then detained in secrecy without clear legal process, access to lawyers, and protection against onward unlawful removal. The situation has sparked widespread criticism, with many calling for an end to the third-country deportation programme.
Some of the key concerns surrounding the programme include:
- Lack of access to legal counsel for deportees
- Insufficient protection against human rights violations
- Unclear legal process for detention and deportation
Eswatini, formerly known as Swaziland and landlocked between South Africa and Mozambique, has been led by King Mswati III since 1986. His government has been accused of human rights violations.
