Freedom in the World 2024 - Eswatini

NOT FREE
17
/ 100
Political Rights 1 / 40
Civil Liberties 16 / 60
LAST YEAR'S SCORE & STATUS
17 / 100 Not Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
 
 

Overview

Eswatini is a monarchy currently ruled by King Mswati III. The king exercises ultimate authority over all branches of the national government and effectively controls local governance through his influence over traditional chiefs. Political dissent and civic and labor activism are subject to harsh punishment under sedition and other laws. Additional human rights problems include impunity for the abuses committed by security forces and discrimination against women and LGBT+ people.

Key Developments in 2023

  • In January, Thulani Maseko, a prominent human rights lawyer and chairman of the prodemocracy Multi-Stakeholder Forum, was killed at his home. His murder was widely condemned by human rights groups and lawyers’ associations, and remained unsolved at the end of the year.
  • In June, two former legislators known for their outspoken support of prodemocracy protests were found guilty of terrorism, sedition, and causing the deaths and destruction of property that took place during prodemocracy riots in June 2021.
  • In September, Eswatini held parliamentary elections under the unreformed Tinkhundla political system, which excludes political parties. The African Union (AU) observer mission declared the elections were held peacefully, but recommended that Eswatini’s government review its legislation to enable political parties to participate in future elections.

Political Rights

A Electoral Process

A1 0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 0 / 4

The king is the chief executive authority and is empowered to appoint and dismiss the prime minister and members of the cabinet. Mswati III took the throne in 1986, four years after the death of his father, King Sobhuza II.

The prime minister is ostensibly the head of government but has little power in practice. The position is occupied mostly by members of the ruling Dlamini clan, and is currently held by Russell Mmiso Dlamini, the former head of the National Disaster Management Agency (NDMA). Dlamini was appointed by the King Mswati at the conclusion of the Isibaya, a traditional gathering where citizens express their views to the king and his advisors, that was convened after the September 2023 parliamentary elections.

A2 0-4 pts
Were the current national legislative representatives elected through free and fair elections? 0 / 4

The 73-member House of Assembly, the lower chamber of the bicameral Parliament, includes 59 members elected by popular vote within the Tinkhundla system, which allows local chiefs to vet candidates and influence outcomes in practice; the king appoints 10 members. If female representation does not exceed 30 percent of the lower house, an additional four women may be elected by the body. The king appoints 20 members of the 30-seat Senate, the upper chamber, and the remainder of its members are selected by the House of Assembly.

Eswatini held parliamentary elections in September 2023, the ninth elections since the Tinkhundla political system was introduced in 1978. The AU sent an election observer mission, which endorsed the elections and said they were conducted peacefully but recommended a review of the legislation that prohibits the participation of political parties.

Although parties cannot legally register and participate in elections, some political associations exist without legal recognition. The Sive Siyinqaba National Movement and Swaziland Liberation Movement (SWALIMO) allowed their members to individually participate in the 2023 elections, but other political associations boycotted the elections.

A3 0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 0 / 4

The Elections and Boundaries Commission (EBC) is not considered impartial. It is financially and administratively dependent on the executive, and its members are appointed by the king on the advice of the Judicial Service Commission (JSC), whose members are also royal appointees.

Traditional chiefs also play an important role in elections, as candidates effectively need their approval to run for office.

B Political Pluralism and Participation

B1 0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 0 / 4

Election to public office is based on “individual merit,” according to the constitution. There is no legal avenue for parties to register and participate in elections, though some political associations exist without legal recognition. Over the years, political parties seeking legal recognition have suffered court defeats. A number of prodemocracy organizations and trade unions have continued to lobby for political reforms and have publicly challenged Mswati’s grip on power, even given the serious risks involved.

The government has used increasingly repressive tactics to stifle rising prodemocracy activism in recent years; those calling for political reform have faced arbitrary arrest, harassment, and assault at the hands of security forces, who regularly use excessive force.

In January 2023, well-known human rights lawyer Thulani Maseko was fatally shot at his home. Maseko was a chairman of the Multi-Stakeholder Forum, a coalition of political parties and civil society groups working to amplify calls for democratic reforms in Eswatini. Maseko’s murder was widely condemned by human rights groups and lawyers’ associations around the world, who noted it took place in the context of a government crackdown on civil liberties. The murder remained unsolved at the end of the year.

In June, two prodemocracy legislators—Mduduzi Bacede Mabuza and Mthandeni Dube—were convicted on charges of sedition and terrorism by the Eswatini High Court. The changes were connected to speeches they made calling for a responsive government, an independent Parliament, and the democratic election of the prime minister, which were construed by the prosecution as spreading hatred of King Mswati and his appointed prime minister. Mabuza and Dube were also found guilty of causing the deaths and destruction of property that took place during prodemocracy riots in June 2021.

B2 0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 0 / 4

The king has tight control over the political system in law and in practice, leaving no room for the emergence of an organized opposition with the potential to enter government. Political parties remain banned and advocating for democratic reforms risks terrorism or sedition charges. Prospects for political reforms, which seemed imminent after violent protests in 2021, have stalled. King Mswati reportedly rejected Southern African Development Community (SADC) plans to facilitate a dialogue with civil society organizations, saying he wouldn’t engage with people he regarded as “terrorists,” and would only consider a dialogue after the 2023 parliamentary elections.

B3 0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 0 / 4

Traditional chiefs, as the king’s representatives, wield enormous influence over their subjects. In addition to vetting prospective candidates for office, they have been accused of ordering residents to vote or not vote for certain candidates.

B4 0-4 pts
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? 1 / 4

There are virtually no members of ethnic, racial, religious, or other minority groups in the government, as most officials have some connection to the royal family or its broader clan. Women are politically marginalized, as are LGBT+ individuals and people with disabilities.

The AU election observer mission raised concerns over women’s representation following the 2023 parliamentary elections. Only 8 out of 59 elective parliamentary seats went to women candidates, and following appointments by the king women still represented only 17.3 percent of Parliament.

C Functioning of Government

C1 0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 0 / 4

The king and his government determine policy and legislation; legislators hold no real power and effectively act as a rubber stamp in approving the king’s legislative priorities. Parliament cannot initiate legislation and has little oversight or influence on budgetary matters. The king is also constitutionally empowered to veto any legislation. The absolute authority of the king was demonstrated by his decision to rename the country in 2018 without any constitutional process or parliamentary approval.

C2 0-4 pts
Are safeguards against official corruption strong and effective? 0 / 4

Corruption is a major problem, and implicated officials generally enjoy impunity. The Anti-Corruption Commission (ACC) is perceived to be ineffective, with civil society groups accusing it of pursuing politically motivated cases and serving the interests of the prime minister. The ACC, which reports to the Justice Ministry, lacks adequate financial and human resources and must consult with the minister on hiring. The Wealth of the Nation investment fund, managed by Mswati, has reportedly been used for the king’s personal gain, with opposition figures accusing him of using it to bolster his personal income as far back as 2011.

C3 0-4 pts
Does the government operate with openness and transparency? 0 / 4

Eswatini lacks access-to-information laws, and there is no culture of proactive disclosure of government information. Public requests for information are largely ignored in practice, and the budgeting process lacks transparency. The authorities tightly restrict access to data on spending by the royal family and the security forces.

Civil Liberties

D Freedom of Expression and Belief

D1 0-4 pts
Are there free and independent media? 1 / 4

A variety of laws, including the Sedition and Subversive Activities Act (SSAA) and defamation laws, can be used to restrict media coverage. They criminalize publications that are alleged to be seditious, as well as the use of words that are alleged to be seditious, for example, those that “may excite disaffection” against the king. Journalists often face harassment, assault, intimidation, questioning, or detention, and self-censorship is reportedly common. The state broadcaster is tightly controlled by the government, and the Swazi Observer, a major newspaper, is effectively owned by the king.

The government blocked internet access in the country twice in 2021 in response to the use of social media to promote widespread protests.

D2 0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 2 / 4

The constitution guarantees religious freedom and bars discrimination based on religion. Rules requiring the registration of religious organizations are not strictly enforced. However, members of the Muslim minority allege discrimination by officials and Christian residents, and police reportedly monitor mosques. Non-Christian groups are also denied airtime on state broadcasters. Christian education is compulsory in public schools, and the teaching of other religions is banned.

D3 0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 1 / 4

Academic freedom is limited by restrictive laws such as the Suppression of Terrorism Act (STA) and the SSAA. Student activists face potential violence, arrest, and suspension.

D4 0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 1 / 4

Constitutional rights to free expression are severely restricted in practice. Security agencies reportedly monitor personal communications, social media, and public gatherings, and criticism of the king or other elements of the regime can be punished under laws such as the SSAA, the STA, and the Public Order Act. Any criticism of Swazi culture and traditions or defacement of national symbols—including the king’s image—can draw fines and up to two years in prison.

E Associational and Organizational Rights

E1 0-4 pts
Is there freedom of assembly? 0 / 4

Freedom of assembly is restricted. Surveillance of protests is common, and the information collected is reportedly used to deny protesters access to government jobs and services. Demonstrations are often violently dispersed by police, and protesters risk arrest and detention. Nevertheless, labor and prodemocracy protests have taken place in spite of these risks. Demonstrations that are not perceived as a direct challenge to the king have been allowed to go forward.

Widespread prodemocracy protests took place in 2021 and 2022 despite an official ban on protests issued in October 2021. Security forces attempted to suppress the demonstrations, subjecting peaceful protesters to arbitrary arrests and using indiscriminate force to disperse gatherings, including by shooting tear gas, rubber bullets, and live ammunition into crowds.

In June 2023, two former legislators known for their outspoken support of prodemocracy protests were found guilty of terrorism, sedition, and causing the deaths and destruction of property that took place during prodemocracy riots in June 2021.

E2 0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 1 / 4

The operation of nongovernmental organizations (NGOs) has been inhibited by broadly written sedition and terrorism laws as well as police monitoring and interference. Organizations that advocate for democracy remain banned.

Despite such restrictions, there is limited tolerance of some forms of human rights–based legal activism. In June 2023, the Supreme Court unanimously overturned a decision that banned Eswatini Sexual and Gender Minorities (ESGM) from registering as a nonprofit organization to advocate for matters affecting LGBT+ individuals.

E3 0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 1 / 4

Eswatini has active, vocal labor unions, but workers’ rights are poorly upheld in practice. Although workers in most sectors, with the exception of essential services defined by the labor minister, can join unions, strikes and other labor activism routinely trigger crackdowns and arrests by the police. A number of prodemocracy activists and former trade unions are exiled in South Africa.

F Rule of Law

F1 0-4 pts
Is there an independent judiciary? 2 / 4

Although the judiciary displays a degree of independence in some cases, the king holds ultimate authority over the appointment and removal of judges, acting on advice from the Judicial Service Commission (JSC) made up of royal appointees.

In June 2023, the Supreme Court ruled that NGOs advocating for LGBT+ issues can be registered as nonprofits. ESGM hailed the ruling, saying it demonstrated that the judiciary could act independently.

F2 0-4 pts
Does due process prevail in civil and criminal matters? 1 / 4

Safeguards against arbitrary arrest and detention, such as time limits on detention without charge, are not always respected in practice. Detainees are generally granted access to lawyers, though only those facing life imprisonment or capital punishment can obtain counsel at public expense. Lengthy pretrial detention is common.

F3 0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 0 / 4

Despite the 2018 passage of the Police Service Act, which prescribes disciplinary measures for police officers who use illegitimate force, physical abuse of suspects and inmates by law enforcement officials is an ongoing problem, and investigations into such abuse lack independence and transparency.

F4 0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 1 / 4

Women’s rights remain restricted in law and in practice. Both civil and customary law treat women as dependents of their fathers or husbands, and societal discrimination further impairs their access to education and employment. Residents who are not ethnic Swazis also face de facto discrimination. Discrimination against LGBT+ people is not prohibited by law and is widespread in practice.

People with disabilities experience social stigma as well as discrimination in education and employment. In 2023, the government appointed a council to help monitor inclusion efforts across all sectors and levels in Eswatini. The UN Partnership for the Rights of Persons with Disabilities (UNPRPD) also supported the creation of a working group to guide the planning, implementation, and expansion of disability programs.

G Personal Autonomy and Individual Rights

G1 0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 2 / 4

The constitution guarantees freedom of movement. However, minority ethnic groups and political activists have faced delays in obtaining passports and other citizenship documents. Traditional chiefs regulate movement and residence within their communities and generally deny access to groups advocating for human rights or democracy. Individuals who violate customary rules can face eviction from their localities. Widows in mourning are barred from approaching chiefs or the king and excluded from certain public places and activities.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 1 / 4

The constitution provides legal protections for property rights, but women generally face limitations under customary rules that subordinate them to male relatives. Widows in particular face displacement by the deceased husband’s family. Chiefs have broad authority to allocate and withdraw rights to communal land. However, in 2019, the High Court ruled in favor of gender equality in civil marriages, granting women property rights in the event of divorce.

Individuals sometimes face expropriation due to land claims by state-owned companies and powerful private interests. Constitutional guarantees of fair compensation are not upheld in practice.

G3 0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 1 / 4

Women’s social freedoms are restricted by both civil and customary law, which puts them at a disadvantage regarding marriage, divorce, and child custody. Customary law allowed girls as young as 13 to marry. Sexual and domestic violence remains extremely common; in 2020, the UN resident coordinator for Eswatini reported that 48 percent of Swazi women and girls experience sexual violence in their lifetimes. Punishment for perpetrators is often lenient.

The Eswatini government made progress on women’s rights in 2019 by amending the 1964 Marriage Act to prohibit marriages of persons under the age of 18 and passing the Sexual Offences and Domestic Violence Act, which criminalizes nonconsensual sex between spouses.

G4 0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 1 / 4

Residents have some access to formal employment and economic opportunity, but the majority of the population lives in poverty. Forced labor remains a problem, with some chiefs compelling Swazis, including children, to work in their communities or the king’s fields. Among other forms of child labor, girls are particularly vulnerable to domestic servitude and commercial sexual exploitation. The royal family has extensive privileges compared to ordinary citizens.