Eswatini Lawyer Calls US Deportations 'Kidnapping' as Access to Detainees Is Blocked

Leading Eswatini human rights lawyer Sibusiso Nhlabatsi has described the clandestine arrival of 15 deportees from the United States as tantamount to "kidnapping," saying local authorities have denied lawyers access to men held in a high-security prison.

Deportations and denied access

Nhlabatsi told AFP that the first five men were flown to Eswatini on a US military plane in July and are being detained in a high-security facility. A further 10 arrived in October and, through relatives, also sought legal assistance. Prison authorities have refused visits by local lawyers.

"Eswatini finds itself participating in what I can call human trafficking or kidnapping because you cannot have these third-party state deportees being housed (here) while denying them access to lawyers," Nhlabatsi said.

Legal challenge and transparency demands

After being denied access, Nhlabatsi took the matter to the High Court. In early October the court ruled that local lawyers should be permitted to visit the detainees, but the government appealed and, as of the interview, access had not been facilitated. Lawyers have also asked the courts to force the government to publish the terms of its arrangement with Washington.

A text revealed by Human Rights Watch and some media outlets, and seen by AFP, indicates Eswatini agreed to accept up to 160 deportees in exchange for $5.1 million to "build its border and migration management capacity." The group of 15 currently in Eswatini includes people from Vietnam, Laos and Cuba; one Jamaican detainee was repatriated in September.

Wider human-rights context

Nhlabatsi, in his mid-40s, warned that the deal appears to prioritise financial gain over compliance with international law. He linked the incident to a broader deterioration in civic space in Eswatini, noting high youth unemployment, restrictions on political activity and a weakened judiciary.

Eswatini, a kingdom of about 1.2 million people, faces entrenched economic challenges — the IMF estimates roughly 58 percent youth unemployment — and political tensions under King Mswati III, who has ruled for decades. Political parties remain banned since 1973, and critics say that calls for democratic reform are often met with charges such as sedition or terrorism.

Recent controversies and security fears

Nhlabatsi pointed to the 2021 jailing of two opposition MPs accused of inciting unrest during pro-democracy protests; one, Mthandeni Dube, was later released after apologising to the king and accepting restrictions on public speech and protest participation. Since the 2021 protests — which left at least 37 people dead, according to accounts — Nhlabatsi says "civic space has shrunk, the independence of the judiciary is questionable, and the rule of law remains under threat."

He also said he feared for his safety following the 2023 assassination of human-rights lawyer Thulani Maseko, a killing that remains unsolved and which, in Nhlabatsi's view, underscored the risks faced by outspoken critics.

Outlook

Nhlabatsi urged greater transparency, judicial independence and protection of basic rights for detainees and citizens. He warned that entrenched unemployment and patronage practices risk creating a "ticking time bomb" unless the government addresses systemic problems and respects international legal obligations.