Public safety concerns grow as eSwatini accepts more US-deported criminals

HUMAN rights organisations and legal experts have expressed outrage over eSwatini's continued acceptance of deported prisoners from the United States (US).

South Africa's neighbouring country has become a destination for criminals, some convicted of murder, child rape, and gang-related activities.

This week 10 more criminals arrived in eSwatini, following the first group of five in July.

It has been reported that the country agreed in May to accept up to 160 deportees in exchange for $5.1 million to "build its border and migration management capacity", according to a deal signed with the United States and seen by AFP, an international news agency.

Mzwandile Masuku, human rights lawyer and executive director of the Swaziland Litigation Centre, expressed apprehensions about eSwatini’s ability to manage these deportees effectively.

He pointed out the country’s ongoing struggles with escapes from correctional facilities and highlighted the porous nature of the borders between eSwatini and its neighbours.

"This poses a serious regional issue especially in view of the fact that eSwatini is a small country in the region and the big economies might prove the best destination.

"We have porous borders between states, which cut across families and domestic farming land," he said.

In July US President Donald Trump's administration sent five men, immigrants from Vietnam, Jamaica, Laos, Yemen and Cuba. They were convicted of child rape, murder, burglary, and being gang members and whose countries refuse to take them back.

In a statement issued by His Majesty's Correctional Services this week, they confirmed the arrival of 10 third country nationals from the US.

"These nationals have been securely accommodated in one of the country's correctional facilities, as the government continues to collaborate with relevant local and international stakeholders to facilitate their orderly repatriation.

"We further reiterate the government's assurance that the individuals pose no immediate threat to public safety, as they remain under strict supervision and care within the Department's facilities," read the statement.

Abigail Jackson, the White House spokesperson reportedly said, those deported to eSwatini had been convicted of “heinous crimes”, including murder and rape. “They do not belong in the US”, said Jackson.

Willem Els, the Institute for Security Studies senior training coordinator of the ENACT (Enhancing Africa's Response to Transnational Organised Crime) programme, said should these criminals break out they will look for an opportunity to get into South Africa and disappear in the crowd because of the lack of policing and enforcement.

"With our porous borders, it is not just lack of border security, the weakest link is corruption.

"The US wants to get rid of these migrants. We don't know what agreement was made, except that a lot of money is being paid and these men have become eSwatini's problem. The question is will they be able to keep them locked in a maximum security facility and for how long? asked Els.

This week's arrival of deportees comes as several rights groups including Swaziland (eSwatini) Litigation Centre, Swaziland Rural Women’s Assembly and the Southern Africa Litigation Centre (SALC) await the decision an urgent court application to stop the acceptance of the criminals.

"In clear disregard for the Courts and the process the State has brought in the 10 deportees," said Masuku.

He said there had been no consultation at all.

"The application before Court questions the law if any and modalities used that permits the State to engage in such agreements. These do appear as human rights violations and in bad taste. The question extends to the interests of Swazi people and the deported individuals themselves.

"There is no explanation offered to explain this agreement save to suggest that it is in furtherance of bilateral relations and the Prime Minister is on record having informed Parliament when questioned that there is no financial benefit for the country," he said.

Masuku said the level of secrecy was very suspicious.

"We do not have access to these individuals and the State does not see the need to inform the public about such information.

"The information we have of the individuals as very dangerous persons who are undesired by their own countries. They are kept at the only maximum prison in the country. It is common cause that these are overcrowded and in need of renovations taking into account that these are very old institutions," said Masuku.

Melusi Simelane, SALC civic rights programme manager, said like many human rights organisations and human rights defenders, SALC was shocked by the arrival of the US Air Force flight in July with five individuals illegally trafficked by the US government with the acquiescence of the eSwatini government.

Simelane said they were more concerned about the constitutionality of the agreement between the US and eSwatini governments to receive the individuals with no familial or legal ties to eSwatini without the consent or consultation of parliament.

"And also without considering that the country’s facilities are already overrun and under-resourced, opening up the country to questions about the cruel and inhumane treatment of prisoners and inmates," he said.

Simelane said while they cannot answer for the government why they continued to accept more, suffice to say, "it is a slap on the face of the judiciary, because they should have halted receiving more pending the court action".

He said all the deportees were kept in the Matsapha maximum correctional facilities.

According to the Human Rights Commission's report, the facilities were overcrowded and under-resourced, said Simelane.

Simelane said they were monitoring in the news how the US government was removing people from their homes, from their place of work and dragging them into flights like they were criminals and sending them to countries with weaker democratic safeguards, like eSwatini, South Sudan, Uganda and Rwanda.

"This is a clear violation of the sovereignty of African states enabled by authoritarian leaders who – as we have seen in eSwatini – do not consult with the legislative arms of governments.

"This is about fighting for the democratic values and principles of African states, which must not allow themselves to be used as a dumping ground for their failed political issues in the global north. International human rights law must apply. But more importantly, the constitutional principles of democracy in our own African countries must be respected," said Simelane.

SUNDAY TRIBUNE