Eswatini

Same-sex sexual activity is prohibited under the common law, which criminalises acts of ‘sodomy’. The penalty provided under the law is not known. Only men are criminalised under this law.

The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Eswatini. Eswatini retained the provision upon independence and continues to criminalise same-sex sexual activity today.

There is no evidence of the law ever being enforced, and it appears to be largely obsolete in practice. Nevertheless, the mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination (see further).

There have been some reports of discrimination and violence being committed against LGBT people in recent years, including stigma, the denial of registration of NGOs, assault, and a homophobic murder.

2023

In June, the Supreme Court of Eswatini unruled the 2022 High Court decision that dismissed the application by Eswatini Sexual and Gender Minorities, ESGM, to be registered as a non-profit organisation. In its judgment, the Supreme Court stated that ”the approach undertaken by the Registrar [of Companies] in this regard does not meet the legal requirements contained in Section 33 of the Constitution.”

Section 33 guarantees the right to administrative justice, including the right to be treated in accordance with the requirements of fundamental justice and fairness. The Court declared that the ”decision by the Registrar to decline the registration of the Association [ESGM] is null and void.”

In late September, the Minister of Commerce, Industry and Trade refused to register ESGM in spite of the Supreme Court decision.

2022

In April, the Eswatini High Court upheld the decision of the Registrar of Companies to refuse to register the LGBT rights organisation, Eswatini Gender and Sexual Minorities. While the Court accepted that the constitution protects the right of LGBT people to freedom of association, privacy and expression, it still found in favour of the Registrar of Companies.

2022

The US Department of State report states that although there are colonial-era common law prohibitions, no penalties are specified and there has never been an arrest or prosecution under the law.

2022

The US Department of State report mentioned one unconfirmed media report of an attack by transport drivers against a gay couple at a Mbabane bus station in September.

2021

Research by civil society association Rock of Hope found that 60% of LGBT respondents in Eswatini reported having experienced violence in their lifetime and that one in four lesbians reported sexual violence, according to the 2022 US Department of State report.

2019

In September, the registrar of countries refused to register an LGBT NGO on the basis that there is no constitutional protection of sexual orientation, and that same-sex sexual activity is prohibited. The organisation challenged this ruling.

2015

In March, a woman was reportedly murdered by a man in a bar in the southern town of Nhlangano after being identified as a lesbian.

2013

In September, a gay man was attacked after being discovered having sex with another man in a toilet. The man was “inspected” to determine his gender, while the other man managed to flee.

One report in November indicated that less than 10% of the LGBT community who responded to a survey had talked about their sexual orientation with a person from outside of their immediate family.

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