GOVE RNAN CE INDI C ATO R S - THE KINGDOM OF ESWATINI | PROFILE 2021 - IOM Publications
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THE KINGDOM OF ESWATINI | PROFILE 2021 M I G R AT I O N G OV E R N A N C E I N D I C ATO R S
The opinions expressed in the report are those of the authors and do not necessarily reflect the views of the
International Organization for Migration (IOM). The designations employed and the presentation of material
throughout the report do not imply expression of any opinion whatsoever on the part of IOM concerning the legal
status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries.
IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an
intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the
operational challenges of migration; advance understanding of migration issues; encourage social and economic
development through migration; and uphold the human dignity and well‐being of migrants.
_______________
While efforts have been taken to verify the accuracy of this information, neither The Economist Intelligence Unit Ltd.
nor its affiliates can accept any responsibility or liability for reliance by any person on this information.
Publisher: International Organization for Migration
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With research and analysis by
Required citation: International Organization for Migration (IOM), 2021. Migration Governance Indicators Profile
2021 - The Kingdom of Eswatini. IOM. Geneva.
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PUB2021/018/ELTHE KINGDOM OF ESWATINI | PROFILE 2021 M I G R AT I O N G OV E R N A N C E I N D I C ATO R S
TABLE OF CONTENTS OBJECTIVE // 6 INTRODUCTION // 7 CONCEPTUAL FRAMEWORK // 9 KEY FINDINGS // 10 KEY SOURCES // 21 ANNEXES // 25
Objec tive
OBJECTIVE
The MGI aims to support well-managed migration policy
by helping countries assess the comprehensiveness
of their migration governance structures and identify
priorities on the way forward.
The MGI can be used to spark a discussion within governments, with other relevant
stakeholders in the country, on their migration policy structures. It can help assess whether
these structures, which have often been in place for several years, still address the main
challenges and opportunities of today’s reality.
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 6I N T RO D U C T I O N
INTRODUCTION
This is an era of unprecedented mobility, and the need to facilitate orderly, safe, regular and responsible
migration and mobility is becoming increasingly relevant.1 The need to face the challenges and to maximize
the opportunities that this mobility brings has been recognized with the inclusion of migration in the 2030
Agenda for Sustainable Development, which highlights the positive contribution of migrants to inclusive growth
and development. Migration is integrated in a number of Sustainable Development Goal (SDG) targets, such
as ending modern slavery and addressing the vulnerability of migrant workers. However, the central reference
to migration in the SDGs is Target 10.7 on facilitating “orderly, safe, regular and responsible migration and
mobility of people, including through the implementation of planned and well‐managed migration policies”.2
The incorporation of Target 10.7 into the 2030 Agenda created the need to define “planned and well‐managed
migration policies”. This is why, in 2015, the International Organization for Migration (IOM) developed the
Migration Governance Framework (MiGOF). This Framework offers a concise view of an ideal approach
that allows a State to determine what it might need to govern migration well and in a way that suits its
circumstances.3 The Framework was welcomed by IOM Member States in the same year.
In an effort to operationalize the MiGOF, IOM worked with The Economist Intelligence Unit to develop the
Migration Governance Indicators (MGI), a standard set of approximately 90 indicators to assist countries in
assessing their migration policies and advance the conversation on what well‐governed migration might look
like in practice.
The MGI helps countries identify good practices as well as areas with potential for further development and
can offer insights on the policy levers that countries can use to develop their migration governance structures.
However, the MGI recognizes that all countries have different realities, challenges and opportunities that
relate to migration. Therefore, the MGI does not rank countries on the design or implementation of their
migration policies. Finally, the MGI does not measure migration policy outcomes or institutional effectiveness.
Instead, it takes stock of the migration‐related policies in place and operates as a benchmarking framework
that offers insights on policy measures that countries might want to consider as they progress towards good
migration governance.
This country profile presents a summary of the well‐developed areas of the migration governance structures
of the Kingdom of Eswatini (hereinafter referred to as Eswatini), as well as the areas with potential for further
development, as assessed by the MGI.4
1
IOM Standing Committee on Programmes and Finance, seventeenth session (S/17/4 of 29 September 2015), article 2.
2
IOM Council, 106th session, Migration Governance Framework (C/106/40 of 4 November 2015), page 1, footnote 1. Available at https://governingbodies.iom.int/system/
files/en/council/106/C-106-40-Migration-Governance-Framework.pdf.
3
Ibid.
4
The MGI initiative is a policy-benchmarking programme led by IOM and implemented with the support of The Economist Intelligence Unit. Funding is provided by IOM’s
Member States.
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 8Conceptual
CONCEPTUAL FRAMEWORK
MiGOF
Framework
The IOM MiGOF sets out the essential elements to support planned and well-managed migration.
It seeks to present, in a consolidated, coherent and comprehensive way, a set of three principles
and three objectives which, if respected and fulfilled, would ensure that migration is humane,
orderly, and benefits migrants and society.
PRINCIPLES OBJECTIVES
At the 1. Adherence 1. Advance the socioeconomic
basis of fulfilment of migrants’ rights. well-being of migrants and society.
2. Formulates policy using evidence and 2. address the mobility
“whole-of-government” approach. dimensions of crises.
3. Engages with partners to address 3. Ensure
in a safe, orderly and dignified manner.
MGI
WHAT IT IS WHAT IT IS NOT
A set of indicators that offers insights on
policy levers that countries can use to Not a ranking of countries
strengthen their migration governance
structures
A tool that identifies good practices and Not assessing impacts of policies
areas that could be further developed
A consultative process that advances
dialogues on migration governance by
clarifying what “well-governed Not prescriptive
migration” might look like in the context
of SDG Target 10.7
Which supports
the measurement of
TARGET 10.7
well-managed
”
MIG R ATION G OVE R N A N CE IND IC ATO RS (MGI): E S WAT I N I 2021 /// 9KEY FINDINGS
KEY FINDINGS
The MGI is composed of around 90 indicators grouped under the 6 different dimensions of migration
governance that draw upon the MiGOF categories:
Indicators in this domain look at the extent to which migrants
have access to certain social services such as health, education
MIGRANTS’
and social security. It also looks at family reunification, access to
RIGHTS
PAGE 12
work, and access to residency and citizenship. The international
conventions signed and ratified are also included.
Indicators in this area assess countries’ institutional, legal and
regulatory frameworks related to migration policies. This area
WHOLE-OF-GOVERNMENT also looks at the existence of national migration strategies
APPROACH
that are in line with development objectives and overseas
PAGE 14
development efforts, as well as institutional transparency and
coherence in relation to migration management.
This category focuses on countries’ efforts to cooperate on
migration‐related issues with other States and with relevant
PARTNERSHIPS non‐governmental actors, including civil society organizations
PAGE 16 and the private sector.
Indicators in this area assess countries’ policies regarding
the recognition of migrants’ educational and professional
WELL-BEING qualifications, provisions regulating student migration and the
OF MIGRANTS
existence of bilateral labour agreements between countries.
PAGE 18
Aspects of diaspora engagement in the country of origin and
migrant remittances are also under this domain.
This category looks at the type and level of preparedness of
countries when they are faced with mobility dimensions of
MOBILITY DIMENSION crises. The questions look at the processes in place for nationals
OF CRISES
and non‐nationals both during and after disasters, including if
PAGE 19
humanitarian assistance is equally available to migrants as it is
to citizens.
This area looks at countries’ approach to migration management
SAFE, ORDERLY in terms of border control and enforcement policies, admission
AND REGULAR criteria for migrants, preparedness and resilience in the case of
MIGRATION significant and unexpected migration flows, as well as the fight
PAGE 20 against trafficking in persons.
MIG R ATION G OVE R N A N CE IND IC ATO RS (MGI): E S WAT I N I 2021 /// 11KEY FINDINGS
ADHERENCE TO INTERNATIONAL STANDARDS
AND FULFILMENT OF MIGRANTS’ RIGHTS
1.1. International conventions ratified
Table 1. Signature and ratification of international conventions
Convention name Ratified
International Labour Organization (ILO) Migration for Employment Convention
No
(Revised), 1949 (No. 97)
United Nations Convention relating to the Status of Refugees (also known as
Yes (2000)
Geneva Convention), 1951
United Nations conventions on statelessness, 1954 and 1961 Yes (1999)
ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) No
United Nations Convention on the Rights of the Child (UNCRC), 1989 Yes (1995)
United Nations International Convention on the Protection of the Rights
No
of All Migrant Workers and Members of Their Families (ICRMW), 1990
1.2. Migration governance: Examples of well-developed areas
All migrants, regardless of their status, have equal access as citizens to Government-funded health-care
services. The Constitution (2005) mandates the State to “take all practical measures to ensure the provision
of basic health-care services to the population”.
Migrants with regular status can access education at State-owned and private institutions in Eswatini.
The Constitution states that “the State shall promote free and compulsory basic education for all”. Also,
according to the National Policy Statement on Education (1999): “The Ministry of Education shall provide
a 10-year Universal Basic Education to all children of school-going age.”
Migrant workers with valid work permits have equal access to social security as citizens. The draft National
Labour Migration Policy (NLMP) (2019), developed by the Ministry of Labour and Social Security, includes
a guiding principle to ensure that migrant workers are able to register in social security systems and access
employment-related injury, sickness, invalidity and survivor benefits. Maternity leave provisions set out
in the Constitution and the Employment Act (1980),5 and compensation as well as medical treatment
provisions set out in the Workmen’s Compensation Act (1983), apply to all employees regardless of
nationality.
5
The Constitution and the Employment Act only refer to childbirth support for female employees. No reference is made to paternity leave.
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 12KEY FINDINGS
A dependant’s pass can be issued to family members and dependants of migrants who have been issued
with a residency permit of any kind, and to migrants who are classified as exempted persons.6 The pass
entitles the dependant to enter the country for a specified period, during which the pass remains valid.7
An application for a dependant’s pass must be submitted to the Chief Immigration Officer.
Non-nationals can apply for citizenship after residency of 5 to 10 years in Eswatini. The Constitution states
that a non-national who has been ordinarily and lawfully residing in Eswatini for at least 5 years during the
7 years preceding the date of application for citizenship, or has been a resident for at least 10 years, may
acquire citizenship. In addition, the Citizenship Act (1992) states that a person who has been khotaed shall
be a citizen of Eswatini.8
1.3. Areas with potential for further development
While all migrants can access Government-funded health-care services in practice, this is not explicitly
outlined in legislation. The Constitution does not make reference to migrants’ access to health care. The
Ministry of Health’s National Health Sector Strategic Plan (NHSSP II) (2014–2018), designed to ensure that
the health needs of the people of Eswatini are met, does not refer to migrants. An updated version of the
NHSSP for the period 2019–2023 has been developed but has not been approved as of January 2021.
While migrants with regular status can, in practice, access education in Eswatini, the country’s education
legislation – including the National Education and Training Sector Policy (2018), the National Policy
Statement on Education, and the Constitution – makes no specific reference to migrants’ access to
education and in some cases stipulates only the rights of citizens to education. International students,
except nationals of Southern African Development Community (SADC) member States, must pay higher
educational fees than nationals.
The Government of Eswatini does not have agreements with other countries on the portability of social
security entitlements and earned benefits, including old-age pensions. However, the Government has an
attaché office in South Africa that assists nationals, mostly mineworkers, in claiming benefits that they are
entitled to. Furthermore, the draft NLMP provides for social security portability as a guiding principle to
ensure that migrant workers and their dependants are able to register in social security systems, access
social security benefits and have the benefits transferred to their countries of origin.
Migrants have equal access to employment as nationals. All non-nationals require a work permit in order
to take up employment, and once the work permit is issued, they cannot change jobs under the same
permit. For a work permit to be issued, the non-national’s work must be of benefit to Eswatini, and a non-
national can be employed only if there is no qualified national to take up the job. These determinations
are made by the Ministry of Labour and Social Security in coordination with the Ministry of Home Affairs.
There is no path to permanent residency in Eswatini. All permits are temporary, and each is issued for a
specific purpose.
6
The Immigration Regulations (1987) define an exempted person as “a person of a class or description of person who is exempted by the Minister under the [Immigration]
Act from obtaining an entry permit or pass; from reporting entry into or departure from Swaziland”.
7
According to the Immigration Regulations (1987), the dependant’s pass ceases to be valid if “(a) the dependant person is no longer dependant on the applicant;
or (b) the applicant fails or is unable to maintain the dependant; or (c) the applicant leaves Swaziland in circumstances which raise a reasonable presumption that his
absence will be other than temporary; or (d) the dependant engages in employment; or (e) the applicant dies”.
8
The Citizenship Act defines a person who has been khotaed as someone who “has been accepted as a Swazi in accordance with customary law and in respect of whom
certificate of Khonta granted by, or by direction of, the King is in force”.
MIG R ATION G OVE R N A N CE IND IC ATO RS (MGI): E S WAT I N I 2021 /// 13KEY FINDINGS
FORMULATES POLICY USING EVIDENCE
AND WHOLE-OF-GOVERNMENT APPROACH
2.1. Migration governance: Examples of well-developed areas
The Ministry of Home Affairs has primary responsibility for developing the country’s migration policy and
regulating immigration. It controls, regulates and facilitates immigration and the movement of persons
through Eswatini’s formal ports of entry. The Immigration Act (1982) empowers the Minister of Home
Affairs to develop regulations on immigration. The Ministry houses the Department of Immigration, which
is responsible for border management and control, citizenship services, and the orderly immigration of
persons through the issuance of permissions, permits, and visas to enter and/or reside in Eswatini.
The Ministry of Labour and Social Security formulates and coordinates issues relating to labour
migration. The Steering Committee on Implementation, instituted by the draft National Labour Migration
Policy (NLMP), an interministerial coordination mechanism on labour migration, is responsible for the
operationalization of the draft NLMP. It meets on a regular basis and is chaired by the Ministry of Labour
and Social Security. It also includes the Ministries of Foreign Affairs and International Cooperation, Health,
and Home Affairs; the Central Statistical Office; civil society organizations; and businesses. In addition,
interministerial collaboration on migration issues occurs on an ad hoc basis. For example, in efforts to
contain the COVID-19 pandemic, the Ministry of Home Affairs and the Ministry of Health have collaborated
to ensure that movements into Eswatini are closely monitored and regulated through health screenings at
border checkpoints.
The draft NLMP deals with migrant workers, including internal and cross-border migration, and describes
the patterns of labour migration that take place within, into, out of and through Eswatini. It addresses
various labour migration issues, including the return and reintegration of Emaswati migrant workers, the
protection of migrant workers’ rights in Eswatini, the portability of social security for migrant workers, and
the development of coordination mechanisms to regulate labour migration and combat human trafficking.
The draft NLMP has an implementation strategy which clearly outlines specific activities to be undertaken,
responsible organs and timelines. The draft NLMP outlines gender sensitivity as a principle and aims for “a
non-discriminatory labour migration framework that ensures equal opportunities for all, promotes gender
empowerment and contains provisions for workers, and work seekers regardless of level of skills”.
Rules and regulations concerning migration are available on government websites. The website of the
Ministry of Home Affairs includes information on visas and permits, visa requirements, visa validity, visa
application procedures, types of temporary residence permits, and permit requirements. Migration laws
– including the Immigration Act (1982), Citizenship Act (1992) and the Immigration Regulations (1987) –
are also publicly available on the website.
The periodic Integrated Labour Force Survey (ILFS) conducted by the Central Statistical Office and the
Ministry of Labour and Social Security collects data on the percentage of migrant workers in the workforce,
disaggregated by sector but not by sex.
Eswatini’s population and housing censuses include questions on migration.9 The 2017 Population and
Housing Census questionnaire contains a section titled “Emigration”, which captures data disaggregated
by sex, age, destination, year of departure and activity abroad. The census also captures information
on migrants in Eswatini throughs questions on their country of birth, citizenship and place of previous
residence, integrated into other sections.
9
The latest census was carried out in 2017, but only the 2007 census report and questionnaire are available online.
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 14KEY FINDINGS
2.2. Areas with potential for further development
Eswatini does not yet have an overall national migration strategy, and there is no dedicated government
agency responsible for designing and coordinating the implementation of an overall migration policy or
strategic plan.
There is no dedicated government entity responsible for enacting an emigration policy or diaspora
engagement policies. The country has no registers of nationals abroad. The Ministry of Foreign Affairs
and International Cooperation includes giving assistance to nationals abroad as part of its service offering.
Furthermore, in October 2020 the Ministry of Foreign Affairs and International Cooperation started a
diaspora engagement initiative, supported by IOM, with the aim of creating a diaspora department within
the ministry to manage all diaspora-related issues.
Eswatini publishes limited migration data on a regular basis outside the census. The Ministry of Home Affairs
collects monthly data on the numbers of visas processed, citizenships granted, and permit applications
and approvals. This data is presented to Parliament on a quarterly basis but is not published.
MIG R ATION G OVE R N A N CE IND IC ATO RS (MGI): E S WAT I N I 2021 /// 15KEY FINDINGS
ENGAGES WITH PARTNERS TO ADDRESS
MIGRATION AND RELATED ISSUES
3.1. Migration governance: Examples of well-developed areas
Eswatini participates in two regional consultative processes. Under the Southern African Development
Community (SADC), the country participates in the Migration Dialogue for Southern Africa (MIDSA), which
was established in 2000 to enhance inter-State cooperation in a bid to improve migration governance.
Eswatini is also a member of the Migration Dialogue from the Common Market for Eastern and Southern
Africa Member States (MIDCOM), which was established in 2013 to improve the capacity of governments
to manage migration, build harmonized data collection systems, and develop their immigration policies
and legislations.
Eswatini signed a memorandum of understanding (MoU) related to migration with the Taiwan Province
of the People’s Republic of China in 2015. The MoU covers cooperation on immigration issues and
transnational crimes, especially human trafficking, and facilitates the exchange of information on the
prevention of crime and exchange visits for officials.
Eswatini participates in bilateral discussions with several countries, including on migration-related issues.
The President of South Africa and the King of Eswatini met in March 2019 to discuss ways to address
congestion at the Ngwenya Border Post, and both leaders have agreed that ministers should ensure that
the issue of congestion at border posts is attended to. Eswatini also engages in bilateral negotiations with
Rwanda on migration issues, which have led to the development of a draft MoU. Other joint bilateral
commissions exist between Eswatini and Botswana, Cuba, India, Mozambique, Namibia and the Taiwan
Province of the People’s Republic of China.
In 1975, Eswatini signed a bilateral labour agreement (BLA) with South Africa relating to the establishment
of an office for an Eswatini Labour Representative in South Africa, the welfare of Eswatini citizens in South
Africa and the movement of persons across the common border. In 2017, Eswatini signed a BLA with
Mozambique to allow Mozambican nationals who have been residing in Eswatini since 1997 to obtain
work permits without meeting the standard permit requirements for foreigners.
3.2. Areas with potential for further development
Eswatini and South Africa periodically held meetings for the now expired Joint Bilateral Commission on
Cooperation – an open engagement platform that oversaw the implementation of signed agreements10
between the two countries, including on the cross-border movement of people. Negotiations to restart
the Joint Bilateral Commission are ongoing as of January 2021.
Eswatini is not part of any regional agreement promoting labour mobility. The SADC has various protocols
and agreements covering migration and labour mobility; however, none of those is operational yet.11 In
particular, the SADC adopted the SADC Labour Migration Action Plan (2016–2019) in 2016, although no
agreement has been reached on how to promote regional labour mobility.
10
Both countries have signed 21 bilateral agreements which serve as legal instruments for cooperation in areas such as cross-border movement of people and goods,
trade and investment, health, defence and policing, among others.
11
These include the SADC Protocol on the Facilitation of Movement of Persons (2005), the ILO–SADC Decent Work Programme (2013−2019), the SADC Employment
and Labour Protocol (2014), and the SADC Labour Migration Policy Framework (2014).
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 16KEY FINDINGS
Eswatini engages civil society organizations in agenda-setting and implementation of migration-related
issues only on an ad hoc basis. For example, representatives from civil society, the Government and the
private sector in Eswatini met in Mbabane in August 2017 to discuss migration issues in the SADC region,
developments on labour migration in Eswatini and South Africa, as well as SADC and global frameworks
on migration. The draft National Labour Migration Policy (NLMP) was developed through the work of a
Technical Working Group Committee consisting of representatives from government ministries and three
non-governmental entities, including the Eswatini Migrant Mineworkers Association and IOM. The draft
NLMP also refers to multisectoral involvement including social partners – as a guiding principle and a
policy objective.
Furthermore, Eswatini engages the private sector in agenda-setting and implementation of migration-
related issues on an ad hoc basis. For example, the private sector was consulted during the development
of the draft NLMP through the Eswatini Chamber of Commerce and the informal cross-border traders
association.
As of January 2021, Eswatini is in the process of setting up a Diaspora Engagement Unit within the Ministry
of Foreign Affairs and International Cooperation.
MIG R ATION G OVE R N A N CE IND IC ATO RS (MGI): E S WAT I N I 2021 /// 17KEY FINDINGS
ADVANCES THE SOCIOECONOMIC
WELL-BEING OF MIGRANTS AND SOCIETY
4.1. Migration governance: Examples of well-developed areas
Eswatini offers different types of visas to attract migrants with specific labour skills. The country has eight
entry permits (Classes A to H) that also allow for employment, each of which has specific determinants
based on the nature of the work the individual wishes to carry out. Class D permits, for example, are
for individuals wishing to work in prospecting or mining, while Class G permits are for those wishing to
undertake work in manufacturing.
As a member of the Southern African Development Community (SADC), Eswatini follows the SADC
Qualifications Framework (SADCQF), which was developed in 2011 and aims to promote labour, study,
and portability of qualifications across the region. The Eswatini Higher Education Council (SHEC), created
in 2015 and which is responsible for regulating higher education in Eswatini and accrediting higher
educational qualifications, established the Eswatini Qualifications Framework (SQF) (2016), based on the
SADCQF. The SQF compares foreign qualifications against a globally recognized system of qualifications.
The SHEC also facilitated the adoption of the Higher Education Regulations (2016), which offers guidance
on how foreign qualifications are evaluated. In practice, accreditation is sector-specific, with formalized
criteria for the recognition of foreign qualifications for some professions. For example, the Eswatini Institute
of Accountants is the national professional accountancy organization and is responsible for accrediting
accountancy qualifications.
4.2. Areas with potential for further development
Eswatini does not have a national assessment to monitor labour market demand for immigrants or the
effects of emigrants on the domestic labour market. In 2019, the Government launched the Eswatini
Labour Market Information System, developed through the Central Statistical Office, Ministry of Public
Service, and the Ministry of Labour and Social Security. This system seeks to capture information on the
domestic labour supply, the impact of emigration on the domestic labour market, labour migration and
skills gaps. It is yet to be operationalized.
Eswatini collects labour market data periodically through its Integrated Labour Force Survey (ILFS), which
has been conducted in 2007, 2010, 2014 and 2016, although the data is not disaggregated by migration
status.12
The draft NLMP seeks to promote the interests of women migrants and help integrate them into the labour
force. It aims to uphold the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) (1979) to protect women from harm and dangerous work environments, ensure that they are
not discriminated against in the workplace and have equal access to employment opportunities, as well as
implement the CEDAW General Recommendation No. 26 on women migrant workers.
There are no laws specifically promoting ethical recruitment of migrant workers in Eswatini. The
Employment Act (1980) provides some protection against unethical recruitment but does not explicitly
mention migrant workers.
Eswatini does not have mechanisms in place to protect the rights of its nationals working abroad, except
for the labour attaché office in South Africa, which attends to the interests of Eswatini nationals working
there.
12
The next Integrated Labour Force Survey, initially planned for 2020, has been postponed.
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 18KEY FINDINGS
EFFECTIVELY ADDRESSES THE
MOBILITY DIMENSIONS OF CRISES
5.1. Migration governance: Examples of well-developed areas
The National Multi Hazard Contingency Plan (MHCP) (2019–2020) – developed by the National Disaster
Management Agency (NDMA) in consultation with other government ministries, United Nations agencies,
non-governmental organizations and the private sector – includes strategies to address the displacement
impacts of natural disasters, including flash floods, drought, storms and wildfires. The MHCP’s response
strategies are comprehensive and sector-specific; it designates the lead and support agencies responsible
for each type of response, specific activities to be carried out and their duration, expected results, and
budget estimates. For example, the Camp Coordination and Camp Management, Emergency Shelter, and
Non-Food Items Sector Response Plan seeks to ensure the provision of temporary camps to accommodate
displaced persons, as well as basic shelter materials, food and non-food item family packages, and
rehabilitation and reconstruction materials for affected families.
The Ministry of Foreign Affairs and International Cooperation provides ad hoc assistance to nationals
living abroad in times of crises, mostly to citizens residing in countries with Eswatini diplomatic missions.
The Ministry assists in evacuation planning of Eswatini citizens abroad in cases of political turmoil or
disasters; notifies citizens’ next of kin in the event of death or a life-threatening illness or injury; provides
non-financial assistance for repatriation, medical or professional attention, and posthumous services of
citizens abroad; and liaises with authorities in the country of destination to search for missing Eswatini
citizens and determine their whereabouts abroad. In the face of the COVID-19 pandemic in 2020, the
Ministry has also coordinated efforts to repatriate nationals across the world; as of September 2020, the
Government has repatriated 140 Emaswati.
5.2. Areas with potential for further development
Eswatini does not have a strategy with specific measures to provide assistance to migrants before or during
crises, or in post-crisis situations. The National Disaster Management Act (2006), National Disaster Risk
Management Policy (2011), National Emergency Response, Mitigation and Adaptation Plan 2016–2022,
NDMA Strategic Plan 2017–2021, and MHCP do not contain relevant measures.
During crises, the National Disaster Management Department and the NDMA engage early-warning
systems whereby communications are sent via radio, television and text message. However, these systems
do not take into account the specific vulnerabilities faced by migrants. The Eswatini Meteorological Service
and the National Early Warning Unit of the Ministry of Agriculture are responsible for collecting and
analysing weather-related data, turning the technical data into early-warning alert messages and sending
them through various modes, including radio, television, newspapers and social media. All communication
is carried out in Eswatini’s national language, with some communication dispatched in English. The NDMA
Strategic Plan seeks to enhance national early-warning systems by improving communication processes
and systems, including acquiring communication infrastructure and technologies for communication.
Eswatini does not have measures in place to make exceptions to the immigration procedures for migrants
whose respective countries of origin are experiencing crises. The only exceptions are provided for refugees,
as outlined by the Refugees Act (2017).
MIG R ATION G OVE R N A N CE IND IC ATO RS (MGI): E S WAT I N I 2021 /// 19KEY FINDINGS
ENSURES THAT MIGRATION TAKES PLACE IN
A SAFE, ORDERLY AND REGULAR MANNER
6.1. Migration governance: Examples of well-developed areas
Eswatini’s Department of Immigration under the Ministry of Home Affairs is responsible for border control
and management. The Department’s Border Control and Management section is present at all ports of
entry and exit in Eswatini. Because of the COVID-19 pandemic, since March 2020 the Department of
Immigration in coordination with the Ministry of Health has also been conducting health screenings for
all migrants arriving in and departing from the country (which is still ongoing as of January 2021).
Eswatini has a law to combat human trafficking – the People Trafficking and People Smuggling (Prohibition)
Act (2009). The Act introduces penalties for trafficking and smuggling offences, provides protection and
support for “trafficked or smuggled persons”, and establishes a Task Force for the Prevention of People
Trafficking and People Smuggling. The Task Force, which was established in 2009 under the Office of
the Prime Minister, formulates policies and programmes to prevent trafficking and smuggling, develops
protective programmes for victims, and produces educational resources to increase public awareness of
the issue. It meets regularly and consists of representatives from various government offices, including
the Social Welfare Department and the Ministry of Foreign Affairs and International Cooperation, and
up to five civil society representatives with expertise in trafficking or smuggling. In 2019, the country
launched the National Strategic Framework and Action Plan to Combat People Trafficking (2019–2023),
under the leadership of the Office of the Prime Minister. The Action Plan scales up prevention measures,
facilitates prosecution of traffickers and includes the adoption of multisectoral consultations.
6.2. Areas with potential for further development
The country does not have a visa-monitoring mechanism in place; nevertheless, the Department of
Immigration’s Border Control and Management section can detect visa overstays electronically and
manually by checking stamps on travel documents at the country’s exit points.
There is only a paper-based system for applying for visas and permits prior to arrival. Travellers must
apply in person at an Eswatini mission or representative office abroad, post their applications to an
embassy or consulate, or post their passports to their hosts in Eswatini who will apply at the Department
of Immigration on their behalf. An e-visa issuance system was piloted in 2019; however, an online visa
application process is not in place as of November 2020.
The Department of Immigration does not provide specific border management training to border officials
in Eswatini. New recruits attend the general government workers’ induction course followed by training
on customer care and a one-off Department of Immigration orientation. International organizations
occasionally offer specialized training to border officials. For instance, in 2019 IOM provided border
officials with training on migration and refugees.
Government departments periodically collate information on their counter-trafficking activities and
present the findings to Parliament. However, this data is not publicly available.
Eswatini does not have measures to combat migrant labour exploitation specifically. The Constitution, the
“Code of good practice: Employment discrimination” under the Industrial Relations Act (1980), and various
Regulation of Wages Orders contain measures to combat labour exploitation but do not make specific
provisions for migrants. The National Labour Migration Policy (NLMP) notes that the “legislative grey zone”
of labour and employment legislation “creates ambivalence at enforcement level, with labour inspectors in
situations of industrial disputes as well as for the regular enforcement of basic conditions of work”.
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 20KEY S O U RC E S
KEY SOURCES
Central Statistical Office
2007 Population and Housing Census questionnaire. Available at https://unstats.un.org/unsd/demographic/
sources/census/quest/SWZ2007en.pdf.
Common Market for Eastern and Southern Africa
n.d. Protocol of the Free Movement of Persons, Labour, Services and Right of Establishment and Residence.
Official Gazette of the COMESA, 4(1):3–4. Available at www.comesa.int/wp-content/uploads/2019/02/1998-
Gazette-Vol.-4-No1.pdf.
Eswatini, Government of
1980 Employment Act. Available at www.snat.org.sz/New%20Page/Employment%20Act.pdf.
1981 Education Act. Available at www.snat.org.sz/New%20Page/The%20Education%20Act,%201981.pdf.
1982 Immigration Act. Available at www.refworld.org/pdfid/4c5972d12.pdf.
1983 Workmen’s Compensation Act. Available at www.ilo.org/dyn/natlex/docs/ELECTRONIC/27203/127269/
F-1634665203/SWZ27203.pdf.
1987 Immigration Regulations. Available at www.gov.sz/images/home-affairs/immigration%20regulations.pdf.
1992 Swaziland Citizenship Act. Available at www.refworld.org/docid/4c5696752.html.
2005 Constitution of the Kingdom of Swaziland Act. Available at www.gov.sz/images/Media/constitution.pdf.
2006a Disaster Management Act. Available at www.ifrc.org/docs/idrl/815EN.pdf.
2006b Immigration (Amendment) Regulations.
2009 People Trafficking and People Smuggling (Prohibition) Act. Available at www.ilo.org/dyn/natlex/docs/
MONOGRAPH/107539/132415/F306693388/SWZ107539.pdf.
2013a Higher Education Act. Available at www.shec.org.sz/Higher%20Education%20Act.pdf.pdf.
2013b Progress Report on the Elimination of Child Labour in Swaziland.
2016 National Financial Inclusion Strategy for Swaziland 2017–2022. Available at www.afi-global.org/sites/
default/files/inline-files/National%20Financial%20Inclusion%20Strategy%20Swaziland%20Final.pdf.
2017 Refugees Act. Available at www.refworld.org/docid/5d31b3f64.html.
2018 National Tourism Policy.
2019 Statement by the Rt Hon Prime Minister Mr. Ambrose Mandvulo Dlamini at the Commemoration of
World Day against Trafficking in Persons and Launch of National Strategic Framework and Action Plan
2019–2023. Available at www.gov.sz/index.php/latest-news/2302-trafficking-in-persons.
n.d. Speech of the Honourable Minister for Labour and Social Security at the Launch of the Labour Market
Information System. Available at www.gov.sz/index.php/center/122-labour-a-social-security/2303-the-
labour-market-information-system.
International Labour Organization (ILO)
2015 Bilateral Agreements and Memoranda of Understanding on Migration of Low Skilled Workers: A Review.
Geneva. Available at www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---migrant/documents/
publication/wcms_385582.pdf.
2018 Social Dialogue and Tripartism. International Labour Conference, 107th Session. Geneva. Available at www.
ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_624015.pdf.
International Organization for Migration (IOM)
2000 Migration Dialogue for Southern Africa (MIDSA). Available at www.iom.int/migration-dialogue-southern-
africa-midsa.
2016 Regional Guidelines for the Development of Bilateral Labour Agreements in the Southern African Development
Community. Maputo. Available at https://publications.iom.int/system/files/pdf/regional_guide_bilateral_
labour_agreements.pdf.
Jaftha, C. and J. Samuels
2017 SADC Qualifications Framework (SADCQF). South African Qualifications Authority, 28 March.
Available at www.saqa.org.za/docs/webcontent/2017/Article%20about%20the%20SADCQF.pdf.
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 22KEY SOURCES
Mgabhi, G. and T. Hlophe
n.d. Transformation of the education system through the Eswatini Qualifications Framework: Things
to consider. Eswatini Economic Policy Analysis and Research Centre. Available at www.separc.
co.sz/2018/11/21/transformation-of-the-education-system-through-the-eswatini-qualifications-
framework-things-to-consider/.
Ministry of Economic Planning and Development
2019 National Development Plan 2019/20–2021/22: Towards Economic Recovery. Available at www.gov.sz/images/
CabinetMinisters/NDP-2019-20-to-2021-22-final.pdf.
Ministry of Education and Training
1999 National Policy Statement on Education. Available at www.gov.sz/images/stories/edupolicies/National%20
Policy%20Statement%20On%20Education.pdf.
2011 The Swaziland Education and Training Sector Policy. Available at www.snat.org.sz/New%20Page/The%20
Education%20Sector%20Policy.pdf.
2018 The National Education and Training Improvement Programme 2018/19–2020/2021. Mbabane. Available
at http://planipolis.iiep.unesco.org/sites/planipolis/files/ressources/eswatini_netip.pdf.
Ministry of Health
2015 The Second National Health Sector Strategic Plan 2014–2018: Towards attainment of universal health
coverage. Final draft. Available at www.gov.sz/images/Health/National-Health-Ssector-Strategic--Plan-II-
Final-draft--March-2015-_edited_.pdf.
Ministry of Home Affairs
n.d.a Civil registration and vital statistics. Available at www.gov.sz/index.php/ministries-departments/ministry-of-
home-affairs/citizenship.
n.d.b Homepage. Available at www.gov.sz/index.php/ministries-departments/ministry-of-home-affairs.
n.d.c Management of coronavirus (COVID-19) in the Kingdom of Eswatini ports of entry/exit. Press release.
Available at www.gov.sz/images/MOHA/boarder.jpg.
n.d.d Visa duration/stay in the Kingdom of Eswatini. Available at www.gov.sz/index.php/services-sp-22242747/
visa.
Ministry of Labour and Social Security
2016 The Swaziland Integrated Labour Force Survey 2013/14 (ILFS). Available at https://swazistat.files.
wordpress.com/2016/05/labour-force-survey-2013-14.pdf.
2019 National Labour Migration Policy.
n.d. Labour documents. Available at www.gov.sz/index.php/labour-documents.
National Disaster Management Agency (NDMA)
2011 National Disaster Risk Management Policy.
2015 National Emergency Response, Mitigation and Adaptation Plan (NERMAP): January 2016 to March 2022.
Available at www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/
swaziland_national_emergency_response_mitigation_and_adaptation_plannermap1_1-2.pdf.
2017 Swaziland National Disaster Management Agency Strategic Plan 2017–2021. Available at https://ndma.
org.sz/?page_id=489.
2020 National Multi-Hazard Contingency Plan 2019–2020.
Segatti, A.
2015 Global, regional and SADC frameworks on labour migration. Labour Migration Information-sharing
Session, Kadoma Hotel, Zimbabwe, 16–17 July. Available at www.ilo.org/wcmsp5/groups/public/---ed_
protect/---protrav/---migrant/documents/presentation/wcms_422398.pdf.
2020 Bilateral labour migration agreements: Trends and examples of good practice. Labour Migration
Information-sharing Session, Kadoma Hotel, Zimbabwe, 16–17 July. Available at www.ilo.org/wcmsp5/
groups/public/---ed_protect/---protrav/---migrant/documents/presentation/wcms_422397.pdf.
MIG R ATION G OVE R N A N CE IND IC ATO RS (MGI): E S WAT I N I 2021 /// 23KEY SOURCES
Southern African Development Community (SADC)
2005 Protocol on the Facilitation of Movement of Persons. Available at www.sadc.int/files/9513/5292/8363/
Protocol_on_Facilitation_of_Movement_of_Persons2005.pdf.
2017 The SADC Qualifications Verification Network. Available at www.saqa.org.za/docs/webcontent/2017/
SADCQVN%20Brochure.pdf.
United Nations Treaty Collection
2000a Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations
Convention against Transnational Organized Crime. Available at https://treaties.un.org/pages/ViewDetails.
aspx?src=TREATY&mtdsg_no=XVIII-12-b&chapter=18.
2000b Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime. Available at
https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XVIII-12-a&chapter=18&clang=_en.
United States Department of Labor
2018 Findings on the worst forms of child labour: Eswatini. Available at www.dol.gov/sites/dolgov/files/ILAB/
child_labor_reports/tda2018/Eswatini.pdf.
United States Department of State
n.d. 2019 trafficking in persons report: Eswatini. Available at www.state.gov/reports/2019-trafficking-in-
persons-report-2/eswatini/.
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 24ANNEXES
ANNEXES
List of key national laws, plans and policies related to migration
Law/Policy Adoption /
Year of implementation
Draft National Labour Migration Policy 2019
National Strategic Framework and Action Plan
2019–2023
to Combat People Trafficking
National Multi Hazard Contingency Plan (MHCP) 2019–2020
National Education and Training Sector Policy 2018
Refugees Act 2017
National Disaster Management Agency Strategic Plan 2017–2021
Eswatini Qualifications Framework (SQF) 2016
National Emergency Response, Mitigation and Adaptation Plan 2016–2022
National Health Sector Strategic Plan (NHSSP II) 2014–2018
National Disaster Risk Management Policy 2011
People Trafficking and People Smuggling (Prohibition) Act 2009
Constitution of the Kingdom of Swaziland Act 2005
Disaster Management Act 2006
National Policy Statement on Education 1999
Citizenship Act 1992
Immigration Regulations 1987
Immigration Act 1982
Employment Act 1980
Industrial Relations Act 1980
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 26ANNEXES
MiGOF: Migration Governance Framework13
In an attempt to define the concept of “well-managed migration policies”, the International Organization
for Migration (IOM) devised a Migration Governance Framework (MiGOF), which was welcomed by the
IOM Council in November 2015. For the purposes of the Migration Governance Framework, IOM defines
governance as “the traditions and institutions by which authority on migration, mobility and nationality in
a country is exercised, including the capacity of the government to effectively formulate and implement
sound policies in these areas”.
The Framework sets out the essential elements of “good migration governance” – 3 principles and
3 objectives which, if respected and fulfilled, would ensure that migration is humane, safe and orderly,
and that it provides benefits for migrants and societies.14 IOM’s view is that a migration system promotes
migration and human mobility that is humane and orderly and benefits migrants and society:
When it:
(i) Adheres to international standards and fulfils migrants’ rights;
(ii) Formulates policy using evidence and a “whole-of government” approach;
(iii) Engages with partners to address migration and related issues.
As it seeks to:
(i) Advance the socioeconomic well-being of migrants and society;
(ii) Effectively address the mobility dimensions of crises;
(iii) Ensure that migration takes place in a safe, orderly and dignified manner.
The MiGOF does NOT create new standards or norms. In drafting the Framework, IOM relied on its expertise
and analytical work, as well as on existing commitments, non-binding declarations and statements.
It does NOT address global migration governance that is the international architecture for dealing with
issues related to migration and human mobility. Instead, the focus is on the governance and management
of migration from the point of view of the State as the primary actor. It does NOT propose one model for
all States. The Framework presents a “high road” or ideal version of migration governance, to which States
can aspire.
The MiGOF is based on the understanding that, as the primary actor in migration, mobility and nationality
affairs, a State retains the sovereign right to determine who enters and stays in its territory and under
what conditions, within the framework of international law. Other actors – citizens, migrants, international
organizations, the private sector, unions, non-governmental organizations, community organizations,
religious organizations and academia – contribute to migration governance through their interaction with
States and each other.
13
IOM Council, Migration Governance Framework, 106th session, C/106/40 (4 November 2015). Available at https://governingbodies.iom.int/system/files/en/coun-
cil/106/C-106-40-Migration-Governance-Framework.pdf.
14
Migration Governance Framework infosheet (2016). Available at https://publications.iom.int/books/migration-governance-framework.
MIG R ATION G OVE R N A N CE IND IC ATO RS (MGI): E S WAT I N I 2021 /// 27ANNEXES
The MGI process
1 2
Launch of the MGI Data
collection
process
The first step of the process is to The second step of the process is to start
explain what the MGI entails to key the collection and analysis of data, based
government officials, in order to ensure full on about 90 indicators grounded in the
understanding of the project and complete 6 dimensions of the MiGOF. A migration
buy-in. governance profile based on the analysis of
the findings is then drafted and shared with
the government counterparts.
3 4
Interministerial
consultation Publication of the
report on the
Global Migration
The third step of the process is to Data Portal
convene an interministerial consultation
where all relevant ministries and other
stakeholders discuss the good practices After the migration governance profiles
and main areas that could be developed are finalized and vetted by government
further as identified in the draft migration counterparts, they are published on
governance profile, as well as priorities on the Global Migration Data Portal15 and
the way forward. It is also an opportunity uploaded on the IOM Online Bookstore.16
for them to comment and provide
suggestions on the draft profile.
15
You can find the profiles at https://migrationdataportal.org/overviews/mgi#0.
16
Please see https://publications.iom.int/.
M IG R ATION G OVE R N A N C E IND IC ATO RS (MGI): E S WAT I N I 2021 /// 28www.migrationdataportal.org/mgi
@IOM
@UNmigration
@UNmigration
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