LGBTQ rights in Eswatini

According to Section 252(1) of the Constitution of the Kingdom of Eswatini, the principles and rules of Roman-Dutch common law that have applied to Eswatini since 22 February 1907 (as those principles and rules existed on 6 September 1968, Independence Day) are applied and enforced as the common law of Eswatini. The principal source of this common law in 1907 was the common law as then applied in the Transvaal Colony, which ultimately became a part of South Africa. Sodomy, defined as same-sex sexual relations between men, was a crime under the 1907 common law, punishable with either death or a lesser punishment at the discretion of the court. By the mid-twentieth century, "sodomy" in South Africa had been defined by its courts as "unlawful and intentional sexual relations per anum between two human males." Eswatini's sodomy law is in practice not enforced. The kingdom's monarch is believed to be strongly opposed to repeal—he has been widely reported as having described homosexuality as "satanic." As he must authorise all laws passed by Parliament before they can come into effect, the courts may be the most likely avenue for repeal of the country's sodomy law. ==Recognition of same-sex relationships==

There is no legal recognition of same-sex relationships. ==Adoption and family planning==

Same-sex couples are prohibited from adopting children. Otherwise, prospective adoptive heterosexual parents may be single, married, or divorced. ==Discrimination protections==

There are no broad legal protections against discrimination based on sexual orientation or gender identity in areas such as education, health, housing and employment. However, some limited protections are in place: • Section 4.3 on "Family Planning" of the National Policy on Sexual and Reproductive Health, issued in 2013, states that the Ministry of Health shall "Create an enabling environment to ensure availability and accessibility of family planning information and services to all persons regardless of sex, gender, age, status, sexual orientation and religion according to their needs." • The National Guidelines for Adolescent Sexual and Reproductive Health, issued in 2021, states that Right to Equality includes, among other things, freedom from discrimination because of one’s sex or sexual orientation. Section 5.2 states that "Gender-based violence refers to violence that is directed at an individual based on his/her biological sex, gender identity or perceived adherence to socially defined norms of masculinity and feminity." Section 5.5 states that LGBT people are one of the key population that are at Higher Risk of Gender-Based Violence. • The National Social Security Policy, issued in November 2021 by the Ministry Labour and Social Security, defines Equity as "the fair distribution of resources, free from discrimination based on age,disability, race, gender, ethnicity, socio-economic background, religion, sexual orientation and any other basis." • The National Strategy to End Violence 2023-2027 states that the implementation of this strategy will be guided by the fundamental principles such as inclusivity which means "To embrace diversity and acknowledge risk by sex, age, poverty status, disability, and sexual orientation or identity." In 2012, former Minister of Foreign Affairs Mgwagwa Gamedze rejected a call by a United Nations working group to put up a law protecting LGBTQ people. Gamedze said so few, if any, gays live in Eswatini that the bother of drafting such a law was not worth the effort. In May 2017, the United Nations Human Rights Committee submitted a series of questions to the Swazi Government dealing with LGBTQ rights. The Committee wanted to know what measures have been put in place "to protect persons from discrimination and violence based on sexual orientation and gender identity, including in housing and employment, and to promote tolerance." Additionally, the Committee questioned Eswatini's adherence to the International Covenant on Civil and Political Rights, which protects private adult consensual sexual activity, and expressed concern that violence against LGBTQ people is widespread. Section 8(1)(d) of The Broadcasting (Content) Guidelines 2022 states that "A licensee shall ensure that no broadcasts by its station is likely to incite, violence, perpetuate hatred, vilify any person or section of the community, on account of race, ethnicity, nationality, gender, sexual preference, age, disability, religion or culture of that person or section of the community." These Guidelines apply to all broadcasters and content service providers. ==Living conditions==

The United States Department of State's 2011 Human Rights Report found that: Positions of government officials King Mswati III, one of the last absolute monarchs in the world, has reportedly called same-sex relationships "satanic" and former Prime Minister Barnabas Sibusiso Dlamini has called homosexuality "an abnormality and a sickness." In February 2012, Swazi public health officials used a Valentine's Day campaign to urge gays to trust promises of confidentiality and test for HIV. Deputy Director of Health Simon Zwane acknowledged that in Swazi society gay sex is taboo but said that the Health Ministry was actively extending its reach to include same-sex couples in HIV counselling and testing. The move was applauded by LGBTQ groups who considered it a big step in acknowledging the existence of LGBTQ people. In June 2012, Prime Minister Barnabas Sibusiso Dlamini said that "church clergy say this (LGBTQ relationships) is not biblically acceptable. It is just now that some countries and communities allow it. It is still scary here in Eswatini when we see it happen. The country's laws do not allow this." The Prime Minister also said that "people of the same sex cannot even go to regional offices to get married. It will take time before we allow this to happen and include it in the country's laws. We are not even ready to consider it." In March 2019, a pastor for an unknown church was suspended after being accused of being bisexual. In June 2019, officials refused to register Eswatini Sexual and Gender Minorities (ESGM) "on the grounds of morality." Melusi Simelane, the group's founder, took legal action to challenge the rejection. The matter was heard in 2020 and in 2022 the High Court, in a split decision, upheld the decision to deny registration. While doing so, the court also accepted that the constitution protects the rights of LGBTQ persons to freedom of association, privacy and expression. Activism Eswatini's first pride parade was held in June 2018 in Mbabane and was organised by Rock of Hope. The event began with a march (with police protection), following by a picnic and a party. About a thousand people attended. The event received considerable international and domestic media coverage, appearing on the front page of both major Swazi newspapers. U.S. Ambassador to Eswatini Lisa J. Peterson attended the march. Rock of Hope is an LGBTQ advocacy group, which seeks to raise awareness of the discrimination and stigmatisation faced by members of the LGBTQ community, to prevent the transmission of HIV/AIDS and to promote acceptance of LGBTQ people by society and by themselves. It was founded in 2012. It is also active in undertaking charity works in local communities. In November 2018, activists released a documentary focusing on the lives of a gay man, Mlando, a lesbian, Alex, and a transgender woman, Polycarp, in Eswatini. The documentary, called "Fighting For Pride: Swaziland", discusses the prejudices they face, the reactions of their families and the signification of LGBTQ activism. In December 2018, a branch of the Ark of Joy International Ministry, a religious organisation, was relaunched in Coates Valley. The church welcomes gay and lesbian members. A spokesman for Rock of Hope said, "It is worth noting that many in the religious circles, continue to spew hate speech and show utter disregard for the deeds of the Lord, by being judgmental and expelling some of the LGBTI community from their places of worship. It is for that reason, we welcome the opening of such churches as those that show the love of God, and preach the spirit of oneness and togetherness." The country's second pride event was held on 22 June 2019. The event, described as a "joyful success", included participants signing traditional Swati songs. ==Public opinion==

According to a 2013 survey, 43% of lesbian and transgender respondents had tried to commit suicide within the past year, and 78% regularly took "intoxicating substances to feel normal and forget." A 2019 survey showed that 59% of LGBTQ Swazis had been discriminated against or treated disrespectfully at public health facilities, with 30% being denied healthcare services. ==Summary table==