“You’ll Die Waiting for Justice”

Summary

Human rights are not respected in Eswatini, especially when you disagree with Tinkhundla [constituency system]. I am an example, I was harmed and injured by the police and no justice, no investigation, nothing. Not everyone that was harmed during the June 2021 riots was protesting or looting. Some were merely at the wrong place, at the wrong time. Some were not even politically affiliated. Some of us were just going about our day.

-Bandile, 28-year-old man; sustained a spinal cord injury resulting in paraplegia when police kicked and trampled him during the 2021 protests, April 2025.

In June 2021, amid a drastic deterioration in the human rights situation and citizens' growing anger at a lack of reforms, waves of pro-democracy protests rocked Eswatini, an absolute monarchy ruled by King Mswati III since 1986.

What started as an expression of outrage against alleged police brutality and impunity in the death of 25-year-old University of Eswatini student, Thabani Nkomonye, transformed into wider youth-led calls for democratic reforms across the country. The protests were mostly peaceful, but they turned increasingly violent towards the end of June when the government took a hardline stance against the demonstrations.

Eswatini authorities responded to the protests by banning demonstrations and deploying security forces to disperse the protesters and closed schools for an extended period of time. They also prohibited people from in-person delivery of petitions to state authorities calling for democratic reforms.

This report, based on 15 interviews conducted by Human Rights Watch in 2025, corroborates findings previously published by Human Rights Watch that the Royal Eswatini Police Service (REPS) and the Umbutfo Eswatini Defence Force (UEDF) not only improperly used teargas, and rubber bullets, and physically assaulted civilians during the June 2021 unrest, but also shot indiscriminately at protesters and passers-by with live ammunition, killing scores of protesters and injuring hundreds more, including children. Additionally, it shines the spotlight on the absence of accountability since then and the precarious and desperate situation of victims of security forces' abuses in 2021, calling for urgent action to be taken to remedy this.

On October 29, 2021, the Eswatini Commission on Human Rights and Public Administration released a preliminary report stating that 46 people were killed and 245 people suffered gunshot injuries, including 22 who sustained multiple gunshot injuries. The Commission noted that its findings likely underestimated the number of victims and called on the government to conduct a comprehensive investigation. Victims told the Commission that members of the Eswatini armed forces and police shot them, but the Commission declined to identify the perpetrators in its preliminary report. As of this writing, the Commission had not released a final report.

Despite the Commission's findings, and previous calls by international bodies including Human Rights Watch, the government has failed to conduct a thorough investigation into the security forces' use of lethal and other excessive force during the 2021 pro-democracy demonstrations. In over four years that have ensued, not a single member of the security forces has been held to account for the students, activists, and passers-by who were killed, and the hundreds more who were injured. Instead, the government has intensified its crackdown on dissenting views by arresting government critics on spurious charges, hindering peaceful assembly, and ignoring longstanding calls for democratic reforms.

Human Rights Watch's research found that the security forces violated multiple rights during the 2021 protests, including the rights to life and to security of the person, and the prohibition on torture or other ill-treatment. The authorities also violated the rights to freedom of assembly, association, and expression, as well as to information.

The government of Eswatini should strengthen policies and procedures to guard against and prevent further unjustified resort to use of force by security and law enforcementand the disproportionate and excessive use of force, if such resort is made. It should ensure effective and comprehensive investigations into all use of force against civilians that are transparent and capable of identifying excessive and disproportionate use of force as well as the police and military officers implicated in such use. The investigations should lead to imposition of appropriate sanctions, including disciplinary action and criminal prosecution, on those responsible. The government should also provide prompt and effective remedies to victims and survivors of the government response to the unrest.

Recommendations

To the Eswatini Government

• Using the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the African Union Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa as guidance, strengthen policies and procedures to guard against and prevent unjustified resort to use of force by security and law enforcement and to ensure that if resort is justified, there is no disproportionate, nor excessive use of force.

• Ensure full and transparent investigations and appropriate sanctions, including disciplinary action and prosecution of police and military officers implicated in cases of excessive use of force against protestors and other victims.

• Provide prompt and effective remedies to victims and survivors of the June 2021 unrest, in the form of financial compensation, medical and psychosocial support, as well as guarantees of nonrecurrence of security and law enforcement's disproportionate and excessive use of force.

• Initiate formal support mechanisms for June 2021 unrest victim and survivor networks and work with such networks to build a victim-centered program of reparations.

• Take concrete and urgent steps to initiate the establishment of the all-inclusive national dialogue where all people of Eswatini can collectively deliberate on the democratic future of the country.

To the Eswatini Commission on Human Rights and Public Administration

• Report publicly on the findings of any investigations into allegations of security and law enforcement forces' excessive use of force during the 2021 protests and beyond, and, if there have not been any such investigations or they have been ineffective, conduct proper investigations.

• Publicly and unequivocally condemn disproportionate, unwarranted, and excessive use of force by security and law enforcement forces.

To the African Commission on Human and Peoples' Rights

• The African Commission's Country Rapporteur for Eswatini should urgently conduct a fact-finding mission to the country and investigate the lack of justice and accountability for security forces' excessive use of force during the June 2021 unrest.

• The African Commission should raise the issue of security and law enforcement's excessive use of force, and remedies for the victims of the 2021 unrest in its interaction with the Eswatini government, including through the state reporting procedure.

To Regional and Global Actors

• Regional and global actors, including the Southern African Development Community (SADC), the African Union, and the United Nations, should work with the Government of Eswatini to strengthen human rights promotion and protection, including by providing support and guidance to ensure full implementation of recommendations by human rights mechanisms.

• SADC and its individual member states should exert targeted pressure on King Mswati III and other Eswatini authorities to usher in a culture of political plurality, accountability, and respect for human rights. They should stress that the government's failure to take concrete steps to address human rights concerns, including those documented in this report, could result in regional isolation or other sanctions.

• International donors and partners should review financial and other support, including training and capacity-building, to the REPS and UEDF and request that the Eswatini government take concrete steps to end police brutality, and hold the perpetrators of the June 2021 unrest to account.

Methodology

Human Rights Watch conducted field research for this report to document violations of human rights by Eswatini security forces during the 2021 pro-democracy protests and, in particular, to investigate any progress in achieving accountability for the victims of security force violence. Human Rights Watch conducted 15 in-person interviews in April 2025. The individuals interviewed are all Swati nationals, between the ages of 18 and 68, who were aged 14 to 64 at the time of the protests. Interviewees comprised of six women and nine men. Three of the individuals interviewed had lost loved ones, while the remaining eight were direct victims of security force violence. Human Rights Watch also interviewed four key stakeholders in Eswatini's political landscape, including a trade union representative, a representative of a political party, a businessperson, and a human rights lawyer. These four stakeholders, and one of the victims interviewed by Human Rights Watch, are currently living in exile in South Africa. They fled Eswatini to escape persecution for their political activism.

The interviews were conducted in English and siSwati in South Africa. The researcher is fluent in both languages.

Human Rights Watch informed all interviewees about the purpose and voluntary nature of the interviews, and the ways in which Human Rights Watch would use the information. Human Rights Watch obtained verbal consent from all interviewees and gave them the opportunity to decline to answer specific questions or to end the interview at any time. The interviews lasted between 30 and 90 minutes.

Human Rights Watch did not compensate interviewees for participating in the research. The organization reimbursed the cost of transportation for interviewees who had to travel for the interviews, the cost of accommodation for those who travelled from Eswatini for the interviews and provided lunch and refreshments.

The report uses pseudonyms (siSwati names) for all the individuals interviewed and withholds identifying details for some interviewees to protect their privacy and safety from possible reprisals.

Human Rights Watch also reviewed primary sources, including laws, regulations, court decisions, and other legal documents related to the June 2021 unrest. We further consulted secondary sources, including reports from nongovernmental organizations, research institutes, and media publications.

On September 30, 2025, Human Rights Watch requested meetings with the Prime Minister's office, Ministry of Justice and Constitutional Affairs, and the Eswatini Commission on Human Rights and Public Administration to share preliminary research findings but did not receive a response at the time of publication.

Background: June 2021 Unrest

The death of 25-year-old law student at the University of Eswatini, Thabani Nkomonye, in May 2021 triggered a wave of pro-democracy protests across Eswatini, Africa's last absolute monarchy. The king continues to exercise absolute power to appoint the prime minister and cabinet and to dissolve parliament. A 1973 decree bans political parties and prevents political parties from contesting elections; the decree also restricts freedom of association and expression.

The unrest began when students and teachers took to the streets to call for accountability for Nkomonye's death, allegedly at the hands of the Royal Eswatini Police Service (REPS), and to express their dissatisfaction with the impunity and corruption of the police.

On May 17, 2021, the government initiated an investigation into Nkomonye's killing, which concluded that Nkomonye was not killed by the police but died in a car accident. The coroner recommended that administrative disciplinary action be taken against four police officers for gross negligence and dereliction of duty for failing to investigate Nkomonye's accident. Further, the coroner recommended that the REPS initiate an assessment of the conduct of police officers in their interactions with members of the public.

In the meantime, in June, demonstrators began to formally demand a range of political and economic reforms by delivering petitions to their respective tinkhundla (administrative units that function as Member of Parliament (MP) constituencies, each clustering various chiefdoms). Demonstrations spread widely throughout rural areas as the majority of tinkhundla received petitions. This caught the authorities off guard. On June 24, the government prohibited people from delivering their petitions in-person invoking COVID-19 regulations in place at the time, but said petitions could be sent via email. Pro-democracy activists, including those interviewed for this research, believe that the government halted in-person petitions to hinder what they perceived to be the only viable avenue available to them to express their grievances publicly, and to prevent activists from possibly encouraging others to do the same, and that it showed the government's reluctance to engage in dialogue.

In response to the government's new restrictions, the protests grew and became violent towards the end of June. Demonstrators blocked roads, burned tires, and burned and looted commercial properties and farms linked to the state, as well as local, privately-owned shops. Confrontations with the police escalated. Eswatini authorities responded by deploying the military to disperse the protests and to search for suspected looters, storming peoples' homes and destroying property.

Pro-democracy activists and protesters, many of whom were young people, across different constituencies, defied the prohibition and marched to deliver petitions to MPs, calling for an end to the absolute monarchy of King Mswati III. They believed the king had lost touch with the needs and interests of his people, and they did not want to be treated as subjects but as citizens. They called for democracy to be the system of governance. They also called for the government to lift the ban on political parties and for the future governance framework to be based on a multiparty political system, where political parties can contest power in a free, fair, and credible election.

By late June, the unrest had grown into daily pro-democracy marches in several localities in the country, with protesters voicing entrenched political and soci0-economic grievances. They accused the king and the royal family, including the king's 15 wives at the time (now 16), of using public resources to fund a lavish lifestyle off the backs of 1.2 million citizens, 34 percent of whom are unemployed, including 56 percent of young people between ages 15 and 25. What had started as an expression of outrage against the alleged police brutality and impunity in the Nkomonye case, transformed into wider calls for democratic reforms and culminated in a broader movement for democracy in the country.

The security forces responded to the various protests by firing rubber bullets, tasers, and teargas at protesters and passers-by, and physically assaulting them, in many cases with no warning, and also used live ammunition without any apparent attempts to use less-lethal force.

On June 29, the Eswatini government shut down the internet across the country as a measure to silence the protests, violating citizens' right to information, and imposed a dusk-to-dawn curfew. On July 4, security forces arrested and reportedly tortured two South African journalists reporting on the protests. According to the International Federation of Journalists (IFJ), soldiers also forced the journalists to destroy photographs and video recordings of the protests; they were released after lawyers intervened in their case.

Based on statements from victims as well as publications from bodies such as Eswatini's own Commission on Human Rights, Human Rights Watch believes that the security forces' resort to use of force in responding to the protests, was often wholly unjustified and even where force may have been justified, it was disproportionate and excessive leading to violations of the rights to life, to security of the person, and to the prohibition on torture and cruel, inhuman, or degrading treatment or punishment. Theauthorities also violated the rights to freedom of assembly, association, and expression, as well as to information.

Security Forces' Excessive Use of Force

During June 2021, pro-democracy protests took place in the capital, Mbabane, as well as in several other cities and towns. These demonstrations are estimated to have ranged in size from approximately 500 to several thousand participants. The majority of the protests were peaceful, but as noted above, they became increasingly violent when the government took a hardline stance against the demonstrations and prohibited the in-person delivery of petitions calling for democratic reforms.

Human Rights Watch received credible reports from multiple interviewees that the military and police responded to the protests using rubber bullets, tasers, and teargas, and also shot indiscriminately at protesters and passers-by using live ammunition. It is to be noted that while security forces used different types of force, it was not done in a particular way of sequence or escalation, and in some instances, live ammunition was used first even in the absence of imminent threat to life. Statements to Human Rights Watch from interviewees indicate that security forces harassed and intimidated protestors, but then without giving warnings for the protestors to disperse, often immediately and unjustifiably resorted to use of force that was disproportionate, and excessive. Such force also included live ammunition. While some people, whether initially part of the protests or opportunists using the protests as cover, reportedly looted premises and set buildings and vehicles on fire, the response from security forces directed at those not involved in any violent or criminal behavior was excessive and unjustified. In fact, some of the people killed or injured were not participating in the protests, including some of those interviewed by Human Rights Watch in this research.

Select Cases

Mangaliso, a 36-year-old man from Manzini, the country's second largest urban center, told Human Rights Watch that he was having after-work drinks at a local tavern at a taxi rank on June 28 at around 8 p.m., when police and soldiers surrounded the taxi rank and began trying to disperse people gathered at the rank and enforce the dawn-to-dusk curfew. There were protests during the day in that community, and security forces had tried to quell reported looting and burning of tires that took place earlier in the day. While there was no protest at night, there were groups of people gathered at the taxi rank-some earlier protesters, others not. According to Mangaliso, the security forces did not give people any warning or otherwise speak to the crowd but "started beating us with batons" and "fired a shot in the air." Mangaliso described what happened next as "an unleashing of violence by the security forces…. It was like a movie. The cops were fighting like in the movies. They came to attack, not to talk," he stated. Mangaliso's right leg had to be amputated as a result of his gunshot injury.

He recounts:

I got shot in the leg while trying to run away [from live ammunition shot by police and the military]. I was shot in the right leg and eventually the leg was amputated. Others were badly injured and others died. I know of five other people that were shot there.

Mangaliso continued to explain his experience trying to get a police report and medical care after he was shot by security forces.

I screamed for help, and a taxi driver came to assist me. He rushed me to the hospital. There was a police roadblock on our way to the hospital and the cops stopped us from driving, even though we explained I was shot and needed to get to the hospital urgently. The taxi driver drove past anyway. We reached Nvokolwako Hospital. It took an hour to be attended to. Only for the nurse to say that I can't be treated because I don't have a police report for the gunshot wound. I am in a lot of pain and still bleeding by the way. We left the hospital for Mliba police station for the police report. The police couldn't attend to me. They said they can't help me as they need information from the police at the scene where I was shot. One female police officer said: "You are pretending to be in trouble, when you are the troublemaker." Another male cop came and the taxi driver who was accompanying me, begged him to attend to me and write the police report required at the hospital. He agreed and we drove back to the hospital. I was bleeding heavily. You could see the traces of blood from me limping up and down.

Mangaliso was in the hospital for three days before a doctor saw him. The gunshot wound was merely bandaged to stop the bleeding as he waited to see a doctor. In fact, the nurses told him they could only stop the bleeding, and give him painkillers, but further medical care would not be provided before he took a mandatory Covid-19 tests. The medical staff responsible for Covid-19 tests was not in hospital. This led to further delays. Mangaliso lost a lot of blood and later required a blood transfusion. After three days in hospital, he was transferred to another hospital, where it took an additional three days before he was seen by a doctor and eventually operated, and his right leg amputated on day five.

Similarly, on June 29, Bandile, a 28-year-old man from Manzini, was walking home from work with two relatives when they decided to stop at a local market. Bandile told Human Rights Watch that police wearing "camouflage uniforms" drove up in a Toyota Hilux GD-6 vehicle and began firing live ammunition in the air near the market. When the shooting began, Bandile and his relatives, as well as other people who were nearby, ran in different directions in fear for their lives. Bandile described what happened when he started to run:

The two cops kicked me, stepped [on me], and trampled on my back. They hurt my back and spine so bad that after they beat me, I could not get up. I tried to get up but couldn't. It was like I was disabled immediately. The cops also used a taser gun on me.

Bandile continued:

The cops did not ask me any questions. They just attacked me.… It does not make sense why they did what they did. Why couldn't they talk to me, ask me what I was doing outside, instead of jumping straight to violence?

As a result of the police attack, Bandile sustained a spinal cord injury, leading to paraplegia.

Children were also victims of the security forces' excessive use of force and indiscriminate attacks as noted by the United Nations Children's Fund (UNICEF). Save the Children also expressed concern about reports that children were being directly targeted with lethal force during the unrest.

On June 30, 2021, Zanokuhle, then a 16-year-old boy, had gone to buy airtime at a store in Lomahasha Service Station, he told us. On his way back home, he came upon a confrontation between protesters and the police. He told Human Rights Watch that:

People were burning tires, and there was a confrontation between protesters and the police. The crowd was moving closer and closer to where I was. Also, I was curious about what was happening. I also moved closer to see what was going on. The police fired a shot in the air, and protesters all dispersed and started running in my direction. I joined them and started running as well ... [but] I fell…. As I tried to get up, the crowd kept stepping on me, and I fell back down.… That is when the police cop approached and called me. I got up and ran…. I did not even take two steps, and I heard gunshots. I was shot in the back. I rolled to the trenches and when the cop came closer to me, he must have thought that I was dead. He stood above me and then walked away.

A stranger who heard Zanokuhle screaming rushed him to the Good Shepherd hospital where he underwent surgery. Zanokuhle experienced paralysis and now uses a wheelchair as a result of the spinal injury he sustained. Doctors told him he has a slim chance of walking again.

Mandlakhe, a 14-year-old boy at the time, told Human Rights Watch that on July 1, 2021, he and four of his friends were helping to clean up a local store in Siphocosini that had been looted by protesters, having been asked to do so by the shop owner. While the boys were cleaning the store, a police vehicle from the Operational Support Service Unit (OSSU) approached the store. Mandlakhe told Human Rights Watch that a police officer got out of the vehicle, entered the store with a gun in his hand, and told the boys to get out of the store. Mandlakhe said the officer did not ask the boys what they were doing in the store. He continued, "As we were going out of the store, the police officer shot me in my back. After shooting me, he told me to get up. I couldn't stand up. I was hurt." According to Mandlakhe, the same police officer who had shot him, took him to Mbabane Hospital.

As a result of being shot, Mandlakhe sustained two vertebrae fractures and a spinal cord injury. He was in a wheelchair for a year and underwent physiotherapy. He now uses crutches to walk.

On October 29, 2021, the Eswatini Commission on Human Rights and Public Administration (Commission on Human Rights) released a report stating that 46 people were killed, 2 of whom were children and 245 people had gunshot injuries, including 22 people with multiple gunshot injuries. According to the Commission, all victims identified the Eswatini security forces as the perpetrators, but the Commission itself made no conclusions on the identity of the perpetrators. The Commission stated that the total number of killed and injured could be higher because it only counted those cases that were categorized as gunshot injuries, but it found that not all hospitals registered the injuries properly. It also found that some of those who were injured did not go to a hospital, and as a result could not be counted in the Commission's findings. The Commission recommended that there be a full, independent investigation into the June 2021 unrest. Civil society in Eswatini have criticized the report because they believe it downplays the number of civilians killed. Some of these groups estimate that the number of people killed may be over 100.

Lack of Justice and Accountability

Human Rights Watch has consistently documented the lack of justice and accountability for victims and survivors of the June 2021 unrest. In the four years since the protests, Eswatini authorities have failed to conduct a full investigation, or allow one to be conducted, into the use of force by police, and they have not held a single person accountable for the killings of students, activists, and passers-by, or injuries sustained by hundreds more as result of the security forces' crackdown against pro-democracy demonstrations. Instead, the government has intensified its clamp down on dissenting views by arresting government critics on spurious charges, hindering peaceful assembly, and ignoring longstanding calls for democratic reforms. The government has made no progress in addressing the country's deteriorating human rights record.

Human Rights Watch heard from those it interviewed about the lack of political freedoms in Eswatini and how the 2021 protests, the violent response by security forces, and the widespread impunity for such violations, directly contributed to the government's very poor human rights record. Nkosenhle, a 68-year-old man who reported that security forces had teargassed him and shot him with rubber bullets in the leg, upper thigh, and buttocks, said he considered the conduct of security forces and the ensuing lack of accountability a clear indication of the government's failure to protect and promote human rights in the country.

He noted:

If people's human rights were respected, June 2021 would not have happened. We would not have been shot, injured, or killed the way we were and for no-one to bear that responsibility. We have never been free in Swaziland.

Similarly, Mangaliso, the 36-year-old man whose case is discussed above, told Human Rights Watch that:

There is no such thing [as human rights]. People's human rights are not respected in Eswatini. The king twists the law, and he is above the law. He has the law in his hands. That is why people like Thulani Maseko were killed, to prevent any advocacy for human rights and democracy in the country.

Of the 11 victims and survivors Human Rights Watch interviewed for this report, none of them reported having been interviewed by the police regarding their injuries or the deaths of their family members. And indeed, no police or military officer has been held accountable for the violence and violations that occurred in connection with the 2021 protests. With the exception of the Commission on Human Rights' preliminary report from October 2021, there has been no investigation whatsoever into the use of force by the security forces. To date, the Eswatini government has ignored all calls, whether national, regional, or international, for investigations or a truth and reconciliation mechanism to be initiated.

As noted by human rights organizations in the country, including the Foundation for Socio-Economic Justice (FSEJ) in Swaziland in its 2021 shadow report to the African Commission on Human and Peoples' Rights (ACHPR), the government has not committed to an independent investigation into the security forces' use of force in June 2021 nor into other human rights violations dating back to 2004. "Despite reports suggesting that security officers killed and injured dozens of civilians during the June unrest, the state has denied the reports without providing any supporting evidence," they stated. More than four years later this has not changed.

While some of the interviewees reported their injuries to the police in order to gain access to medical care, only three out of the 11 victims or survivors interviewed by Human Rights Watch sought to open criminal cases against the police for misconduct.

Status of Opened Cases

Lindiwe, a 56-year-old woman whose 23-year-old son was shot and killed by the police during the 2021 protests, tried to open a case, but the police initially refused and instead tried to intimidate her. Lindiwe said:

I tried to open a case at Lobamba police station the [day after the shooting]. The police said that "your son gets up to mischief, looting, and burning property, then you come here and open a case!"

Lindiwe persisted, however, and was ultimately able to have the case opened, but she did not pursue it further after her lawyer-human rights lawyer Thulani Maseko-was shot and killed in his home on January 21, 2023.

Lindiwe expressed her frustration with the lack of justice for her son's killing. She has lost hope in the justice system and believes she will never get justice. She stated:

[W]ith all your money and lawyers you can't do anything or see justice served. You'll die waiting for justice. Call me next year, or the following year, or the year after, nothing will change.

Similarly, Zama, a 39-year-old woman told Human Rights Watch that her husband was shot twice and killed by police during the unrest. She opened a case in Mbabane, and Maseko was also her lawyer. However, she has heard nothing from the authorities and has no indication if the case is still open or progressing. Zama said, "We probably will never see justice…. My in-laws do the follow ups with the police who have not given us any feedback … there is no update so far."

The police, while dispersing a crowd, shot Ntfombifuthi, a 42-year-old woman who was out looking for her son. She told Human Rights Watch that she had opened a case at the Manzini police station but never followed up, because she felt it was going nowhere.

She said:

I was unaware of Eswatini issues, justice, democracy, etc. This experience opened my eyes to the realities in the country…. Now I know how bad things are. The system does not care for us. The police can't investigate themselves.

Indeed, as noted by the International Commission of Jurists (ICJ) in a 2025 report on the independence of judges and lawyers in Eswatini, Maseko's killing has had a "devastating effect on the independence of lawyers in Eswatini and their ability to practice without fear of threat or reprisals." The ICJ also noted that "lawyers face adverse economic consequences for taking on cases or clients perceived as political," and this is particularly true for clients associated with the June 2021 unrest.

Cases Not Reported to the Police

The other victims and survivors Human Rights Watch interviewed did not lodge a report to the police or try to open a case. Many stressed that they do not have the time or money to pursue a case against the police. Several stated that they do not have money for lawyers and noted that some were represented by Maseko because he had often taken on cases pro bono. They expressed to Human Rights Watch that they believe the justice system only exists to serve the king and maintain the status quo, and so they do not expect any tangible action by the authorities.

Bandile, whose case is discussed above, expressed frustration with the lack of justice for his injuries, noting, "I was harmed and injured by the police, but no justice, no investigation, nothing." He added, "It's like I was only involved in a car accident and not injured by cops." Bandile did not try to open a case with the police because he does not believe it would lead to justice, but would just be a waste of time and resources. He was particularly reluctant to try to open a criminal case against the same individuals/ institution who injured him. He stated: "You open a case with the police against the police? The same cops that harmed you must take your statement? …That does not make sense to me."

Bandile also mentioned that some lawyers are afraid to take on cases emanating from the June 2021 unrest because they fear they will also be targeted by the government, fears that have only become more prevalent since Maseko's killing.

An independent mechanism should be mandated to investigate the June 2021 violations committed by security forces. Such a mechanism should ensure that victims, witnesses, and the lawyers representing them can come forward without fear of reprisals.

Swaziland Massacre Victims and Survivors Association

Because justice and accountability were so elusive for victims and survivors of the June 2021 unrest, they formed the Swaziland Massacre Victims and Survivors Association (SWAVISA), a non-governmental organization that seeks justice and accountability for all the families, victims, and survivors. This association has become a safe space for affected individuals, families, and communities to air their concerns and needs. They support one another; integrate into society and advocate for physical and mental health, redress, justice, and accountability. While talking to Human Rights Watch, SWAVISA members underscored the challenges they experienced while trying to register the organization and the stigma associated with members of the organization who are not viewed as legitimate victims or survivors of the unrest but rather criminals who got what they deserved for being "enemies of the state."

The government initially refused SWAVISA's registration on the grounds that the name of the association had the word "massacre" in it. Granting their registration with that name, they argued, would mean the government agrees that a massacre took place in June 2021. SWAVISA members then successfully registered the organization as Swavisa, a completely new name and not an acronym formed from Swaziland Massacre Victims and Survivors Association.

Legal Standards on Use of Force by Security Forces

At least three human rights treaties to which Eswatini is party, to protect the right to life and prohibit the use of force by the police that constitutes infliction of any form of inhuman or degrading treatment or torture-the International Covenant on Civil and Political Rights (ICCPR), Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), and the African Charter on Human and Peoples' Rights (ACHPR). The Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACREWC) elaborate on these rights as they pertain to children, that is, those under 18 years of age.

In addition, the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the United Nations Code of Conduct for Law Enforcement Officials, and the African Commission's Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa regulate the use of force, in particular lethal weapons, in a manner that corresponds with respect for those and other human rights and spell out resulting government obligations. Strict standards on use of force by police and other security and law enforcement apply under international law, not least because breaches of those standards can lead to serious violations of human rights, including the right to life and to bodily integrity. The UN Basic Principles explicitly provide, in article 8, that "exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any departure from these basic principles."

The Basic Principles outline that police should only use force when strictly necessary and to the extent required for a legitimate law enforcement objective. It requires police officers to, as far as possible, apply non-violent means before resorting to the use of force and firearms. Force used by law enforcement is considered excessive when it contravenes the principles of absolute necessity or proportionality (articles 4 and 5 of the Basic Principles). Lethal force may only be used when strictly necessary to protect themselves or others from the imminent threat of death or serious injury, and only as a last resort, when other means for de-escalation are ineffective (articles 9 and 10).

International human rights law obligates states to ensure accountability in cases of security forces' use of force, by conducting effective investigations in particular into incidents when such force leads to potential violations of rights. The Basic Principles require governments to ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offense (article 7), and that, "[i]n cases of death and serious injury or other grave consequences, a detailed report shall be sent promptly to the competent authorities" (article 6). Those harmed are entitled to access to other remedies and reparations.

An effective investigation is one which is thorough, prompt, and impartial. It must be capable of leading to a determination of whether the force used was or was not justified under the circumstances and to the identification and punishment of those responsible. Officials are also required to provide victims with information about investigations into violations.

The UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary, and Summary Executions also provide guidance on how to carry out proper investigations into law enforcement's use of lethal force. For instance, they maintain that investigators should collect and analyze "all physical and documentary evidence and statements from witnesses." They also state that governments should provide "fair and adequate compensation within a reasonable period of time" to the families of victims of unlawful killings.

In addition, applicable international law prohibits torture and other cruel, inhuman, or degrading treatment or punishment in all circumstances, and are obligated to carry out effective investigations into alleged violations of this prohibition, followed by appropriate sanctions and remedies for victims.

Chapter 3 of the Constitution of Eswatini protects the right to life, personal liberty, freedom of expression, freedom of assembly and association, and protection from inhuman or degrading treatment. However, the lived experiences of Emaswati on the ground indicate that such constitutional guarantees are neither respected nor enforced, and when violated there is no redress.

The country's 2017 Public Order Act protects the rights to freedom of expression, association, and peaceful assembly, but it comes with limitations, which the government has been using to restrict freedoms leading to the police having sweeping powers.

Acknowledgments

Nomathamsanqa Masiko-Mpaka, South Africa researcher in the Africa Division of Human Rights Watch, researched and wrote this report.

The report was reviewed by Ashwanee Budoo-Scholtz, Human Rights Watch deputy director Africa Division; Aisling Reidy, senior legal advisor; and Holly Cartner, deputy program director.

Eunice Njagi, Africa Division Coordinator and Amu Mnisi, Africa Division Senior associate, assisted with proofreading and formatting. Travis Carr, publications manager, prepared the report for publication. José Martinez, administrative officer, coordinated production.

Human Rights Watch would like to thank the individuals and organizations in South Africa and Eswatini that provided valuable information and assistance for this report, including Swaziland Massacre Victims and Survivors Association (SWAVISA) and the Thulani Maseko Foundation. We wish to express our gratitude to all of those who spoke with us during this research, and particularly to the victims and survivors of the June 2021 unrest who shared their stories, sometimes at great personal risk.