Swaziland

PROFILE
PEOPLE
HISTORY
GOVERNMENT AND POLITICAL CONDITIONS
ECONOMY
FOREIGN RELATIONS
U.S.-SWAZILAND RELATIONS
TRAVEL

Compiled from the February 2008 Background Note and supplemented with additional information from the State Department and the editors of this volume. See the introduction to this set for explanatory notes.

Official Name:

Kingdom of Swaziland

PROFILE

Geography

Area: 17,363 sq. km. (6,704 sq. miles); slightly smaller than New Jersey.

Cities: Mbabane (capital, pop. 60,000), Manzini (principal commercial city, pop. 65,000).

Terrain: Mountainous plateau to savanna.

Climate: Near temperate to tropical.

People

Nationality: Noun and adjective-Swazi(s).

Population: (2004) 1.1 million.

Annual growth rate: (2002) 2.7%.

Ethnic groups: The overwhelming majority of the population is Swazi.

Religions: It is estimated that the population is 35% Protestant, 30% Zionist (indigenous), 25% Roman Catholic, 1% Islamic, with the remaining 9% divided among other beliefs.

Languages: SiSwati and English.

Education: Years compulsory—none. Attendance—65% primary and 44% secondary. Literacy—79%.

Health: Infant mortality rate (2001)—89/1,000. Life expectancy—33 years. The prevalence of HIV in Swaziland's adult population is 33.4%, the highest in the world.

Work force: Agriculture and forestry—21.4%; construction—6.1%; distribution—10.5%; finance—8.3%; manufacturing—20.1%; mining and quarry—1%; services—32.6%; transport—2.9%.

Government

Type: Monarchy.

Independence: September 6, 1968.

Constitution: On July 26, 2005, King Mswati III ratified Swaziland's constitution. This is Swaziland's first constitution in over 30 years. It went into effect February 8, 2006.

Government branches: Executive—monarch (head of state), prime minister (head of government), cabinet (appointed by the king at the recommendation of the prime minister). Legislative—Parliament consisting of the House of Assembly (65 members: 55 elected, 10 appointed by the king) and Senate (30 members: 10 appointed by the House of Assembly, 20 appointed by the king). Judicial—a dual court system of traditional courts under chiefs and a Roman-Dutch system comprising magistrates courts, High Court, Supreme Court (formerly Court of Appeals).

Political subdivisions: 4 regions, 9 municipal governments, and 55 tinkhundla centers (traditional administrative units).

Political parties: None registered, though the new Constitution does not forbid parties.

Suffrage: Universal after 18.

Economy

GDP: (2004) $2.8 billion.

GDP real growth rate: (2005) 1.8%.

Per capita income: (2004) $1,553.

Inflation: (2006) 5.4%.

Natural resources: Coal, diamonds, quarry stone, timber, talc.

Agriculture: (15.7% of GDP) Products—sugarcane, corn, citrus fruits, livestock, wood, pineapple, tobacco, rice, peanuts.

Manufacturing: (35.0% of GDP) Types—sugar refining, light manufactured goods, wood pulp, textiles, processed foods, consumer goods.

Trade: (2003) Exports—$920.2 million: soft drink concentrates, sugar, pulp, canned fruits, cotton yarn. Major markets—South Africa, EU, Mozambique, U.S. Imports—$1,018.8 million: chemicals, clothing, foodstuffs, machinery, motor vehicles, petroleum products.

PEOPLE

The majority of the population is ethnic Swazi, mixed with a small number of Zulus and non-Africans. Traditionally Swazis have been subsistence farmers and herders, but some now work in the growing urban formal economy and in government. Some Swazis work in the mines in South Africa. Christianity in Swaziland is sometimes mixed with traditional beliefs and practices. Most Swazis ascribe a special spiritual role to the monarch.

The country's official languages are Siswati (a language related to Zulu) and English. Government and commercial business is conducted mainly in English.

HISTORY

According to tradition, the people of the present Swazi nation migrated south before the 16th century to what is now Mozambique. Following a series of conflicts with people living in the area of modern Maputo, the Swazis settled in northern Zululand in about 1750. Unable to match the growing Zulu strength, the Swazis moved gradually northward in the 1800s and established themselves in the area of modern or present Swaziland.

They consolidated their hold under several able leaders. The most important was Mswati II, from whom the Swazis derive their name. Under his leadership in the 1840s, the Swazis expanded their territory to the northwest and stabilized the southern frontier with the Zulus.

Contact with the British came early in Mswati's reign, when he asked British authorities in South Africa for assistance against Zulu raids into Swaziland. It also was during Mswati's reign that the first whites settled in the country. Following Mswati's death, the Swazis reached agreements with British and South African authorities over a range of issues, including independence, claims on resources by Europeans, administrative authority, and security. South Africans administered the Swazi interests from 1894 to 1902. In 1902 the British assumed control.

In 1921, after more than 20 years of rule by Queen Regent Lobatsibeni, Sobhuza II became Ngwenyama (lion) or head of the Swazi nation. The same year, Swaziland established its first legislative body—an advisory council of elected European representatives mandated to advise the British high commissioner on non-Swazi affairs. In 1944, the high commissioner conceded that the council had no official status and recognized the paramount chief, or king, as the native authority for the territory to issue legally enforceable orders to the Swazis.

In the early years of colonial rule, the British had expected that Swaziland would eventually be incorporated into South Africa. After World War II, however, South Africa's intensification of racial discrimination induced the United Kingdom to prepare Swaziland for independence. Political activity intensified in the early 1960s. Several political parties were formed and jostled for independence and economic development. The largely urban parties had few ties to the rural areas, where the majority of Swazis lived. The traditional Swazi leaders, including King Sobhuza II and his Inner Council, formed the Imbokodvo National Movement (INM), a political group that capitalized on its close identification with the Swazi way of life. Responding to pressure for political change, the colonial government scheduled an election in mid-1964 for the first legislative council in which the Swazis would participate. In the election, the INM and four other parties, most having more radical platforms, competed in the election. The INM won all 24 elective seats.

Having solidified its political base, INM incorporated many demands of the more radical parties, especially that of immediate independence. In 1966, the U.K. Government agreed to discuss a new constitution. A constitutional committee agreed on a constitutional monarchy for Swaziland, with self-government to follow parliamentary elections in 1967. Swaziland became independent on September 6, 1968. Swaziland's post-independence elections were held in May 1972. The INM received close to 75% of the vote. The Ngwane National Liberatory Congress (NNLC) received slightly more than 20% of the vote, which gained the party three seats in parliament.

In response to the NNLC's showing, King Sobhuza repealed the 1968 constitution on April 12, 1973 and dissolved parliament. He assumed all powers of government and prohibited all political activities and trade unions from operating. He justified his actions as having removed alien and divisive political practices incompatible with the Swazi way of life. In January 1979, a new parliament was convened, chosen partly through indirect elections and partly through direct appointment by the King.

King Sobhuza II died in August 1982, and Queen Regent Dzeliwe assumed the duties of the head of state. In 1984, an internal dispute led to the replacement of the Prime Minister and eventual replacement of Dzeliwe by a new Queen Regent Ntombi. Ntombi's only child, Prince Makhosetive, was named heir to the Swazi throne. Real power at this time was concentrated in the Liqoqo, a supreme traditional advisory body that claimed to give binding advice to the Queen Regent. In October 1985, Queen Regent Ntombi demonstrated her power by dismissing the leading figures of the Liqoqo. Prince Makhosetive returned from school in England to ascend to the throne and help end the continuing internal disputes. He was enthroned as Mswati III on April 25, 1986. Shortly afterwards he abolished the Liqoqo. In November 1987, a new parliament was elected and a new cabinet appointed.

In 1988 and 1989, an underground political party, the People's United Democratic Movement (PUDEMO) criticized the King and his government, calling for democratic reforms. In response to this political threat and to growing popular calls for greater accountability within government, the King and the Prime Minister initiated an ongoing national debate on the constitutional and political future of Swaziland. This debate produced a handful of political reforms, approved by the King, including direct and indirect voting, in the 1993 national elections.

Although domestic groups and international observers criticized the government in late 2002 for interfering with the independence of the judiciary, parliament, and freedom of the press, significant improvements have been made concerning rule of law in the past two years. Swaziland's Court of Appeals resumed hearing cases in late 2004 after a two-year absence in protest of the government's refusal to abide by the court's decisions in two important rulings. In addition, the new Constitution went into effect in early 2006, and the 1973 proclamation, which, among other measures, banned political parties, lapsed at that time.

GOVERNMENT AND POLITICAL CONDITIONS

On July 26, 2005 King Mswati III ratified Swaziland's constitution. It went into effect February 8, 2006. This is Swaziland's first constitution in over 30 years.

According to Swazi law and custom, the monarch holds supreme executive, legislative, and judicial powers. In general practice, however, the monarch's power is delegated through a dualistic system: modern, statutory bodies, like the cabinet; and less formal traditional government structures. The king must approve legislation passed by parliament before it becomes law. The prime minister, who is head of government, and the cabinet, which is recommended by the prime minister and approved by the king, exercise executive authority. At present, parliament consists of a 65-seat House of Assembly (55 members are elected through popular vote; 10 are appointed by the king) and 30-seat Senate (10 members are appointed by the House of Assembly, and 20 are appointed by the king). House of Assembly elections were last held October 2003.

For local administration Swaziland is divided into four regions, each with an administrator appointed by the king. Parallel to the government structure is the traditional system consisting of the king and his advisers, traditional courts, 55 tinkhundla (subregional districts in which traditional chiefs are grouped), and 366 chiefdoms. Swaziland is a member of the Southern African Customs Union (SACU), with which the U.S. began negotiating a free trade agreement in May 2003. The other members of SACU are Botswana, Namibia, Lesotho, and South Africa.

Principal Government Officials

Last Updated: 2/1/2008

King: MSWATI III

Prime Minister: Absalom Themba DLAMINI

Dep. Prime Min.: Albert SHABANGU

Min. for Agriculture: Mtiti FAKUDZE

Min. for Economic Planning: Absalom Muntu DLAMINI, Rev.

Min. for Education: Constance SIMELANE

Min. for Enterprise & Employment: Lufto DLAMINI

Min. for Finance: Majozi SITHOLE

Min. for Foreign Affairs & Trade: Moses Mathedele DLAMINI

Min. for Health: Mfomfo NKAMBULE

Min. for Home Affairs: GABHENI, Prince

Min. for Housing & Urban Development: Mabili DLAMINI

Min. for Justice: David DLAMINI, Prince

Min. for Natural Resources: Dumsile SUKATI

Min. for Public Service & Information: Themba MSIBI

Min. for Public Works & Transport: Elijah SHONGWE

Min. for Regional Development: Sipho SHONGWE

Min. for Tourism & Environment: Thandie SHONGWE

Governor, Central Bank: Martin DLAMINI

Ambassador to the US: Mary Madzandza KANYA

Permanent Representative to the UN, New York: Phesheya DLAMINI

Swaziland maintains an embassy in the United States at 1712 New Hampshire Avenue, NW, Washington, DC 20009 (tel: 202-234-5002; fax: 202-234-8254). Swaziland's UN Mission is located at 408 East 50th Street, New York, NY 10022 (tel: 212-371-8910; fax: 212-754-2755).

ECONOMY

Swaziland ranks among the more prosperous countries in Africa. Most of the high-level economic activity is in the hands of non-Africans, but ethnic Swazis are becoming more active. Small entrepreneurs are moving into middle management positions. Although 70% of Swazis live in rural areas, nearly every homestead has a wage earner. The past few years have seen wavering economic growth, which has been exacerbated by the economy's inability to create new jobs at the same rate that new job seekers enter the market. This is due in part to the country's population growth rate, which strains the natural heritage and the country's ability to provide adequate social services, such as health care and education. Overgrazing, soil depletion, drought, and floods are persistent problems.

Nearly 60% of Swazi territory is held by the Crown in trust of the Swazi nation. The balance is privately owned, much of it by foreigners. The question of land use and ownership remains a very sensitive one. For Swazis living on rural homesteads, the principal occupation is either subsistence farming or livestock herding. Culturally, cattle are important symbols of wealth and status, but they are being used increasingly for milk, meat, and profit.

Swaziland enjoys well-developed road links with South Africa. It also has railroads running east to west and north to south. The older east-west link, called the Goba line, makes it possible to export bulk goods from Swaziland through the Port of Maputo in Mozambique. Until recently, most of Swaziland's imports were shipped through this port. Conflict in Mozambique in the 1980s diverted many Swazi exports to ports in South Africa. A north-south rail link, completed in 1986, provides a connection between the Eastern Transvaal rail network and the South African ports of Richard's Bay and Durban.

The sugar industry, based solely on irrigated cane, is Swaziland's leading export earner and private-sector employer. Soft drink concentrate (a U.S. investment) is the country's largest export earner, followed by wood pulp and lumber from cultivated pine forests. Pineapple, citrus fruit, and cotton are other important agricultural exports.

Swaziland mines coal and diamonds for export. There also is a quarry industry for domestic consumption. Mining contributes about 1.8% of Swaziland's GDP each year but has been declining in importance in recent years.

Recently, a number of industrial firms have located at the industrial estate at Matsapha near Manzini. In addition to processed agricultural and forestry products, the fast-growing industrial sector at Matsapha also produces garments, textiles, and a variety of light manufactured products. The Swaziland Industrial Development Company (SIDC) and the Swaziland Investment Promotion Authority (SIPA) have assisted in bringing many of these industries to the country. Government programs encourage Swazi entrepreneurs to run small and medium-sized firms. Tourism also is important, attracting more than 424,000 visitors annually, mostly from Europe and South Africa.

From the mid-1980s, foreign investment in the manufacturing sector boosted economic growth rates significantly. Beginning in mid-1985, the depreciated value of the currency increased the competitiveness of Swazi exports and moderated the growth of imports, generating trade surpluses. During the 1990s, the country often ran small trade deficits. South Africa and the European Union are major customers for Swazi exports.

Swaziland became eligible for the African Growth and Opportunity Act (AGOA) in 2000 and qualified for the apparel provision in 2001. AGOA created over 30,000 jobs, mostly for women, in Swaziland's apparel industry. However, the industry suffered in 2005-2006, due to both increased global competition as a result of the end

of the Agreement on Textiles and Clothing (ATC) on January 1, 2005, and the strong Rand (Swaziland's currency is linked to the South African Rand at par), which reduced exports.

Swaziland, Lesotho, Botswana, Namibia, and the Republic of South Africa form the Southern African Customs Union (SACU), where import duties apply uniformly to member countries. Swaziland, Lesotho, Namibia, and South Africa also are members of the Common Monetary Area (CMA) in which repatriation and unrestricted funds are permitted. Swaziland issues its own currency, the lilangeni (plural: emalangeni).

FOREIGN RELATIONS

Swaziland is a member of the United Nations, the African Union, Common Market for Eastern and Southern Africa (COMESA), and Southern African Development Community (SADC). Ten accredited ambassadors or honorary consuls are resident in the country. Swaziland maintains diplomatic missions in Brussels, Copenhagen, Kuala Lumpur, London, Maputo, Nairobi, Pretoria, Taipei, the United Nations, and Washington.

U.S.-SWAZILAND RELATIONS

The United States seeks to maintain and strengthen the good bilateral relations that have existed since the kingdom became independent in 1968. U.S. policy stresses continued economic and political reform and improved industrial relations.

The United States assists Swaziland with a number of HIV/AIDS initiatives and programs implemented through the U.S. Agency for International Development (USAID), Centers for Disease Control (CDC), the Peace Corps, African Development Foundation, the Department of Labor, and the Department of Defense. In addition, the U.S. supports small enterprise development, education, military training, institutional and human resources development, agricultural development, and trade capacity building. The U.S. is also the largest bilateral donor to the Global Fund, Swaziland's principal HIV/AIDS funding source. The U.S. Government sends about 4 Swazi professionals to the United States each year, from both the public and private sectors, primarily for master's degrees, and about 5 others for three-to four-week International Visitor programs. In 2003, Peace Corps volunteers returned to Swaziland after a nine-year absence. The current Peace Corps/Swaziland program, Community Health Project, focuses on HIV/ AIDS and provides assistance in the execution of two components of the HIV/AIDS national strategy—risk reduction and mitigation of the impact of the disease. Volunteers encourage youth to engage in appropriate behaviors that will reduce the spread of HIV; they work with children orphaned by the HIV/AIDS pandemic; and they assist in capacity building for non-governmental organizations and community based organizations.

Principal U.S. Embassy Officials

Last Updated: 2/19/2008

MBABANE (E) 2350 Mbabane Place, Dulles, VA 20189-2350, 268-404-6441/2/3/3/4/5, Fax 268-404-5959, Workweek: M-Th, 7:30-5:00; F, 7:30-1:30, Website: http://mbabane.usembassy.gov.

TRAVEL

Consular Information Sheet

January 22, 2008

Country Description: Swaziland is a small developing nation in southern Africa. Several well-developed facilities for tourism are available. The capital is Mbabane.

Entry Requirements: A passport is required. Visas are not required for tourists and business travelers arriving in Swaziland for short visits (less than 60 days) on standard U.S. passports. Most travelers visiting Swaziland enter through South Africa.

Please Note: All travelers traveling to South Africa are strongly encouraged to have several unstamped visa pages left in their passports. South Africa requires two unstamped visa pages, excluding amendment pages, to enter the country. Visitors who do not have enough free visa pages in their passport risk being denied entry and returned to the U.S. at their own expense.

For further information on Swaziland's visa requirements, contact the Embassy of the Kingdom of Swaziland, 1712 New Hampshire Avenue NW, Washington, DC 20009; phone (202) 234-5002.

Safety and Security: Public protests, demonstrations, and strikes occur from time to time in Swaziland and are mostly in response to ongoing labor relations/difficulties. When a strike is pending, armed soldiers may be called to augment the police force, and they have used force to disrupt such events. During the course of such events, police may not distinguish between “innocent bystanders” and protesters. Americans should avoid crowds, political rallies and street demonstrations.

For the latest security information, Americans traveling abroad should regularly monitor the Department of State, Bureau of Consular Affairs' web site at http://travel.state.gov, where the current Travel Warnings and Travel Alerts, as well as the Worldwide Caution, can be found. Up-to-date information on safety and security can also be obtained by calling 1-888-407-4747 toll free in the U.S. and Canada, or for callers outside the U.S. and Canada, a regular toll-line at 1-202-501-4444.

Crime: Violent crime is a concern and is the most significant threat to American citizens visiting or working in Swaziland. Incidents of petty crime and occasionally violent crime are most prevalent in Mbabane, the capital city, and Manzini, Swaziland's urban industrial center, but also affect most other urban and rural areas. Criminals will resort to force if necessary, including deadly force, in order to accomplish their goal. Gangs are not deterred by confrontations with their intended victims. Carjacking occurs and, as with other crimes, can be potentially violent if victims do not immediately cooperate.

Congested dark urban areas are particularly dangerous at night and daytime attacks are not uncommon. The presence of others on the street should not be misinterpreted as an indication of security. Many victims report being robbed in the presence of large numbers of witnesses. Pedestrians are cautioned not to wear jewelry or carry expensive or unnecessary valuables in public. American citizens are also advised against displaying cell phones and large sums of cash, as they are targets for thieves. Money should only be converted at authorized currency exchanges and never with street vendors.

Crime victims should immediately report the incident to the nearest police station. If there is an emergency, the police can be contacted by dialing 999.

Information for Victims of Crime: The loss or theft abroad of a U.S. passport should be reported immediately to the local police and the nearest U.S. Embassy or Consulate. If you are the victim of a crime while overseas, in addition to reporting to local police, please contact the nearest U.S. Embassy or Consulate for assistance. The Embassy/Consulate staff can, for example, assist you to find appropriate medical care, contact family members or friends and explain how funds could be transferred. Although the investigation and prosecution of the crime is solely the responsibility of local authorities, consular officers can help you to understand the local criminal justice process and to find an attorney if needed.

Medical Facilities and Health Information: Medical facilities are limited throughout Swaziland. Although the Mbabane Clinic in the capital is small, it is well equipped and well staffed for minor procedures. For advanced care, Americans often choose to go to South Africa where better facilities and specialists exist. Most prescription drugs are available locally or can be imported from South Africa, but travelers are advised to bring sufficient quantities of their own required medication. A doctor's note describing the medication may be helpful if questioned by authorities.

Information on vaccinations and other health precautions, such as safe food and water precautions and insect bite protection, may be obtained from the Centers for Disease Control and Prevention's hotline for international travelers at 1-877-FYI-TRIP (1-877-394-8747) or via the CDC's website at http://wwwn.cdc.gov/travel. For information about outbreaks of infectious diseases abroad consult the World Health Organization's (WHO) web site at http://www.who.int/en. Further health information for travelers is available at http://www.who.int/ith/en. The Swaziland Embassy site indicates that vaccination against yellow fever and cholera may be required, but can be secured in Swaziland.

Travelers should be aware that Swaziland suffers from one of the highest rates of TB and HIV/AIDS in the world, and take adequate precautions to avoid exposure.

Medical Insurance: The Department of State strongly urges Americans to consult with their medical insurance company prior to traveling abroad to confirm whether their policy applies overseas and whether it will cover emergency expenses such as a medical evacuation.

Traffic Safety and Road Conditions: While in a foreign country, U.S. citizens may encounter road conditions that differ significantly from those in the United States. The information below concerning Swaziland is provided for general reference only, and may not be totally accurate in a particular location or circumstance.

Traffic accidents in Swaziland may pose an even greater hazard than crime. Visitors should use extreme caution when driving, given the relatively high rates of speed of drivers on major thoroughfares. Other hazards include poor lighting and traffic signals; presence of pedestrians, animals, and slower moving vehicles; aggressive driving behavior; and erratic stopping for pedestrian and animals. Traffic drives on the left in Swaziland, which requires U.S. drivers to exercise particular caution. Special care should be used in driving at night and in fog, especially in rural areas. Rural and suburban areas are poorly lit and pose additional safety hazards as pedestrians and animals cross the road. Many vehicles are poorly maintained and lack headlights.

Extreme caution is recommended if/ when using mini-bus taxis, which follow fixed routes and are flagged down by passengers almost everywhere on the streets and roads of Swaziland. Many of these vehicles fail to meet minimal safety standards. Drivers frequently overload the vehicles and travel at excessive speeds. Fatal accidents involving these conveyances are very common.

Aviation Safety Oversight: The U.S. Federal Aviation Administration (FAA) has assessed the Government of Swaziland's Civil Aviation Authority as not being in compliance with International Civil Aviation Organization (ICAO) aviation safety standards for the oversight of Swaziland's air carrier operations. For more information, travelers may visit the FAA's web site at http://www.faa.gov.

Special Circumstances: It is illegal to photograph Swaziland's government buildings, members of the Swazi armed forces, royal residences and official ceremonies without prior permission from government authorities.

Criminal Penalties: While in a foreign country, a U.S. citizen is subject to that country's laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. Penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating Swazilan-dlaws, even unknowingly, may be expelled, arrested or imprisoned. Penalties for possession, use, or trafficking in illegal drugs in Swaziland are severe, and convicted offenders can expect long jail sentences and heavy fines. Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime, prosecutable in the United States.

Children's Issues: Because Embassy Mbabane does not process immigrant visas, adoptions of Swazi children are processed at Consulate General Johannesburg, South Africa. For information on international adoption of children and international parental child abduction, see the Office of Children's Issues website at http://travel.state.gov/family.

Registration and Embassy Locations: Americans living or traveling in Swaziland are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department's travel registration web site so that they can obtain updated information on travel and security Swaziland. Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency. The U.S. Embassy is located in the Central Bank Building on Mahlokohla Street in the capital city of Mbabane. The mailing address is Box 199, Mbabane, Swaziland. The telephone number is (268) 404-6441/ 5; fax (268) 404-5959.

International Adoption

June 2006

The information in this section has been edited from a report of the State Department Bureau of Consular Affairs, Office of Overseas Citizens Services. For more information, please read the International Adoption section of this book and review current reports online at http://travel.state.gov/family.

Disclaimer: The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and current understanding. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

Intercountry adoptions in Swaziland are governed by the Adoption of Children Act of 1952. Under this law, an adopted child cannot be removed from the Kingdom of Swaziland within one year of adoption unless permission has been obtained, in writing, from the Minister of Home Affairs.

Patterns of Immigration: Recent U.S. immigrant visa statistics indicate that only one immigrant visa was issued to an orphan from Swaziland in the last five fiscal years.

Adoption Authority: The government office responsible for adoptions in Swaziland is:

Department of Social Welfare
Ministry of Health and Social
Welfare
Box 5 Mbabane, Swaziland
Tel: +268-404-2431
Fax: +268-404-2092

Eligibility Requirements for Adoptive Parents: Prospective adoptive parent(s) are required to undergo a home study by a Social Welfare Officer. The adoptive parent(s) must be at least 25 years old and at least 25 years older than the child, if the adopted child is over 16 years of age. In addition, the law requires that adoptive parent(s) be “qualified” and of “good repute.” Note: U.S. immigration law requires that an adopted orphan be under the age of sixteen in order to qualify for a U.S. immigrant visa.

Residency Requirements: Swaziland has no residency requirements for prospective adoptive parents.

Time Frame: The time frame for adoption procedures differs widely and depends in large part on how quickly prospective adoptive parents(s) and their agents collect the necessary paperwork. From start to finish, the process can take up to three months. Applying for a Swaziland passport for the child (necessary for the U.S. immigrant visa application) can take additional time.

Adoption Agencies and Attorneys: There are no adoption agencies or adoption attorneys in Swaziland. Prospective adoptive parents apply directly to the Department of Social Welfare. However, prospective adoptive parents must hire a local attorney to assist them with some steps in the process. The U.S. Embassy in Swaziland has a list of lawyers known to work with U.S. citizens. Please contact the U.S. Embassy in Mbabane for a list of lawyers. Neither the U.S. Department of State nor the U.S. Embassy in Mbabane can vouch for the efficacy or professionalism of attorneys referenced on this list.

Adoption Fees: The Department of Social Welfare does not charge any fees for processing adoptions; nor does the Magistrate's Courts. Appropriate lawyers' fees will apply. All paperwork submitted to the Courts or to the Department of Social Welfare must get a “revenue stamp” (E10 or USD $1.50) and the fee for a passport is Emalangeni 150 (USD $25).

Adoption Procedures: Adoption procedures are initiated when a prospective adoptive parent(s), having first identified the child to be adopted, submits an adoption request to the Department of Social Welfare office in the district where the child resides. The Department will have one of its Social Welfare Officers conduct a home study, if the prospective adoptive parents reside in Swaziland. In the case where the adoptive parents reside outside Swaziland, the Department of Social Welfare will generally accept a home study completed by a reputable adoption agency.

The prospective adoptive parents should hire a lawyer to refer the case to the Magistrate's Court for an adoption hearing. Amongst other considerations, the Court must decide that the adoption is in the best interests of the child. In addition, the Court must receive consent from the child's parents, from the guardian in the case where the parents are deceased, or from the child if he/she is over 10 years of age. An adoption order terminates all rights and legal responsibilities existing between the child and any legally recognized parent or extended family. The adopted child is thereafter deemed by law to be the legitimate child of the adoptive parents. Prospective parents can apply for a revised Swaziland birth certificate based on the official order of adoption.

An adopted child cannot be removed from the Kingdom of Swaziland within one year of adoption unless permission has been obtained, in writing, from the Minister of Home Affairs. Once permission has been obtained, the parents may apply to the Ministry of Home Affairs for the passport. The passport fee is E150 (USD $25).

Required Documents:

• Request for adoption to the Department of Social Welfare;
• Home study;
• Identification of prospective adoptive parents;
• Other documents may be requested as the case proceeds.

Embassy of the Kingdom of
Swaziland
1712 New Hampshire Avenue, NW
Washington, DC 20009
Tel: +202-234-5002

U.S. Immigration Requirements: Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

Please see the International Adoption section of this book for more details and review current reports online at http://travel.state.gov/family.

U.S. Embassy, Mbabane
Central Bank Building
Mahlokohla Street, Mbabane
Box 199
Mbabane, Swaziland
Tel: +268-404-6441/5
Fax: +268-404-5959
Email: [email protected]

The U.S. Embassy in Swaziland does not conduct immigrant visa interviews or make decisions in immigrant visa cases. All immigrant visa applications for citizens of Swaziland, including adopted children, are reviewed at the U.S. Consulate General in Johannesburg, South Africa.

Additional Information: Specific questions about adoption in Swaziland may be addressed to the U.S. Embassy in Swaziland. Questions about U.S. immigrant visas for adopted children from Swaziland should be directed to the U.S. Consulate General in Johannesburg at the address provided above. General questions regarding intercountry adoption may be addressed to the Office of Children's Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.