His Majesty’s Correctional Services (HMCS) has taken steps in ensuring the protection of human rights, five months after Eswatini’s commitment to the 5th Session of the Universal Periodic Review (UPR).

The department is currently engaged in the training of its officers on human rights protection following the commitment made by the Minister of Justice and Constitutional Affairs, Hon. Pholile Shakantu, in her remarks to the UPR in Geneva in November. Shakantu said the government will “systematically implement all the supported recommendations for citizens to enjoy human rights and fundamental freedoms”.

The Eswatini Commission on Human Rights and Public Administration (ECHRPA) and Anti-Corruption Commission (ACC) facilitated the training held at the Mountain Inn Hotel in Mbabane. UNDP supported the training which was a continuation of a previous partnership with the Department to train a few officers on the human rights approach of remand and correction.

Following UNDP’s support to the country to establish the National Mechanism for Reporting and Follow-up, the government timely submitted its UPR, a review of human rights records for all UN Member States, as well as the reporting obligation for the African Commission on Human and Peoples Rights.

Speaking at the official opening of the training session, HMCS Commissioner General, Ms. Phindile Dlamini, said there is a compelling reason for the engagement.

“The enactment of the Correctional Services Act No. 13 of 2017 has brought about a number of changes in which the Correctional Services pursues its mandate,” said Dlamini, adding: “Some of the novel developments brought about by the Act are the manner in which offenders are treated in a humane manner and classified, the monitoring and supervision of offenders committed on alternative sentencing methods.”

She said the highlighted issues have a bearing on international human rights instruments that Eswatini is a party to which include the following:

• International Covenant on Civil and Political Rights.
• Convention on the Rights of the Child.
• African Charter on the Rights and Welfare of the Child.
• United Nations Standard Minimum Rules for the Treatment of Prisoners.
• Standard Minimum Rules for the Administration of Juvenile Justice.
• United Nations Standard Minimum Rules for Non-custodial Measures.

 “To this end, there have been specialized treaty-specific committees who periodically issue recommendations and general comments aimed at encouraging member states to improve the human rights situation in their jurisdictions,” she said.

Dlamini further expressed the department’s appreciation to UNDP for “being a catalyst in our quest for justice for those in our care”, adding that it is not the first time that the UN Agency has partnered with HMCS. UNDP supported HMCS with airtime for inmates to stay in touch with their families during the partial lockdown and sanitary wear for female inmates to maintain their hygiene during the same period.   

Addressing the same event, UNDP Resident Representative, Ms. Rose Ssebatindira, said she was pleased to note that HMCS has already started to implement the commitment made by the government to the UPR by investing in strengthening the capacity of the officers as part of the integral duty bearers.

She said the effective application and full enjoyment of human rights in all spheres in any context begin with a full understanding of them and their responsibilities, adding that it is essential to appreciate the benefits to the country in adhering to these obligations, not only to facilitate their full enjoyment by the citizens but also to ensure sustainable development.

“When people feel that their rights are protected, they are more likely to act in a manner that is expected of valued members of society. This is not only true in our daily civic, economic and social life as we live freely in an open society, but it is also true for those who are in the custody of correctional facilities,” said Ssebatindira.

ACC Commissioner, Mr. Daniel Dlamini, acknowledged the importance of the training because educating duty bearers and the general falls within the mandate of the organization.