Legal Framework
The constitution prohibits religious discrimination and provides for freedom of thought, conscience, and religion, including the right to worship, alone or in community with others, and to change religion or belief. These rights may be limited by laws that are “reasonably required” in the interest of defense, public safety, order, morality, health, or protecting the rights of others. The constitution provides religious groups the right to establish and operate private schools and to provide religious instruction for their students without interference from the government.
The law requires religious groups to register with the government. The Ministry of Home Affairs is the government agency responsible for monitoring religious affairs in the country. To register as a religious group, Christian groups must apply through one of the country’s three umbrella religious bodies – the League of Churches, Swaziland Conference of Churches, or Council of Swaziland Churches – for a recommendation, which is routinely granted and does not impede registration, according to church leaders. The application process requires a group to provide its constitution, membership, and physical location, along with the umbrella body’s recommendation, to the Ministry of Commerce, Industry, and Trade, which then registers the organization. For indigenous religious groups and non-Christian religious organizations, authorities consider proof of a religious leader, a congregation, and a place of worship as sufficient grounds to grant registration. Registered religious groups are exempt from taxation, but contributions are not tax deductible.
All prospective builders, including religious groups, must obtain government permission for the construction of new buildings in urban areas, and permission from the appropriate chief and chief’s advisory council for new buildings in rural areas. In some rural communities, chiefs have designated special committees to allocate land to religious groups for a minimal fee.
Christian religious instruction is mandatory in public primary schools and is incorporated into the daily morning assembly. Christian education is also compulsory in public secondary schools. There are no opt-out procedures. Religious education is neither prohibited nor mandated in private schools.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
A 2017 directive declaring Christianity the only religion in the public school curriculum and banning the teaching of other religions remained in effect. In April, a group of University of Eswatini researchers completed a study on the effects of the 2017 directive and published a journal article recommending that the government review the curriculum to suit the needs of all learners and ensure that constitutional protections against religious discrimination are honored in practice. In September, Deputy Speaker of the House of Assembly Phila Buthelezi, in his role as chair of the Public Accounts Committee, publicly asked whether it was time for the government to reconsider the 2017 directive and stated his intention to introduce a motion for reconsideration in the next session of the Assembly. As of year’s end, the government had not reacted to the study nor to Buthelezi’s call for reconsideration of the 2017 directive. According to religious leaders and civil society organizations, school administrations continued to permit only Christian religious youth clubs to operate in public schools. Christian clubs sometimes conducted daily prayer services in public schools and were permitted to raise funds on campus. Christian clubs’ activities were normally conducted during lunch breaks, weekends, and school holidays.
During the year, Deputy Prime Minister (DPM) Themba Masuku hosted an interfaith dialogue in which he called for religious leaders to collaborate among themselves and with the DPM’s office to help raise awareness of, and fight against, poverty, sexual exploitation, rape, truancy, domestic violence, and other crimes and social ills. Religious leaders reported that the DPM’s efforts were both welcome and helpful in encouraging coordination and cooperation on commonly held goals. A Muslim leader highlighted the DPM’s efforts to engage with various faith groups and said that religious tolerance appeared to have improved somewhat during the year as a result of more frequent and more inclusive dialogue.
Religious leaders said the government continued to protect the right of Muslim workers to close businesses in order to attend Friday afternoon prayers at mosques despite government-mandated business operating hours. Businesses owned by members of the Baha’i community were allowed to close shops in observance of Baha’i religious holidays. Public schools, however, did not excuse students from attendance on non-Christian religious holidays, Friday Islamic prayers, or Saturday services, such as for Seventh-day Adventists.
Non-Christian groups reported the government continued to provide some preferential benefits to Christians, such as free time on state television and radio. Government-owned television and radio stations broadcast daily morning and evening Christian programming. The government continued to provide each of the three Christian umbrella religious bodies and their affiliates with free airtime to broadcast daily religious services on the state-run radio station. Local newspapers provided free space in their announcement sections to Christian groups but not to non-Christian groups.
The monarchy, and by extension the government, aligned itself with Christian faith-based groups and supported Christian activities such as commemorating Christian holidays. Official government programs often opened with a Christian prayer, and several government ministers held Christian prayer vigils, which civil servants were expected to attend.