Eswatini Minister's Anti-LGBTQ+ School Remarks Spark Rights Warnings
Eswatini Minister’s Remarks Highlight Tension Between National Laws and International Human Rights Obligations
Background on the Minister’s Statements
Eswatini’s Minister of Education and Training, Owen Nxumalo, recently stated during school visits that LGBTQ+ students have no place in schools and should face expulsion for same-sex relationships. These comments, made in the Hhohho Region near Mbabane, compare such students to gangsters and reject protections for them.[1][3] Advocacy groups view this as reinforcing discriminatory practices amid ongoing legal restrictions on same-sex conduct.[2]
Relevant Eswatini Domestic Laws
Section 185(5) of Eswatini’s Criminal Procedure and Evidence Act criminalizes consensual same-sex relations between men, carrying penalties of imprisonment despite limited enforcement.[1] Eswatini’s Constitution guarantees equality before the law, freedom from discrimination, and the right to education for all learners regardless of identity.[4] These provisions establish a legal framework that public officials’ statements may challenge through perceived endorsement of exclusion.[1]
Criminalization and Its Educational Impact
Legal advocacy documents indicate that such criminal laws foster fear, social exclusion, and unreported abuse among LGBTQ+ youth in schools.[1] This environment perpetuates stereotypes and discourages reporting of violence or discrimination. Schools, as public institutions, must align with constitutional non-discrimination mandates.[4]
International Human Rights Commitments
Eswatini has ratified the International Covenant on Civil and Political Rights, requiring states to protect rights without discrimination based on sexual orientation or gender identity.[1] This treaty obliges prevention of incitement to hatred or hostility, placing responsibility on officials to avoid harmful rhetoric against marginalized groups. It also mandates safe, inclusive educational settings free from violence.[1]
Amnesty International’s Legal Critique
Amnesty International argues the remarks violate these obligations by risking legitimized stigma, bullying, and expulsion threats.[1] The organization highlights the need for policies ensuring no punishment based on sexual orientation, alongside confidential reporting mechanisms.[1] Such positions draw on established human rights jurisprudence emphasizing dignity and equality in education.[1]
Implications for Legal Accountability
Responses from groups like PUDEMO condemn the statements as homophobic and exclusionary, urging universal guidance on student relationships without targeting specific identities.[2] This underscores tensions between cultural assertions and binding legal duties under domestic and international law. The controversy illustrates how official rhetoric can intersect with enforceable rights protections in educational jurisdictions.
Source: Eswatini education minister’s anti-LGBTQ+ remarks risk harm to students, advocates warn
