Eswatini (Swaziland)
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Unclear restrictions - it is not clear to what extent restrictions apply.
Restrictions on entry to Eswatini (Swaziland)
We found no evidence of any official restrictions on entry to Eswatini based on HIV status.
According to UNAIDS and the US Department of State, Eswatini does not have any HIV-related restrictions on entry.
Nothing on the website of the Ministry of Home Affairs suggests an HIV related restriction on entry.
The visa application form published by the Embassy of Eswatini in Brussels does not contain questions or fields in relation to any health condition or status.
The Ministry of Home Affairs states that a Yellow fever certificate is required only if the applicant passes through a yellow fever area before entering Eswatini.
Restrictions on short-term stay in Eswatini (Swaziland)
It is unclear whether Eswatini imposes restrictions on short-term stay of people living with HIV.
According to UNAIDS and the US Department of State, Eswatini does not have any HIV-related restrictions on short-term stay.
According to the Foreign, Commonwealth & Development Office of the United Kingdom, those applying for a visa to study in Eswatini will need to provide, among other documents, a medical certificate. However, the contents of such certificate are not stated.
According to the Immigration Act 1964 ‘a person who is infected or afflicted with, or suffering from, a prescribed disease, or who is not in possession of a prescribed certificate of inoculation or vaccination against a prescribed disease and is not able to show sufficient evidence of protection against that disease by previous attack of that disease, unless’ is considered a prohibited immigrant.
However, it is not clear if these regulations require HIV disclosure or testing.
Restrictions on long-term stay in Eswatini (Swaziland)
It is unclear whether Eswatini imposes restrictions on long-term stay of people living with HIV.
According to UNAIDS and the US Department of State, Eswatini does not have any HIV-related restrictions on short-term stay.
According to the Ministry of Home Affairs website, a medical certificate is required for temporary residence permits, however it is not clear what the contents of this certificate are.
Treatment access in Eswatini (Swaziland)
The following summarises available information on access to healthcare for people living with HIV in Eswatini. There is no evidence that non-nationals are restricted from accessing treatment in the same way as nationals.
IOM reports that all migrants, regardless of their status, have equal access as citizens to Government‐funded health‐care services. The Constitution (2005) mandates the State to ‘take all practical measures to ensure the provision of basic health‐care services to the population’.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
There is no known HIV criminalisation in Eswatini. We are not aware of any HIV-specific criminal laws in force, and there have been no reported prosecutions for alleged HIV ‘exposure’, non-disclosure, and/or transmission under general criminal laws.
Visit the Eswatini (Swaziland) page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
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