The Refugee Protection Act of 2017 governs asylum procedures, including status determination, issuance of documentation, and appeal mechanisms. It incorporates non-refoulement provisions and establishes both the National Refugee Eligibility Committee and a National Refugee Appeals Board. However, the latter has yet to be operationalized. At the Global Refugee Forum (GRF) in 2023, Eswatini pledged to develop regulations to implement the Act and to operationalize the Appeals Board. Despite these advances, challenges remain. Refugees often face difficulties accessing business licenses and employment, particularly in urban settings. 

On statelessness, Eswatini has made notable strides. The country conducted a comprehensive study on statelessness and launched a nationwide civil registration and documentation initiative, which is now beyond its halfway point. In June 2023, Parliament passed the Civil Registration and Vital Statistics (CRVS) Bill, which introduces protections for stateless orphans and foundlings and removes gender-unequal provisions from earlier legislation. The bill awaits royal assent.

However, Eswatini has not yet reformed its nationality law to ensure gender equality in nationality transmission. The Constitution and Citizenship Act still prevent women from conferring nationality on their children on equal terms with men. While Eswatini pledged at the GRF to address this issue, reforms remain pending and are complicated by constitutional requirements.

The country’s legal and policy framework remains in transition, but recent developments reflect growing commitment to strengthening protection for refugees and stateless persons.