Eswatini nationality law is regulated by the Constitution of Eswatini, as amended; the Swaziland Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Eswatini. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Eswatini nationality is typically obtained under the principle of jus soli, i.e. by birth in Eswatini, or jus sanguinis, born to parents with Eswatini nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or the traditional khonta system.
Acquisition of nationality
Nationality can be acquired in Eswatini at birth or later in life through naturalisation or tradition.
By birth
Those who acquire nationality at birth include:
Children born in Eswatini, or aboard an aircraft or ship registered in or belonging to the Government of Eswatini, whose father is a Liswati, or would have been except for his death; or Illegitimate children born anywhere prior to 2005 whose mother is a Liswati can automatically derive nationality maternally, if the father is unknown, refuses to claim or adopt the child, or is stateless. Children born abroad can derive nationality from a father who is a native Liswati, but subsequent generations cannot derive Eswatini nationality; or Abandoned children or orphans up to the age of seven discovered in the territory whose parents are unknown.
By naturalisation
Naturalisation can be granted to persons who have resided in the territory for a sufficient period of time to confirm they understand either English or siSwati, as well as are accepted as a Liswati by the customs and traditions of the society. General provisions are that applicants have good character; can economically be self-sufficient; and can contribute to development of the nation. Support by a chief, who has consulted with the chief's council, or three reputable citizens are required for an applicant to be approved for registration. Naturalised persons are required to swear an oath of allegiance before receiving their certification. Minor children are not able to be included in a naturalisation petition. Typically a residency period of five years is required. Persons who are not ethnically considered to be Emaswati, have difficulty in obtaining nationality. Other persons who may be naturalised include:
Illegitimate children born prior to 2005 of a native Emaswati mother and a known father, whose birth is registered; Children born abroad to an Emaswati father who was also born abroad can apply for registration within one year of attaining majority; Adoptees whose parents are Emaswati automatically acquire nationality at completion of a legal adoption; or The wife of an Emaswati national may acquire nationality by declaration upon marriage.
By khonta
Persons who have the support of the chiefs' council may acquire nationality under special provisions. Under traditional law and customary practice in Eswatini, foreigners and their wives who are accepted into a chiefdom are granted a piece of land on which they can build and farm. Unmarried women who have a male child can also be granted land title. This system, known as khonta allows the person to receive a certificate of acceptance by a specific chief to his territory as authorized by the King. Since passage of the 1992 Citizenship Act, attaining a certificate of khonta automatically grants nationality without the requirement for registration or formal naturalisation.
Loss of nationality
Emaswati nationals can renounce their nationality pending approval by the state to confirm the person will not become stateless. Naturalised persons may be denaturalised in Eswatini for fraud, misrepresentation, or concealment in a naturalisation petition; for acquiring dual nationality; or for residing outside of the country for an extended period of time exceeding seven years. There are no provisions for reacquisition of lost nationality in the statutes of Eswatini.
Dual nationality
Since 1967, dual nationality, with government authorization, is typically allowed in Eswatini for nationals by birth, but not naturalised persons.
History
Swazi Nation (1750–1906)