Introduced in Senate — S.Res. 351

III

119th CONGRESS

1st Session

S. RES. 351

IN THE SENATE OF THE UNITED STATES

July 31, 2025

Mr. Kaine submitted the following resolution; which was referred to the Committee on Foreign Relations

RESOLUTION

Requesting information on the Kingdom of Eswatini’s human rights practices pursuant to section 502B(c) of the Foreign Assistance Act of 1961.

Section 1. Request for information on Eswatini’s human rights practices

(a) Statement requested

The Senate requests that the Secretary of State, not later than 30 days after the date of the adoption of this resolution, submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, pursuant to section 502B(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(c)), a statement regarding the Kingdom of Eswatini’s human rights practices that has been prepared in collaboration with the Assistant Secretary of State for Democracy, Human Rights, and Labor and the Office of the Legal Adviser at the Department of State.

(b) Elements

The statement submitted pursuant to subsection (a) should include—

(1)

all available credible information concerning alleged violations of internationally recognized human rights by the Government of Eswatini, including—

(A)

arbitrary and unlawful arrest, detention, imprisonment, torture and cruel or inhumane treatment, including of people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government;

(B)

violations of due process rights, including a description of any opportunity provided to people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government to demonstrate that they have been wrongfully arrested, detained, or imprisoned;

(C)

enforced disappearances and arbitrary or unlawful killings, including extrajudicial killings, including of people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government;

(D)

trafficking in persons, including forced or slave labor, including of people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government; and

(E)

treatment of and legal rights and status provided by the Government of Eswatini to people in Eswatini who are not citizens of Eswatini but have been removed to Eswatini by the United States Government;

(2)

a description of the steps the United States Government has taken—

(A)

to promote respect for and observance of human rights as part of the Government of Eswatini’s activities;

(B)

to discourage any practices that are inimical to internationally recognized human rights;

(C)

to publicly or privately call attention to, and disassociate the United States and any security assistance provided for the Government of Eswatini from, any practices described in subparagraph (B); and

(D)

to assess, prior to removal, how the Government of Eswatini would treat people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government, including—

(i)

conducting individualized assessments of such individuals to determine whether the Government of Eswatini may send that person to their country of origin or last residence, and if so, whether the Government of Eswatini would provide them with meaningful opportunity before their removal to show that they may be persecuted, tortured, or otherwise harmed; and

(ii)

ensuring that the Government of Eswatini would provide such individuals with legal immigration status, should they wish to remain in Eswatini, and would be treated humanely; and

(3)

other information, including—

(A)

an assessment from the Secretary of State of the likelihood that United States security assistance (as defined in section 502B(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d))) provided to Eswatini could be used in support of activities by government officials related to the rendition, trafficking, detention, or imprisonment of people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government;

(B)

any analysis conducted by the United States Government of the conditions to be faced in Eswatini by people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government, prior to the rendition, removal, trafficking, detention, or imprisonment of such individuals to Eswatini;

(C)

an assessment from the Secretary of State of the conditions in any detention centers or prisons in Eswatini that may hold people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government, including an assessment of allegations of torture and other gross violations of human rights;

(D)

a description of any actions that the United States Government is taking to ensure that the Government of Eswatini returns people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government, in compliance with United States court orders regarding their return to the United States;

(E)

a description of any actions that the United States Government is taking to address the risk of detention, torture, or forced disappearances of people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government, or efforts to facilitate the detention, torture, or forced disappearances of such people;

(F)

a description of any actions the United States Government is taking to protect people who are not citizens of Eswatini but are within the United States jurisdiction or effective control from unlawful rendering, trafficking, or other means of removal to Eswatini;

(G)

all information regarding any agreement or financial transaction between the United States Government and the Government of Eswatini related to the rendition, removal, trafficking, detention, or imprisonment of individuals who are not citizens of Eswatini but have been removed to Eswatini by the United States Government;

(H)

all information regarding any individuals sent to Eswatini by the United States Government in 2025;

(I)

a description of any actions that the United States Government is taking to facilitate the release or return of people who are not citizens of Eswatini but have been wrongfully removed to Eswatini by the United States Government;

(J)

all information regarding any assurances the United States Government sought or received regarding the treatment of people who are not citizens of Eswatini but have been removed to Eswatini by the United States Government, prior to the rendition, removal, or trafficking of such individuals to Eswatini;

(K)

all information regarding assurances the United States Government sought or received regarding the further rendition, trafficking, removal, or transfer of people who are not citizens of Eswatini, but have been removed to Eswatini by the United States Government to countries that are not Eswatini, including the human rights conditions for such individuals in those countries; and

(L)

a summary of all meetings in 2025 between Government of Eswatini officials and Washington-based officials of the United States Government.