For an explanation of how to read this resource, please refer to the guide at the bottom.
AI Regulation
There is no regulation specifically governing AI in the country.
Definitions of AI
As the country is yet to establish AI regulations, there is no formal definition of AI.
Core Principles
As the country is yet to establish AI regulations, there is no formal statement of core AI principles.
Public Consultations
Based on publicly available information, we have not found evidence of invitations for public input on AI governance in the country.
Existing Legal Framework
A non-exhaustive list of regulations that might affect AI in the country includes:
- Constitution of Eswatini1
- National Development Plan 2023/24-2027/282
- Eswatini Digitalization Strategy (2024–2028)3
- Eswatini National Cybersecurity Strategy 2022-20274
- The Data Protection Act (Act No. 5 of 2022)5
- The Electronic Communications Act, 2013 (Act No. 9 of 2013)6
- The Electronic Communications and Transactions Act (Act No. 3 of 2022)7
- The Computer Crime and Cyber Crime Act, 2022 (Act No. 6 of 2022)8
Human Rights
The UDHR was adopted by the UN General Assembly on 10 December 1948. Its principles are considered universal and applicable to all UN member states. As a member of the UN, Eswatini has committed to upholding the principles of the UDHR. The Constitution of Eswatini includes provisions that protect fundamental human rights.9 Article 14(1)(c) guarantees the right to privacy (protection of the privacy of the home and other property rights of the individual). Many other rights are similarly declared in Article 14 and then elaborated upon in subsequent provisions of the Constitution. These include the rights to life (Article 15), dignity (Article 18), equality (Article 20), freedom of expression (Article 24), and work (Article 32). Free basic education and healthcare are identified under principles of State policy (Article 60(8)). Eswatini has ratified several key international human rights instruments, including the ACHPR, ICCPR, and ICESCR. However, the country has not signed or ratified the Malabo Convention.
Regulators
A non-exhaustive list of regulators that might impact AI in the country include:
- Ministry of Information, Communication and Technology10
- Eswatini Communications Commission (ESCCOM)11
- Eswatini Data Protection Authority (EDPA)12
- Eswatini Computer Incident Response Team (Sz-CIRT)13
- Eswatini Standards Authority (SWASA)14
- Commission on Human Rights and Public Administration Integrity15
R&D and Multi-Stakeholder Initiatives
Based on publicly available information, we have not found evidence of significant investments or multi-stakeholder initiatives on AI within the country.
Professional/Industry Associations
Based on publicly available information, we have not found evidence of professional or industry associations dedicated to AI in the country.
Advisory Bodies and Expert Groups
Based on publicly available information, we have not found evidence of advisory bodies or expert groups dedicated to AI in the country.
Guide
- AI Regulation: The term "regulation", as used in this resource, encompasses measures ranging from binding laws to national AI policies and strategies, government proposals, advisory guidelines, and industry standards that address AI systems and their implications.
- Existing Legal Framework: This section outlines the relevant legal framework, excluding any AI-specific regulations presented in the initial section.
- Human Rights: The following terms have the stated meanings: "ACHPR" means the African Charter on Human and Peoples’ Rights, "ICCPR" means the International Covenant on Civil and Political Rights, "ICESCR" means the International Covenant on Economic, Social and Cultural Rights, "Malabo Convention" means the African Union Convention on Cyber Security and Personal Data Protection, "UDHR" means the Universal Declaration of Human Rights, and "UN" means the United Nations. Any reference to an “Article” or “Section” of the Constitution is to the version of the Constitution referenced herein.
- Advisory Bodies and Expert Groups: This section excludes legislative and parliamentary committees.
