Human rights in Botswana
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Human rights in Botswana are protected under the constitution. The 2009 Human Rights Report by the United States Department of State noted that in general the government of Botswana has respected the rights of its citizens.[1]
Constitution[edit]
The constitution of Botswana addresses human rights principles such as freedom of speech, Freedom of assembly and the right to life.[2]
Civil and political rights[edit]
Political freedom[edit]
Botswana has a dominant-party system in which the Botswana Democratic Party (BDP) has won every parliamentary election since independence.[3] Elections in Botswana are recognised as free and fair,[4][5] and there are no legal restrictions against opposition parties, but the opposition alleges that the BDP has access to unfair electoral advantages while it is in power.[4]
Speech and expression[edit]
The media landscape of Botswana is dominated by state media. Independent journalism is heavily regulated, and independent journalists have been arrested or harassed by the government on multiple occasions.[4] Insulting the nation of Botswana, its associated symbols, or any public official is illegal and subject to a fine.[5] Freedom of assembly is subject to government approval.[4]
Due process and punishment[edit]
The Constitution of Botswana prohibits arbitrary detention, and detained individuals are entitled to legal representation. Most law enforcement comply with these requirements, but the Directorate of Intelligence and Security Services unlawfully detained political opponents in at least two instances in 2022. The government only provides free legal representation for capital crimes. Customary tribal courts do not offer the same legal protections as government courts, though they are popular with the public.[5] The independence of the judiciary is generally upheld.[4]
The Botswana Defence Force has been criticised for its aggressive actions against suspected poachers, including a shoot-to-kill order from 2013 to 2018.[4]
Prison conditions in Botswana meet international standards, and prison officials are held responsible for inhumane conditions. The government of Botswana has been criticised by human rights groups for some of its criminal penalties, including capital punishment and corporal punishment.[5]
Labour rights[edit]
The right to unionise is protected for all workers except for police, military, and prison workers, and union activity is protected for registered unions. Unregistered unions do not receive the same protections. Strike action is legally protected for all industries except aviation, health, electrical, water and sanitation, fire, and air traffic control services, though significant restrictions are applied and strikes are only allowed under limited circumstances.[5]
The government guarantees a minimum wage for all workers. As of 2022, this is 7.22 pula ($0.56 USD) per hour. Work hours are limited to 48 hours per week before overtime pay is required.[5]
Discrimination[edit]
Indigenous people[edit]
Many of the indigenous San people have been forcibly relocated from their land onto reservations. To make them relocate, they were denied from accessing water from their land and faced arrest if they hunted, which was their primary source of food.[6] Their lands lie in the middle of the world’s richest diamond field. Officially, the government denies that there is any link to mining and claims the relocation is to preserve the wildlife and ecosystem, even though the San people have lived sustainably on the land for millennia.[6] On the reservations, they struggle to find employment and alcoholism is rampant.[6]
On 24 August 2018 the UN Special Rapporteur on Minorities, Fernand de Varennes, issued a statement calling on Botswana "to step up efforts to recognise and protect the rights of minorities in relation to public services, land and resource use and the use of minority languages in education and other critical areas."[7] He also expressed, “Many minority children living in remote areas of the country are torn from their families and forced to stay in boarding school hostels, sometimes hundreds of kilometres away from their communities; they may be taught in a language they do not yet speak, with over-burdened care-givers not familiar with their culture, and often lacking material and emotional support. This form of institutionalisation leads to forced assimilation that has a serious negative impact on the performance in school of many, if not most, of these children, and often forces them to drop out, at a heavy personal and social cost. Less intrusive and harmful approaches to providing education for these children, particularly those of a very young age, must be explored and put into force.” [7] He continued, saying, “Since its independence in 1966, Botswana has not provided for the official recognition of its numerous tribes, with the exception of the Wayeyi and the Basubiya. In addition, it has maintained a three-tiered legislative and institutional framework that appears to award privileges to the eight constitutionally recognized Tswana tribes, both in terms of representation in the House of Chiefs as well as with regard to control of local administration structures.”
According to Varennes, however, “Botswana has made considerable progress in economic development and other areas including education and literacy, religious freedom, the fight against HIV/AIDS and corruption, but more must be done for minorities.” [7]
LGBT rights[edit]
LGBT rights are a controversial subject in Botswana, and members of the LGBT community are often stigmatised. As with many countries in Africa, Botswana has a significant population that rejects the existence of homosexuality on the continent, considering it to be a Western phenomenon. LEGABIBO has been the primary LGBT rights organisation in Botswana since 1998.[8][9]
Botswana's sodomy laws were unanimously overturned by the High Court of Botswana on 11 June 2019. Prior to this, it was a crime to engage in "carnal knowledge of any person against the order of nature" or "acts of gross indecency".[10] In the same ruling, it was determined that sex-based legal protections also applied to sexual orientation.[11] It was made illegal to fire an employee on the basis of sexual orientation in 2010.[10] The High Court of Botswana ruled in 2017 that transgender people had a constitutional right to have their gender identity legally recognised.[12][13]
Women's rights[edit]
The issue of women's rights was prominent in the 1980s and 1990s, often referred to as the time "when women started talking". Emang Basadi was the most prominent Botswanan women's rights organisation during this period, focusing at first on challenging laws that limited women's rights and later on political education for women. The Botswana Caucus for Women in Politics was formed by Emang Basadi in 1997 to take over these responsibilities, but it has not seen the same level of activity.[14]
Attorney General of Botswana v. Unity Dow was a landmark case in Botswana women's rights, in which Unity Dow challenged the Botswanan nationality law that only allowed citizenship to be inherited paternally.[14]
The Woman's Affairs Department is the government agency responsible for addressing women's issues. It has been criticised by women's activists for being ineffectual. As of 2010, Botswana and Swaziland were the only countries in southern Africa not to have a women's issues agency at the department level.[14]
Historical situation[edit]
The following chart shows Botswana's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free".[15][a]
| Year | Political Rights | Civil Liberties | Status | President[b] |
|---|---|---|---|---|
| 1972 | 3 | 4 | Partly Free | Seretse Khama |
| 1973 | 2 | 3 | Free | Seretse Khama |
| 1974 | 2 | 3 | Free | Seretse Khama |
| 1975 | 2 | 3 | Free | Seretse Khama |
| 1976 | 2 | 3 | Free | Seretse Khama |
| 1977 | 2 | 3 | Free | Seretse Khama |
| 1978 | 2 | 3 | Free | Seretse Khama |
| 1979 | 2 | 2 | Free | Seretse Khama |
| 1980 | 2 | 3 | Free | Seretse Khama |
| 1981 | 2 | 3 | Free | Quett Masire |
| 1982[c] | 2 | 3 | Free | Quett Masire |
| 1983 | 2 | 3 | Free | Quett Masire |
| 1984 | 2 | 3 | Free | Quett Masire |
| 1985 | 2 | 3 | Free | Quett Masire |
| 1986 | 2 | 3 | Free | Quett Masire |
| 1987 | 2 | 3 | Free | Quett Masire |
| 1988 | 2 | 3 | Free | Quett Masire |
| 1989 | 1 | 2 | Free | Quett Masire |
| 1990 | 1 | 2 | Free | Quett Masire |
| 1991 | 1 | 2 | Free | Quett Masire |
| 1992 | 1 | 2 | Free | Quett Masire |
| 1993 | 2 | 3 | Free | Quett Masire |
| 1994 | 2 | 3 | Free | Quett Masire |
| 1995 | 2 | 2 | Free | Quett Masire |
| 1996 | 2 | 2 | Free | Quett Masire |
| 1997 | 2 | 2 | Free | Quett Masire |
| 1998 | 2 | 2 | Free | Quett Masire |
| 1999 | 2 | 2 | Free | Festus Mogae |
| 2000 | 2 | 2 | Free | Festus Mogae |
| 2001 | 2 | 2 | Free | Festus Mogae |
| 2002 | 2 | 2 | Free | Festus Mogae |
| 2003 | 2 | 2 | Free | Festus Mogae |
| 2004 | 2 | 2 | Free | Festus Mogae |
| 2005 | 2 | 2 | Free | Festus Mogae |
| 2006 | 2 | 2 | Free | Festus Mogae |
| 2007 | 2 | 2 | Free | Festus Mogae |
| 2008 | 2 | 2 | Free | Festus Mogae |
| 2009 | 3 | 2 | Free | Ian Khama |
| 2010 | 3 | 2 | Free | Ian Khama |
| 2011 | 3 | 2 | Free | Ian Khama |
| 2012[16] | 3 | 2 | Free | Ian Khama |
| 2013[17] | 3 | 2 | Free | Ian Khama |
| 2014[18] | 3 | 2 | Free | Ian Khama |
International treaties[edit]
Botswana's stances on international human rights treaties are as follows:
See also[edit]
Notes[edit]
- ^ Note that the "Year" signifies the "Year covered". Therefore the information for the year marked 2008 is from the report published in 2009, and so on.
- ^ As of January 1.
- ^ The 1982 report covers the year 1981 and the first half of 1982, and the following 1984 report covers the second half of 1982 and the whole of 1983. In the interest of simplicity, these two aberrant "year and a half" reports have been split into three year-long reports through interpolation.
References[edit]
- ^ , U.S Dept of State Human Rights Report: Botswana
- ^ "Constitution of Botswana 1966 - Table of Contents". Commonlii.org. 30 September 1966. Archived from the original on 30 September 2011. Retrieved 8 November 2012.
- ^ Somolekae, Gloria (1 January 2005). Political Parties in Botswana (Report). Electoral Institute for Sustainable Democracy in Africa. p. 6. Retrieved 14 November 2022.
- ^ a b c d e f "Botswana: Freedom in the World 2022 Country Report". Freedom House. Retrieved 28 July 2023.
- ^ a b c d e f "2022 Country Reports on Human Rights Practices: Botswana". United States Department of State. Retrieved 28 July 2023.
- ^ a b c "Botswana bushmen: Modern life is destroying us". BBC News. 7 January 2014. Archived from the original on 25 March 2016. Retrieved 24 July 2016.
- ^ a b c "Botswana minorities need boost in education and health care, says UN expert urging Bill of Right". United Nations. Retrieved 12 April 2024.
- ^ Selemogwe, Morekwe; White, Dale (2013). "An Overview of Gay, Lesbian and Bisexual Issues in Botswana". Journal of Gay & Lesbian Mental Health. 17 (4): 406–414. doi:10.1080/19359705.2013.793223. ISSN 1935-9705.
- ^ Tabengwa, Monica; Nicol, Nancy (2013). "The development of sexual rights and the LGBTI movement in Botswana". In Lennox, Corinne; Waites, Matthew (eds.). Human Rights, Sexual Orientation and Gender Identity in the Commonwealth: Struggles for Decriminalisation and Change. Human Rights Consortium, Institute of Commonwealth Studies. ISBN 978-0-9573548-8-3.
- ^ a b Fox, Kara (11 June 2019). "Botswana scraps gay sex laws in big victory for LGBTQ rights in Africa". CNN. Retrieved 28 July 2023.
- ^ Rickard, Carmel (13 June 2019). "It's not just sex: sexual orientation discrimination no longer allowed by Botswana's constitution". AfricanLII. Retrieved 28 July 2023.
- ^ "Activists celebrate Botswana's transgender court victory". Reuters. 4 October 2017. Retrieved 28 July 2023.
- ^ Camminga, B (30 July 2020). "One for one and one for all? Human rights and transgender access to legal gender recognition in Botswana". International Journal of Gender, Sexuality and Law. 1 (1). doi:10.19164/ijgsl.v1i1.993. ISSN 2056-3914.
- ^ a b c Bauer, Gretchen (2011). "Update on the Women's Movement in Botswana: Have Women Stopped Talking?". African Studies Review. 54 (2): 23–46. doi:10.1353/arw.2011.0040. ISSN 0002-0206.
- ^ Freedom House (2012). "Country ratings and status, FIW 1973-2012" (XLS). Archived from the original on 24 April 2012. Retrieved 22 August 2012.
- ^ Freedom House (2013). "Freedom in the World 2013: Democratic Breakthroughs in the Balance" (PDF). Archived (PDF) from the original on 2 April 2015. Retrieved 25 March 2015.
- ^ Freedom House (2014). "Freedom in the World 2014" (PDF). Archived (PDF) from the original on 12 July 2015. Retrieved 25 March 2015.
- ^ Freedom House (2015). "Freedom in the World 2015" (PDF). Archived (PDF) from the original on 18 October 2015. Retrieved 25 March 2015.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 1. Convention on the Prevention and Punishment of the Crime of Genocide. Paris, 9 December 1948". Archived from the original on 20 October 2012. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 2. International Convention on the Elimination of All Forms of Racial Discrimination. New York, 7 March 1966". Archived from the original on 11 February 2011. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 3. International Covenant on Economic, Social and Cultural Rights. New York, 16 December 1966". Archived from the original on 17 September 2012. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 4. International Covenant on Civil and Political Rights. New York, 16 December 1966". Archived from the original on 1 September 2010. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 5. Optional Protocol to the International Covenant on Civil and Political Rights. New York, 16 December 1966". Archived from the original on 21 October 2012. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 6. Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity. New York, 26 November 1968". Archived from the original on 20 October 2012. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 7. International Convention on the Suppression and Punishment of the Crime of Apartheid. New York, 30 November 1973". Archived from the original on 18 July 2012. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8. Convention on the Elimination of All Forms of Discrimination against Women. New York, 18 December 1979". Archived from the original on 23 August 2012. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 9. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. New York, 10 December 1984". Archived from the original on 8 November 2010. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11. Convention on the Rights of the Child. New York, 20 November 1989". Archived from the original on 11 February 2014. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 12. Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. New York, 15 December 1989". Archived from the original on 20 October 2012. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 13. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. New York, 18 December 1990". Archived from the original on 25 August 2012. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 8b. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. New York, 6 October 1999". Archived from the original on 20 May 2011. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11b. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. New York, 25 May 2000". Archived from the original on 25 April 2016. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 11c. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. New York, 25 May 2000". Archived from the original on 13 December 2013. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15. Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Archived from the original on 19 August 2012. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 15a. Optional Protocol to the Convention on the Rights of Persons with Disabilities. New York, 13 December 2006". Archived from the original on 13 January 2016. Retrieved 29 August 2012.
- ^ United Nations. "United Nations Treaty Collection: Chapter IV: Human Rights: 16. International Convention for the Protection of All Persons from Enforced Disappearance. New York, 20 December 2006". Archived from the original on 21 August 2012. Retrieved 29 August 2012.
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