Botswana: Availability of state protection for women who have undergone domestic abuse

Sources consulted by the Research Directorate indicate that various forms of violence against women, including domestic abuse, rape, marital rape, sexual assault, exploitation and sexual harassment of female students by teachers, and verbal and psychological abuse are widespread problems in Botswana (Botswana Gazette 15 Nov. 2000; Country Reports 2002 31 Mar. 2003, Sec. 5; Emang Basadi Women's Association 8 Mar. 1998; Speak Out 2000). Emang Basadi Women's Association is one of the major women's non-governmental organisations (NGO) to promote "the social, economic, and legal status of women" (Country Reports 2002, 31 Mar. 2003 Sec. 5).

The Speak Out organization reported that "battering – domestic or spousal violence – is believed to be the most frequent form of violence suffered by women in Botswana" in 2000 (2000). Speak Out is a Website "voluntarily ... put together by rape survivors and those with HIV" (ibid. 19 Sept. 2000). It contains "a huge database" which "helps readers access everything from counsellors in the Northern Cape, to international organisations working in the field of rape, child abuse, domestic violence and HIV/AIDS" (ibid.).

A female minister of Commerce and Industry was quoted as stating that domestic violence could cost the government about 100m. Pula (approximately US$182,000.00 [West Africa 31 Mar. - 6 Apr. 2003, 32]) a year (Botswana Gazette 22 Mar. 2000).

According to Speak Out, in 2000, the judiciary system and its support services spent "at least 30 percent of their time on cases involving violence against women" (2000). Speak out opined that women in Botswana have "very little knowledge" of their rights under the dual system of Common and Customary Law (2000). The organization further observed that customary law "accords a husband a certain legal 'right' to 'chastise' his wife," and that this has contributed to "a general dismissal of domestic violence as a family affair not requiring prosecution" (Speak Out 2000).

According to the Emang Basadi Women's Association, no "explicit policy framework" for dealing with the issue of violence against women exists in Botswana, although there is a national policy plan that includes a policy on women in development (8 Mar. 1998).

As far as state protection is concerned, the Emang Basadi Women's Association acknowledges that the Government of Botswana has taken a number of positive" initiatives to protect women, men and children against violence. However, they have observed that there is " no special statute on violence against women in Botswana" (8 Mar. 1998). Although legal provisions that address the issue can be found in the law of criminal procedure and evidence, the laws and their application are not sufficient to prevent violence against women (Emang Basadi Women's Association 8 Mar. 1998).

According to Country Reports 2002, "greater public awareness and improved legal protection have led more victims of domestic violence and sexual assault to report incidents to the authorities" (31 Mar. 2003, Sec. 5). Nonetheless, marital rape is not recognized as a crime under the laws of Botswana (Botswana Gazette and Afrol.com

11 Mar. 2000; Speak Out 2000; Country Reports 2002 31 Mar. 2003, Sec. 5), and "police rarely were called to intervene in cases of domestic violence" (ibid.).

However, in an effort to make police officers more responsive to cases involving domestic violence, the national police force was reported to have provided them with training in 2002 (ibid.). This effort notwithstanding, women's groups allege that the police were not equipped with the "basic investigative knowledge" needed to handle rape cases (ibid.; Speak Out 2000).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Botswana Gazette. 22 March 2003. Khadija Mogami. "Botswana Stories of Courage, Stories of Abuse." [Accessed 15 Apr. 2003]

_____. 15 November 2000. Khadija Woods. "Sexual Abuse of Schoolgirls Widespread in Botswana." [Accessed 15 Apr. 2003]

Country Reports on Human Rights Practices for 2002. 31 March 2003. United States Department of State. Washington, DC. [Accessed 15 Apr. 2003]

Emang Basadi Women's Association. 8 March 1998. Dr. Athalia Molokomme. "Training, Public Education and Awareness as a Strategy to Address Violence Against Women in Botswana." Paper presented at the SADC (South African Development    Community Conference on Preventing Violence Against Women, Durban, South Africa, 5-9 March 1998. [Accessed 15 Apr. 2003]

Speak Out. 19 September 2002. "SPEAK OUT." [Accessed 17 Apr. 2003]

_____. 2000. "Rape in Botswana: A National Shame." [Accessed 15 Apr. 2000]

West Africa [London]. No. 4369. 31 March - 6 April 2003. "African Currency Table."

Additional Sources Counsulted

Africa Confidential

Africa Research Bulletin: Political, Social and Cultural Series

Country Reports

IRB Databases

Keesing's Record of World Events

NEXIS

Political Handbook of the World: 1999

Resource Centre. Country File. Namibia

Internet sources, including:

AllAfrica.com

BBC Africa

Botswana NGO Coalition Women and Law in Southern Africa (WLSA)

Gender Institute of Southern Africa

Human Rights Watch (HRW)

United Nations Development Fund for Women (UNIFEM)

Women's Human Rights Net

Women's International League for Peace and Freedom (WILPF)

Women's International Network News (WIN)

World News.com

Search engines, including

Google