Amnesty International Report 2016/17 - Botswana
| Publisher | Amnesty International |
| Publication Date | 22 February 2017 |
| Cite as | Amnesty International, Amnesty International Report 2016/17 - Botswana, 22 February 2017, available at: http://www.refworld.org/docid/58b03419e.html [accessed 21 October 2017] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Republic of Botswana
Head of state and government: Seretse Khama Ian Khama
The rights to freedom of expression and of assembly were restricted. The rights of refugees were violated. Lesbian, gay, bisexual, transgender and intersex (LGBTI) people continued to have their rights infringed. One prisoner under sentence of death was executed.
FREEDOM OF EXPRESSION
The right to freedom of expression was restricted. In March, police arrested freelance journalist Sonny Serite after a whistleblower gave him documents that related to a corruption case he was covering. Sonny Serite was charged with receiving stolen property; the charges were withdrawn in June. The Whistle Blower Act, which provided no protection to whistleblowers who contacted the media, came into effect on 16 December.
In August, Lobatse High Court ruled that Outsa Mokone, editor of the Sunday Standard newspaper, could be charged with sedition. His lawyers had argued that sections of the Penal Code covering sedition infringed his right to freedom of expression and breached the Constitution. Outsa Mokone was arrested in 2014 after an article in the Sunday Standard alleged the involvement of Botswana's President in a road accident. The article's author, Edgar Tsimane, fled to South Africa fearing for his life and was granted asylum.
FREEDOM OF ASSEMBLY
The right to freedom of peaceful assembly was curtailed. The Public Order Act required a police permit to protest, but applications are sometimes rejected. In June, youth activist Tlamelo Tsurupe was arrested and held briefly after protesting against youth unemployment in front of parliament and refusing to move. He subsequently launched #UnemploymentMovement. In July, the movement applied for a permit to protest but this was rejected. Despite this, on 8 August the group protested outside parliament. They were beaten by police and four were arrested and held overnight at Central Police Station on charges of "common nuisance". Two of the four needed medical assistance. The police also arrested three journalists covering the protest and forced them to hand over video footage of the protest. The police subsequently granted a permit for a demonstration, which took place on 13 August.
RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND INTERSEX PEOPLE
Same-sex sexual relationships remained illegal. In August, a man charged under Section 164 of the Penal Code with "having carnal knowledge with another man against the order of nature" was sentenced to three and a half years in prison by Gaborone Magistrates Court. The Botswana Network on Ethics, Law and HIV/AIDS (BONELA), which submitted an appeal, argued that Section 164 discriminates on the basis of sexual orientation and gender identity. The appeal had not been heard by the end of 2016.
In March, in a landmark case, the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) won its appeal in the High Court to register as an independent organization. The LEGABIBO had been denied registration by the Home Affairs Ministry since 2012. The High Court ruled that the refusal to register LEGABIBO violated the applicants' rights to freedom of expression, association and assembly.
WOMEN'S RIGHTS
Sexual abuse of women and girls was reported. A councillor of the city of Sebina was accused of molesting and impregnating a 16-year-old girl. A case of defilement could not be brought against him because the Penal Code defines defilement as a sexual act with a child aged under 16. No disciplinary action was known to have been taken by the councillor's political party, the Botswana Democratic Party.
RIGHT TO HEALTH – MINEWORKERS
On 7 October, the government closed without warning or consultation the BCL and Tati Nickel mines. The sudden closures threatened anti-retroviral therapy treatment and counselling services for mineworkers living with HIV/AIDS as the government failed to make alternative health care provisions. It also left over 4,700 mineworkers uncertain about their retrenchment benefits.
REFUGEES AND ASYLUM-SEEKERS
The encampment policy, which restricts refugees to the Dukwe camp 547km from the capital, Gaborone, continued to limit refugees' freedom of movement.
The government announced that it had revoked the refugee status of Namibians from 31 December 2015, even though Namibians who had fled conflict in the Caprivi region of Namibia in 1998 still faced persecution there. Refugees who returned to Namibia in late 2015 were convicted of charges ranging from high treason to illegally exiting Namibia. Later in January 2016, the Botswana High Court ruled that Namibian refugees should not be repatriated until a legal case brought against the revocation order had been decided. The High Court judgment was upheld on appeal in March.
DEATH PENALTY
In May, Patrick Gabaakanye was executed for a murder committed in 2014. This brought to 49 the total number of people executed since independence in 1966. Executions were conducted in secret. Families were given no notice and were denied access to the burial site.
