Botswana: Domestic violence, including services and protection for victims and whether victims have recourse to the courts (2005-2006)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 1 March 2007 |
| Citation / Document Symbol | BWA102164.FE |
| Cite as | Canada: Immigration and Refugee Board of Canada, Botswana: Domestic violence, including services and protection for victims and whether victims have recourse to the courts (2005-2006), 1 March 2007, BWA102164.FE, available at: https://www.refworld.org/docid/469cd6a42.html [accessed 29 May 2023] |
| 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. |
Corroborating sources report that domestic violence against women is widespread in Botswana (US 8 Mar. 2006, Sec. 5; UN 3 May 2005; DITSHWANELO 10 Dec. 2005; Afrol News 1 Dec. 2006; Mmegi 23 Oct. 2006). The Office of the United Nations High Commissioner for Human Rights (OHCHR) estimated in its 3 May 2005 report that 60 percent of women in Botswana are victims of domestic violence (3 May 2005). According to DITSHWANELO, a centre for human rights in Botswana, "domestic violence affects people regardless of culture, class, education, income, ethnicity and age" (10 Dec. 2005). Sources indicate "the increasing incidences of passion killings" (Mmegi 24 Jan. 2006; BBC 6 Feb. 2006; WLUML 20 Feb. 2006); the men who commit these crimes often kill their wife or girlfriend out of jealousy (US 8 Mar. 2006, Sec. 5; DITSHWANELO 10 Dec. 2005).
According to a report by Parliamentarians for Women's Health (PWH), "a groundbreaking initiative in East and southern Africa to strengthen parliamentarians' efforts to improve women's and girls' access to health services" (PWH n.d.), in Botswana, certain customs and traditions prevent married women from owning property and inheriting their deceased husband's assets (4 Jan. 2006). According to the same report, the dowry (bogadi) paid by the man to his future wife's family, a requirement that legitimizes marriages in Botswana, institutionalizes the inferior status of the woman within the marriage, making women feel like they have been bought (ibid.). According to PWH, the most common forms of violence against women in Botswana are verbal and emotional abuse, threats, sexual harassment, battering, rape, incest and murder (17 Jan. 2006).
As for protection for victims and the possibility of recourse to the courts, one PWH report notes that domestic violence itself is not a crime in Botswana, so victims can only lodge complaints of common assault (PWH 4 Oct. 2006). Country Reports on Human Rights Practices for 2005 indicates that victims rarely call on the police to intervene in cases of domestic violence (US 8 Mar. 2006, Sec. 5). The Botswana Guardian, citing Kennedy Kapinga, Deputy Police Commissioner, notes that "parents of both the murderer and the victim are often slow to react to threats," thinking that the problem will go away on its own (11 Oct. 2005). However, another newspaper article explains that the police have decided to arrest any man who threatens his partner and to charge him with threatening to kill (Mmegi 24 Jan. 2006; see also Botswana Guardian 11 Oct. 2005).
Information on the services offered to women victims of domestic violence was scarce among the sources consulted by the Research Directorate. However, some reports mention the Kagisano Society's Women's Shelter Project (Mmegi 18 Dec. 2006; ibid. 23 Oct. 2006; SAQN n.d.; DTS 2 Feb. 2004, 9). Based in Gaborone, this project provides refuge for abused women (ibid.; Mmegi 18 Dec. 2006; ibid. 23 Oct. 2006), offers counselling services (Mmegi 18 Dec. 2006), and helps women rebuild their lives (ibid. 23 Oct. 2006). According to two sources, the Women's Shelter Project is the only shelter in Botswana and receives funding from the government of Botswana and other local stakeholders (DTS 2 Feb. 2004, 9; SAQN n.d.). Women's Shelter Project staff reportedly have a good relationship with the police (Mmegi 18 Dec. 2006), who often refer victims to the shelter and who ensure some protection by patrolling the area around it (DTS 2 Feb. 2004, 9). Development and Training Services (DTS) and Chemonics International Inc., in their 2 February 2004 report, mention two other organizations: the Emang Basadi Legal Aid and Counseling Centre and the University of Botswana Law School Clinic (9). The Emang Basadi Legal Aid and Counseling Centre provides counselling services to victims of domestic violence; the University of Botswana Law School Clinic deals with divorce cases involving domestic violence (DTS 2 Feb. 2004). The clinic is staffed by law students, who volunteer to counsel victims on issues such as the obligation of men to pay child support (ibid.).
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 for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Afrol News. 1 December 2006. "Women's Vulnerability Focused on Botswana AIDS Day."
British Broadcasting Corporation (BBC). 6 February 2006. Lucas Letlhogile. "Botswana Floored by Passion Killings."
Botswana Guardian. 11 October 2005. Phemelo Ramasu. "Police Pick a 'Passion Killing' Trail."
Development and Training Services (DTS) and Chemonics International Inc. 2 February 2004. Annual Report on Best Practices, Lessons Learned and Success Stories: Illustrations from Albania, Guatemala and Southern Africa.
DITSHWANELO. 10 December 2005. "Stop Violence Against Women and Children."
Mmegi. 18 December 2006. Lekopanye Mooketsi. "Botswana: Women Still Suffering from Abuses." (AllAfrica)
_____ . 23 October 2006. Lekopanye Mooketsi. "Abused Men Turn to Women's Shelter."
_____ . 24 January 2006. Thato Chwaane. "Botswana: Passion Killings Traumatise Police." (AllAfrica)
Parliamentarians for Women's Health (PWH). 4 October 2006. Botswana and International Human Rights Instruments.
_____ . 16 May 2006. "Welcome to the Parliamentarians for Women's Health Website!"
_____ . 17 January 2006. Botswana National Workshop Report. <
Southern Africa Quaker News (SAQN). N.d. "Botswana Monthly Meeting."
United Nations (UN). 3 May 2005. Office of the United Nations High Commissioner for Human Rights (OHCHR). "Behind Closed Doors: Violence Against Women."
United States (US). 8 March 2006. Department of State. "Botswana." Country Reports on Human Rights Practices for 2005.
Women Living Under Muslim Laws (WLUML). 20 February 2006. "Botswana: Public Inquiry on 'Passion-Killings'?"
Additional Sources Consulted
Oral sources: DITSHWANELO and KaginasoWomen's Shelter Project representatives did not provide information within the time constraints of this response to information request.
Internet sites, including: AllAfrica, Action for Southern Africa, Africa Action, African Gender Institute, Amnesty International, Freedom House, Human Rights Watch, Peace Women, Save the Children, United Nations Children's Fund (UNICEF).
