Botswana: Rights (e.g., to work, study, access social assistance and return), and obligations of temporary and permanent residents, particularly for a person who lived in Botswana as a temporary resident for 10 years

In a telephone interview with the Research Directorate, the Deputy Chief Immigration Officer in Gaborone, Botswana, stated that the rights and obligations of residents of Botswana depend upon their status in the country (Botswana 16 Oct. 2003). He explained that there are distinctions among "temporary visitor," "temporary resident," and "permanent resident" (16 Oct. 2003). He explained that a "temporary visitor" is an individual, making a visit to Botswana, who is authorized to stay in the country for a period not exceeding six months (ibid.).

A "temporary resident," he said, is an individual who enters Botswana with the intention of staying in the country for a period of more than six months but not exceeding five years (ibid.). At the time of the application, the applicant must be stationed outside Botswana and must submit an application and a medical form provided by the Department of Immigration (ibid.).

If an applicant seeks to enter Botswana for purposes of employment, he/she must submit an application and a medical form together with a letter of offer of employment (ibid.). If the applicant is a student who intends to pursue an academic programme at one of the country's educational institutions, he or she must attach a letter of admission to the application and medical forms (ibid.). In all cases, an administration fee of 80 Pula (approximately 17.00 $US [West Africa 30 June - 6 July 2003, 34]) applies (Botswana 16 Oct. 2003).

After receiving all the required documents, the Department of Immigration and Citizenship forwards them to the authority responsible for rendering immigration decisions: the Regional Immigration Selection Board (ibid.). The Deputy Chief Immigration Officer explained that the process may take between one and three months to complete (ibid.). The outcome of the application is communicated to the Department of Immigration and Citizenship, which, in turn, notifies the applicant and issues a permit (ibid.). The Deputy Chief Immigration Officer stated that this procedure may be waived if an employer submits an application for a residence permit on behalf of his or her incoming employee (ibid.). In such cases, he said, the employee would be permitted to enter into the country and to initiate the application process from within (ibid.).

The Deputy Chief Immigration Officer also explained that applicants have the right to appeal a negative outcome to the National Immigration Selection Board (NISB), a different authority from the Regional Immigration Selection Board (ibid.). Should it be established that there is convincing evidence of irregularity or unfairness in the decision rendered by the Regional Immigration Selection Board (RISB), the NISB will authorize the Department of Immigration and Citizenship to issue the appellant with a temporary residence permit (ibid.).

With regard to permanent residency, the Deputy Chief Immigration Officer explained that in order to qualify as a permanent resident of Botswana, the applicant must have resided in Botswana for a period of between 10 and 12 consecutive years (ibid.). The applicant would submit an application form to the NISB demonstrating how he or she contributed to the economy of Botswana through investment and or employment (businessman, medical doctor, teacher, lecturer, professor, etc.) during his or her residence (ibid). He said that the process takes only one month as it is assumed that authorities would already be aware of the presence of the applicant and of his or her contribution (ibid.).

The Deputy Chief Immigration Officer also stated that both temporary and permanent residents of Botswana have the right to leave the country and to return provided that they are not absent for a period exceeding six months (ibid.). He emphasized that when a resident is absent for more than six months, he or she cannot re-enter the country because his or her residence permit will be cancelled automatically after the six months' absence (ibid.). In order to re-establish his or her residence, he or she would have to initiate a new application process (ibid.).

In addition to the above information, Section 23 (3) (a) of the Immigration Act states that

where the Minister is satisfied that a person has resided lawfully in Botswana for at least ten years under the terms and conditions of residence permit, that he/she is of good character, and has made significant contributions of benefit to Botswana, he may in writing, confer on such person the status of permanent resident, exempting, him/her from the requirement of applying for or obtaining a resident permit.

(b) ... the conferment of such a status of permanent resident may be made subject to such terms and conditions as the Minister considers necessary or desirable, and any failure by the person concerned to comply with such terms and conditions shall be an offence liable to penalties prescribed in section 32(2) (Embassy of Botswana 21 Aug. 2002).

According to the Second Secretary of the Embassy of Botswana, the penalties outlined in Section 32 (2) make an offender liable "to a fine not exceeding Pula 1000 [approx. US$ 206.00 (West Africa 30 June - 6 July 2003, 34)] or to imprisonment for a term not exceeding one year or both" (ibid.).

The following information may also be of relevance. A study carried out in 2001 on behalf of the University of Botswana by the Southern African Migration Project (SAMP) National Immigration Policy Survey (NIPS) reported changing attitudes towards immigrants (SAMP 2003,1). The sample survey comprised 781 (347 males and 434 females) people in July and August in Gaborone and Francistown (ibid., 4). The study found that very few subjects (3%) supported an open immigration policy (ibid., 18), that "support for immigrants seeking permanent residence [was] less than 35 percent " (ibid., 19) and that 20 per cent were in favour of an immigration policy that would eventually culminate with the expulsion of all immigrants, including those with legal status (ibid., 22). With regard to refugees,

only 27% felt that they should never be entitled to protection. However, [the] Batswana were also adamant that refugees should be thankful for the protection and not participate in any way in the life of the country. Asked, for example, whether refugees had the right to freedom of speech, the vast majority (73%) felt that refugees should never be granted the right to say what they wanted (ibid., 28).

According to Country Reports 2002,

during the year, there were allegations that police used excessive force in repatriating Zimbabweans who fled across the border into the country. The Deputy Commander of the Botswana Police Service and the Zimbabwean High Commissioner said that there was no truth to the allegations. Ditshwanelo, the Botswana Center for Human Rights, was not able to confirm reports of mistreatment (31 Mar. 2001 Sec. 2d).

For additional information on immigration matters in Botswana, please consult the attached document.

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, Department of Immigration and Citizenship, Gaborone. 16 October 2003. Telephone interview with the Deputy Chief Immigration Officer.

Country Reports on Human Rights Practices 2002. 31 March 2003. United States Department of State. Washington, DC. [Accessed 26 Sept. 2003]

Embassy of Botswana, Washington, D.C. 21 August 2002. Correspondence from the Second Secretary.

Southern African Migration Project (SAMP). 2003. Eugene K. Campbell and John. Ouch. Changing Attitudes Towards Immigration and Refugee Policy in Botswana. Edited by Jonathan Crush. Migration Policy Series, No. 28. Capetown & Kingston: Idasa and Queen's University Press.

West Africa [London]. 30 June - 6 July 2003. No. 4382. "African Currency Table."

Attachment

Southern African Migration Project (SAMP). 2003. Eugene K. Campbell and John. Ouch. Changing Attitudes Towards Immigration and Refugee Policy in Botswana. Edited by Jonathan Crush. Migration Policy Series, No. 28. Capetown & Kingston: Idasa and Queen's University Press.

Additional Sources Cunsulted

West Africa [London]

Africa Research Bulletin: Political, Social and Cultural Series

Amnesty International

Country Reports 2000-2001

Human Rights Watch (HRW)

The Indian Ocean Newsletter

IRB Databases

Resource Centre. Country File. Botswana.

Internet sources

Government of Botswana

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