'Botswana's human rights record questionable'

OARABILE MOSIKARE
Staff Writer | Tuesday May 21, 2013 00:00

In an article in the UB Journal, Bonolo Ramadi Dinokopila writes that Botswana's good human rights record has become questionable.  Titled, Bringing the Paris Principles home: Towards the establishment of a National Human Rights Commission in Botswana, the article highlights, among areas of concern, the death penalty and lack of choice in termination of pregnancy. 'Despite being rated a free country by Freedom House, Botswana remains one of the few death penalty retentionist countries and continues to outlaw termination of pregnancy by choice,' argues Dinokopila.

Dinokopila also notes that there exists, growing concerns over issues pertaining to racial discrimination, xenophobia and other related intolerances.  'Women, children, refugees and asylum seekers, indigenous groups, members of the gay and lesbian community as well as prisoners continue to be marginalised in modern day Botswana.

 Botswana has a backlog of reports in almost all the international human rights protection bodies,' he says.  The UB academic suggests that Botswana must put in place institutional mechanisms or satisfactory complaint mechanisms that will ensure substantive protection of human rights.

Dinokopila further argues that the time has come for Botswana to establish an independent National Human Rights Institution.  The article also seeks to pioneer a debate in Botswana that will eventually lead to the establishment of an autonomous autochthonous human rights institution.

He explains that there is no independent institution that has the mandate to deal with human rights issues and has been established in accordance with the principles relating to the establishment of national human rights institutions (Paris Principles).  Botswana has only established the Office of the Ombudsman and the Directorate on Corruption and Economic Crime (DCEC).

Other institutions cited as being part of the institutional framework for the promotion and protection of human rights in Botswana, include the courts, the legislature, the Directorate of Public Prosecutions (DPPs), the Attorney-General's Chambers and generally the legal profession.

'As a result, they usually handle human rights issues as and when they arise during the course of their core businesses.  Botswana's record as regards the submission of state reports to the various monitoring bodies is unimpressive.

Recent events have indicated that there is need to have an institution that could monitor the implementation of human rights in Botswana.  These events include: concerns over alleged forced relocations of Basarwa; the government's denial of language rights to other tribes; issues surrounding the criminalisation of same sex relations; alleged Òextra-judicial killingsÓ as well as access to HIV/AIDS medication by prisoners and refugees,' asserts Dinokopila.

He states that an institution of such a nature is necessary considering Botswana's poor record of domestication of international human rights instruments.  'Many instruments that Botswana is a party to remain either partly domesticated or not domesticated at all.  For example, Botswana is yet to enact legislation that will ensure that there is no discrimination of people living with HIV/AIDS, especially in the workplace.  There have been several pronouncements on the issue on cases that have been brought before the Industrial Court as well as in the Court of Appeal.  There is no disability-specific legislation; there are laws that still criminalise sexual activities between persons of the same sex as well as laws which in effect outlaw prostitution.'

The current provisions of the Constitution relating to the protection of vulnerable groups are inadequate, he contends.  Dinokopila says other key concerns relating to the death penalty are the continued secrecy surrounding the executions.  'Relatives are not allowed to attend the execution, or visit the grave.  There is also the problem of prolonged delays between sentencing and execution.  A National Human Rights Commission in Botswana can fill this gap and assist in advising the government on the human rights implications of these laws,' he concludes.