In an unusual act of solidarity in spite of their opposing political views, the women’s leagues of all major political parties, including the ruling Botswana Democratic Party (BDP) Women’s League have rallied behind the BNF’s call for greater representation of women in the Constitution. Civil rights organisations such as Democracy Works and Gender Links have also joined the call to present their case for gender inclusivity to the constitutional review commission.
BNF Women’s League president, Bonang Nkoane, announced on Tuesday that the BNF is currently working together with other women representatives to draft gender-based policy to present to the constitutional review commission.
Nkoane noted that there are no political divisions when human rights are at stake indicating that, “women’s issues are common to all women, and as such, we can’t be divided.”
The draft will highlight the gaps in the judicial protection of women as well as postulate gender-based social and economic empowerment policies to be in line with the protection policies of liberalised Western nations.
The submission to the commission will also include advocacy for greater female representation in all branches of government, an area where Botswana has been sorely lacking behind the SADC average.
With only an 11% representation of women in Parliament, Botswana falls far behind the SADC average representation of 25% and even further still from SADC member state Mozambique at 40%. This is despite women making up the majority of the nation’s populace representing 51% of people in Botswana.
“The BNF is aiming to see an equal 50% representation of women in government, nothing less, in all sectors of governance. When you compare the Constitution of Botswana with the Constitution of Zimbabwe, for example, you will cry tears, not of joy but of sorrow. Our Constitution is completely gender silent,” Nkoane said.
Her reference to Zimbabwe was in relation to the constitutional amendment of 2013, which addressed Zimbabwean women's rights and gender equality as well as the establishment of an independent Women’s Rights Commission.
Nkoane stressed that in comparison, the Botswana Constitution is far too gender neutral, which allows for the violation and disregard of women’s rights.
“I know our party structures have been advocating for the review of the Constitution, but I’m ashamed it’s taken 55 years to come forth,” she emoted.
“Our Constitution is very far behind, that’s because we are an old democracy so to speak. The Constitution is the supreme law. If our Constitution is gender sensitive our political parties will be bound to listen to the plight of women,” she added.
Having never held a constitutional review since the adoption of the 1966 Constitution at independence, the need for a modernised one became one of the key focal points of President Mokgweetsi Masisi’s electoral campaign promises in 2019.
In December 2021, Masisi appointed a 19-man constitutional review commission. However, with only 42% of the commissioners being female, contention over whether the commission will adequately address the judicial needs of women has been raised.
Among the terms of reference for the commission were to assess; “the adequacy of the Constitution in relation to Botswana’s identity, principles, aspirations and values; promoting and protecting peoples’ rights, promoting equality, and promoting national unity and democracy.”
Whether this term of reference will be achieved in regards to women remains to be seen. However, in the era of rising Gender-Based Violence (GBV) awareness campaigns, it is becoming increasingly likely that the commission may submit to the pressure to create a gender inclusive Constitution.
With the dramatic shift in public opinion over the past half a century, the need for liberal ideas to refresh the conservative base of the Constitution has become more important than ever, especially in the era of open self expression.
The Women’s League along with all of its partners, will work hand in hand with all of their relevant party structures to push for the engenderment of the renewed Constitution.
