Ditshwanelo

On the 3-6 March 2006, Botswana is due to present its State Report to the UN Committee on the Elimination of Racial Discrimination in Geneva. DITSHWANELO – The Botswana Centre for Human Rights will also present its Shadow Report, addressing how far Botswana is complying with its obligations under the Convention and highlighting areas of concern. Marginalised sectors of society continue to face daily discrimination in Botswana. At a workshop on the rights of minority groups and communities on the 7 and 8 December 2005 in Gaborone, various interested parties examined the key challenges currently facing four of Botswana’s minority groups; namely indigenous peoples, ethnic minorities, refugees and sexual minorities. It also explored realistic ways of improving their situations. We are grateful to HIVOS for sponsoring this important workshop which makes great strides into addressing minority issues in Botswana.

In anticipation of the forthcoming presentations to the UN and following intensive discussions at the workshop, this statement is issued on behalf of the Non-Governmental Organisations listed below:

Indigenous Peoples: Since independence in Botswana in 1966, many Basarwa/San from all over the country have been disempowered. They have faced many challenges to their human rights, including displacement from lands which they had occupied, loss of livelihood, torture, discrimination and a lack of recognition. The hunter-gathering livelihood of the Basarwa/San is as valid a land use option as any other and it should be recognised as such. Loss of land occupation has led to a loss of culture, loss of self-worth and despair. Additionally, the Basarwa/San remain the poorest of the poor in this country. Even at a time when the international donor agencies are withdrawing from Botswana, citing it as a middle-income country, cases of hunger and malnutrition in the Basarwa/San communities of the Western district have been reported. There is a dire need for humanitarian assistance and social support for these communities. We need to capacitate the Basarwa/San to access resources and development on an equal basis with other Batswana. We therefore call for:

A continuation of the Government’s policy of Community Based Natural Resource Management, which provides an opportunity for the self-empowerment of the Basarwa/San;
Education to be more culturally sensitive and allow for mother tongue education;
The Tribal Land Act, the Chieftainship Act and the Constitution to be amended to ensure substantive equality for all, in particular the Basarwa/San;
Engagement with Basarwa/San communities to ensure that they have a say in their own development processes.

Ethnic Minorities: Throughout the world, ethnic tension causes social division and conflict, sometimes with catastrophic consequences. The Constitution of Botswana allowed only 8 tribes to be officially recognized and represented in the House of Chiefs and this has contributed to ethnic tension. The Constitution was drafted in 1965 and it has excluded the 26 other tribes and indigenous peoples who make up the people of Botswana. Although the Constitutional Amendment Act is a step in the right direction, it does not go far enough to ensure equal ethnic representation. Language forms an essential part of ethnic identity of all the tribes of Botswana and yet Setswana and English are the only official languages. When children are denied an education in their mother tongue, not only are they disadvantaged in terms of their learning, but their ethnic identity is eroded. A concerted effort by Government and civil society groups is needed to address this issue. We call for the following:

A thorough Constitutional review process to ensure equal legislative representation and protection for all ethnic groups;
Education programmes to be developed to incorporate all of Botswana’s ethnic diversity and the teaching of all Botswana languages;
Government messages and in particular health and HIV/AIDS information to be translated into all Botswana languages.

Refugees: Those seeking to be considered as refugees in Botswana, are people who face often violent persecution in their own countries due to their race, religion, nationality, political opinion or membership of a particular social group. Botswana has obligations to observe international conventions and laws relating to the protection of refugees and yet many refugees remain acutely vulnerable in our society. Asylum seekers, including women and children can be forced to remain at the Centre for Illegal Immigrants for extensive periods of time, whilst the Refugee Advisory Committee considers their application for refugee status. Poverty is also a key issue as many refugees have only limited access to formal sector employment in Botswana. When employed, they are often paid minimal wages and are vulnerable to exploitation. With regard to health, refugees are currently excluded from nationwide HIV/AIDS treatment measures and this has negative implications both for refugees and for the possibility of further transmission of the disease. To address these issues, we call for the following:

A comprehensive review of outdated, unwieldy refugee legislation in Botswana to incorporate all its international obligations relating to refugees into domestic law;
A review of the policies of the Refugee Advisory Committee to ensure that the 28 day legal time limit for detention pending status determination in the Refugee (Recognition and Control) Act is adhered to;
That no women and children should be kept in detention in prison-like conditions;
That refugees be encouraged into formal sector employment so that they are afforded the protection that such employment offers and can achieve self-sustainability;
That the National Anti-Retroviral Therapy programme and Prevention of Mother to Child Transmission of HIV programme be extended to refugees.

Sexual Minorities: Sexual Minorities, also known as LGBTI’s (lesbian, gay, bisexual, transgendered and intersexed) still face many challenges in Botswana. Despite the stated aspirations of safety, equality, justice and tolerance of Vision 2016, homosexual sex is criminalised by the current Penal Code and there is no protection against discrimination on the grounds of sexual orientation within the Constitution. The existence of LGBTI’s in Botswana society is still denied by political and religious authorities and in everyday life, they are the victims of ignorance, violence, abuse and discrimination. We therefore call for the following:

s.164 of the Penal Code which criminalises homosexual sex to be repealed;
Sexual orientation to be incorporated within S.3 of the Constitution in order to protect against discrimination;
LGBTI’s to be mainstreamed into national programmes eg. Sexual and Reproductive Health education, adolescent sexual health targeted programmes, HIV/AIDS and sexually transmitted disease prevention.
The Authorities have delayed the registration of the LGBTI organisation, LeGaBiBo, for eight years. It should be registered without discrimination;
Education programmes about LGBTI’s to be developed to promote tolerance and fight the stigmatisation and isolation of sexual minority groups;
Empowerment of LGBTI’s, through training, workshops and social support

We appeal to the Botswana Government, civil society and the general public to consider the inequalities and injustices faced by the marginalised in this country and urge that we work together to achieve the aspirations of Vision 2016 by eliminating all forms of discrimination.