PRESS STATEMENT ON INTELLIGENCE AND SECURITY SERVICES BILL

Parliament denies public formal opportunity to debate Bill

We, the civil society of Botswana, comprising, the Botswana Community Based Organisations Network (BOCOBONET), the Botswana Council of Churches (BCC), the Botswana Council of Non-Governmental Organisations (BOCONGO), the Botswana Network on Ethics, Law and HIV/AIDS (BONELA), DITSHWANELO – The Botswana Centre for Human Rights, Emang Basadi Women’s Association, the Media Institute of Southern Africa Botswana Chapter (MISA), Women in Law in Southern Africa (WILSA), and the Young Womens Association (YWCA), wish to express our extreme disappointment about the way in which Parliament dealt with the Intelligence and Security Service Bill (ISS) No. 23 of 2006.

On 26 March 2007, the Bill went through its second reading without being referred to a Select Parliamentary Committee. There is no doubt that in its current form, the Bill lacks values essential to a functioning democracy. The Minister of Justice, Defence and Security, Hon. Phandu Skelemani, agreed with some concerns raised at a civil society meeting organised by BOCONGO earlier this year. The meeting agreed that there was no need to rush the Bill through Parliament. Hon. Skelemani supported the suggestion that the Bill be referred to a Parliamentary Committee to allow for country-wide consultations.

The BOCONGO Civil Society Consultation, attended by NGOs, political party representatives as well as Members of Parliament, raised the following main areas of concern:

◦ lack of a Parliamentary oversight body. This would ensure that officials remain accountable to the public. It would also provide the balance necessary between the safeguarding of national security concerns and human rights. Without an oversight body, there can be no assured supervision of the security forces by elected representatives. Currently, they are accountable to the President.

◦ the power to arrest without warrant given to the Director General. This applies to anybody whom s/he suspects has committed or is about to commit an offence which is a threat to national security. Such an action clearly violates the right to due process of law. Legal protection through the courts is not readily available for those without the necessary financial resources. Therefore, without a state-funded legal aid system, the poor are vulnerable to becoming victims of the abuse of this Bill, and

◦ extensive powers conferred upon the Director General who is accountable solely to the President and the Government. Without clear checks and balances monitored by Parliament, there is great risk of abuse of power and violation of the rights of those accused of committing offences.

We further wish to express concern that seventeen (17) of our Members of Parliament were absent when the motion of Member of Parliament, Hon. Keletso Rakhudu was tabled. We support his motion, which sought to have the Bill committed to a Special Parliamentary Committee for consideration of concerns raised during parliamentary debates. The Committee could have canvassed the opinions of Batswana in a consultative, participatory manner, appropriate in a functioning democracy.

We do not believe that the passing of the Bill as has been done, augers well for the future of Botswana. A cornerstone of our liberal parliamentary democracy has been undermined by those who are reluctant to work in a transparent and accountable manner.

27 March 2007

Gaborone