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| Constitution |
Human rights in Botswana are protected under the constitution. The 2009 Human Rights Report by the United States Department of State noted that in general the government of Botswana has respected the rights of its citizens. [1]
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| Constitution |
Human rights in Botswana are protected under the constitution. The 2009 Human Rights Report by the United States Department of State noted that in general the government of Botswana has respected the rights of its citizens. [1]
The constitution of Botswana addresses human rights principles such as freedom of speech, Freedom of assembly and the right to life. [2]
Botswana has a dominant-party system in which the Botswana Democratic Party (BDP) has won every parliamentary election since independence. [3] Elections in Botswana are recognised as free and fair, [4] [5] and there are no legal restrictions against opposition parties, but the opposition alleges that the BDP has access to unfair electoral advantages while it is in power. [4]
The media landscape of Botswana is dominated by state media. Independent journalism is heavily regulated, and independent journalists have been arrested or harassed by the government on multiple occasions. [4] Insulting the nation of Botswana, its associated symbols, or any public official is illegal and subject to a fine. [5] Freedom of assembly is subject to government approval. [4]
The Constitution of Botswana prohibits arbitrary detention, and detained individuals are entitled to legal representation. Most law enforcement comply with these requirements, but the Directorate of Intelligence and Security Services unlawfully detained political opponents in at least two instances in 2022. The government only provides free legal representation for capital crimes. Customary tribal courts do not offer the same legal protections as government courts, though they are popular with the public. [5] The independence of the judiciary is generally upheld. [4]
The Botswana Defence Force has been criticised for its aggressive actions against suspected poachers, including a shoot-to-kill order from 2013 to 2018. [4]
Prison conditions in Botswana meet international standards, and prison officials are held responsible for inhumane conditions. The government of Botswana has been criticised by human rights groups for some of its criminal penalties, including capital punishment and corporal punishment. [5]
The right to unionise is protected for all workers except for police, military, and prison workers, and union activity is protected for registered unions. Unregistered unions do not receive the same protections. Strike action is legally protected for all industries except aviation, health, electrical, water and sanitation, fire, and air traffic control services, though significant restrictions are applied and strikes are only allowed under limited circumstances. [5]
The government guarantees a minimum wage for all workers. As of 2022, this is 7.22 pula ($0.56 USD) per hour. Work hours are limited to 48 hours per week before overtime pay is required. [5]
Many of the indigenous San people have been forcibly relocated from their land onto reservations. To make them relocate, they were denied from accessing water from their land and faced arrest if they hunted, which was their primary source of food. [6] Their lands lie in the middle of the world’s richest diamond field. Officially, the government denies that there is any link to mining and claims the relocation is to preserve the wildlife and ecosystem, even though the San people have lived sustainably on the land for millennia. [6] On the reservations, they struggle to find employment and alcoholism is rampant. [6]
On 24 August 2018 the UN Special Rapporteur on Minorities, Fernand de Varennes, issued a statement calling on Botswana "to step up efforts to recognise and protect the rights of minorities in relation to public services, land and resource use and the use of minority languages in education and other critical areas." [7] He also expressed, “Many minority children living in remote areas of the country are torn from their families and forced to stay in boarding school hostels, sometimes hundreds of kilometres away from their communities; they may be taught in a language they do not yet speak, with over-burdened care-givers not familiar with their culture, and often lacking material and emotional support. This form of institutionalisation leads to forced assimilation that has a serious negative impact on the performance in school of many, if not most, of these children, and often forces them to drop out, at a heavy personal and social cost. Less intrusive and harmful approaches to providing education for these children, particularly those of a very young age, must be explored and put into force.” [7] He continued, saying, “Since its independence in 1966, Botswana has not provided for the official recognition of its numerous tribes, with the exception of the Wayeyi and the Basubiya. In addition, it has maintained a three-tiered legislative and institutional framework that appears to award privileges to the eight constitutionally recognized Tswana tribes, both in terms of representation in the House of Chiefs as well as with regard to control of local administration structures.”
According to Varennes, however, “Botswana has made considerable progress in economic development and other areas including education and literacy, religious freedom, the fight against HIV/AIDS and corruption, but more must be done for minorities.” [7]
LGBT rights are a controversial subject in Botswana, and members of the LGBT community are often stigmatised. As with many countries in Africa, Botswana has a significant population that rejects the existence of homosexuality on the continent, considering it to be a Western phenomenon. LEGABIBO has been the primary LGBT rights organisation in Botswana since 1998. [8] [9]
Botswana's sodomy laws were unanimously overturned by the High Court of Botswana on 11 June 2019. Prior to this, it was a crime to engage in "carnal knowledge of any person against the order of nature" or "acts of gross indecency". [10] In the same ruling, it was determined that sex-based legal protections also applied to sexual orientation. [11] It was made illegal to fire an employee on the basis of sexual orientation in 2010. [10] The High Court of Botswana ruled in 2017 that transgender people had a constitutional right to have their gender identity legally recognised. [12] [13]
The issue of women's rights was prominent in the 1980s and 1990s, often referred to as the time "when women started talking". Emang Basadi was the most prominent Botswanan women's rights organisation during this period, focusing at first on challenging laws that limited women's rights and later on political education for women. The Botswana Caucus for Women in Politics was formed by Emang Basadi in 1997 to take over these responsibilities, but it has not seen the same level of activity. [14]
Attorney General of Botswana v. Unity Dow was a landmark case in Botswana women's rights, in which Unity Dow challenged the Botswanan nationality law that only allowed citizenship to be inherited paternally. [14]
The Woman's Affairs Department is the government agency responsible for addressing women's issues. It has been criticised by women's activists for being ineffectual. As of 2010, Botswana and Swaziland were the only countries in southern Africa not to have a women's issues agency at the department level. [14]
The following chart shows Botswana's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free". [15] [lower-alpha 1]
| Year | Political Rights | Civil Liberties | Status | President [lower-alpha 2] |
|---|---|---|---|---|
| 1972 | 3 | 4 | Partly Free | Seretse Khama |
| 1973 | 2 | 3 | Free | Seretse Khama |
| 1974 | 2 | 3 | Free | Seretse Khama |
| 1975 | 2 | 3 | Free | Seretse Khama |
| 1976 | 2 | 3 | Free | Seretse Khama |
| 1977 | 2 | 3 | Free | Seretse Khama |
| 1978 | 2 | 3 | Free | Seretse Khama |
| 1979 | 2 | 2 | Free | Seretse Khama |
| 1980 | 2 | 3 | Free | Seretse Khama |
| 1981 | 2 | 3 | Free | Quett Masire |
| 1982 [lower-alpha 3] | 2 | 3 | Free | Quett Masire |
| 1983 | 2 | 3 | Free | Quett Masire |
| 1984 | 2 | 3 | Free | Quett Masire |
| 1985 | 2 | 3 | Free | Quett Masire |
| 1986 | 2 | 3 | Free | Quett Masire |
| 1987 | 2 | 3 | Free | Quett Masire |
| 1988 | 2 | 3 | Free | Quett Masire |
| 1989 | 1 | 2 | Free | Quett Masire |
| 1990 | 1 | 2 | Free | Quett Masire |
| 1991 | 1 | 2 | Free | Quett Masire |
| 1992 | 1 | 2 | Free | Quett Masire |
| 1993 | 2 | 3 | Free | Quett Masire |
| 1994 | 2 | 3 | Free | Quett Masire |
| 1995 | 2 | 2 | Free | Quett Masire |
| 1996 | 2 | 2 | Free | Quett Masire |
| 1997 | 2 | 2 | Free | Quett Masire |
| 1998 | 2 | 2 | Free | Quett Masire |
| 1999 | 2 | 2 | Free | Festus Mogae |
| 2000 | 2 | 2 | Free | Festus Mogae |
| 2001 | 2 | 2 | Free | Festus Mogae |
| 2002 | 2 | 2 | Free | Festus Mogae |
| 2003 | 2 | 2 | Free | Festus Mogae |
| 2004 | 2 | 2 | Free | Festus Mogae |
| 2005 | 2 | 2 | Free | Festus Mogae |
| 2006 | 2 | 2 | Free | Festus Mogae |
| 2007 | 2 | 2 | Free | Festus Mogae |
| 2008 | 2 | 2 | Free | Festus Mogae |
| 2009 | 3 | 2 | Free | Ian Khama |
| 2010 | 3 | 2 | Free | Ian Khama |
| 2011 | 3 | 2 | Free | Ian Khama |
| 2012 [16] | 3 | 2 | Free | Ian Khama |
| 2013 [17] | 3 | 2 | Free | Ian Khama |
| 2014 [18] | 3 | 2 | Free | Ian Khama |
Botswana's stances on international human rights treaties are as follows:
Sudan's human rights record has been widely condemned. Some human rights organizations have documented a variety of abuses and atrocities carried out by the Sudanese government over the past several years under the rule of Omar al-Bashir. The 2009 Human Rights Report by the United States Department of State noted serious concerns over human rights violations by the government and militia groups. Capital punishment, including crucifixion, is used for many crimes. In September, 2019, the government of Sudan signed an agreement with the UN High Commissioner for Human Rights to open a UN Human Rights Office in Khartoum and field offices in Darfur, Blue Nile, Southern Kordofan and East Sudan. In July 2020, during the 2019–2021 Sudanese transition to democracy, Justice Minister Nasredeen Abdulbari stated that "all the laws violating the human rights in Sudan" were to be scrapped, and for this reason, Parliament passed a series of laws in early July 2020.
Human rights in Kenya internationally maintain a variety of mixed opinions; specifically, political freedoms are highlighted as being poor and homosexuality remains a crime. In the Freedom in the World index for 2017, Kenya held a rating of '4' for civil liberties and political freedoms, in which a scale of "1" to "7" is practised.
Human rights in Eritrea are viewed, as of the 2020s, by non-governmental organisations (NGOs) such as Human Rights Watch as among the worst in the world, particularly with regards to freedom of the press. Eritrea is a one-party state in which national legislative elections have been repeatedly postponed, the judiciary is weak, and constitutional provisions protecting individual freedom have yet to be fully implemented. Some Western countries, particularly the United States, accuse the government of Eritrea of arbitrary arrest and detentions and of detaining an unknown number of people without charge for their political activism. Additionally, Eritrean citizens, both men and women, are forcibly conscripted into the military with an indefinite length of service and used as forced labour.
The U.S. Department of State's Country Report on Human Rights Practices for São Tomé and Príncipe states that the government generally respects the human rights of its citizens, despite problems in a few areas.
Human rights in Somalia throughout the late 20th-century and early 21st-century were considered dire, but have gradually improved over the following years. Human rights are guaranteed in the Federal Constitution, which was adopted in August 2012. They fall under the Ministry of Human Rights established in August 2013. The central authorities concurrently inaugurated a National Human Rights Day, endorsed an official Human Rights Roadmap, and completed Somalia's first National Gender Policy.
Human rights in Chad have been described as "poor"; for example, Freedom House has designated the country as "Not Free." Chad received a score of 7 for political rights and 6 for civil liberties.
Historically, Comoros has had a relatively poor human rights record.
Human rights in Rwanda have been violated on a grand scale. The greatest violation is the Rwandan genocide of Tutsi in 1994. The post-genocide government is also responsible for grave violations of human rights.
The Republic of Congo gained independence from French Equatorial Africa in 1960. It was a one-party Marxist–Leninist state from 1969 to 1991. Multi-party elections have been held since 1992, although a democratically elected government was ousted in the 1997 civil war and President Denis Sassou Nguesso has ruled for 26 of the past 36 years. The political stability and development of hydrocarbon production made the Republic of the Congo the fourth largest oil producer in the Gulf of Guinea region, providing the country with relative prosperity despite instability in some areas and unequal distribution of oil revenue nationwide.
The Congolese Human Right Observatory claims a number of unresolved and pending issues in the country.
Discrimination against Pygmies is widespread, the result of cultural biases, especially traditional relationships with the Bantu, as well as more contemporary forms of exploitation.
Human rights in Madagascar are protected under the national constitution. However, the extent to which such rights are reflected in practice is subject to debate. The 2009 Human Rights Report by the United States Department of State noted concerns regarding the suspension of democratic electoral processes as the result of recent political unrest. Furthermore, reports of corruption, arbitrary arrest and child labor highlight the prevalence of human rights issues in the country.
Human rights in Cameroon are addressed in the constitution. However, the 2009 Human Rights Report by the United States Department of State noted concerns in regard to election irregularities, security forces torture and arbitrary arrests.
Human rights in Cape Verde are addressed under the national constitution.
Human rights in Burkina Faso are addressed in its constitution, which was ratified in 1991. The 2009 Human Rights Report by the United States Department of State noted concerns regarding restrictions on the press and the operation of the judiciary system. In its 2021 report, Human Rights Watch described the human rights situation in Burkina Faso as being "precarious" in light of ongoing violence committed by Islamists, government security forces, and pro-government militias.
In 2022, Freedom House rated Burundi's human rights at 14 out 100.
Human rights in Liberia became a focus of international attention when the country's president, Ellen Johnson Sirleaf, was named one of the three female co-winners of the 2011 Nobel Peace Prize, all of whom were cited "for their non-violent struggle for the safety of women and for women's rights to full participation in peace-building work".
Human rights are "rights and freedoms to which all humans are entitled". Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human.
The issue of human rights in Djibouti, a small country situated within the Horn of Africa, is a matter of concern for several human rights organizations.
Equatorial Guinea is known for human rights abuses. Under the current government it has "limited ability of citizens to change their government; increased reports of unlawful murders of civilians by security forces; government-sanctioned kidnappings; systematic torture of prisoners and detainees by security forces; life threatening conditions in prisons and detention facilities; impunity; arbitrary arrest and detention and incommunicado detention; harassment and deportation of foreign residents with limited due process; judicial corruption and lack of due process; restrictions on the right to privacy; restrictions on freedom of speech and of the press; restrictions on the rights of assembly, association, and movement; government corruption; violence and discrimination against women; suspected trafficking in persons; discrimination against ethnic minorities; and restrictions on labor rights."
Human rights in Lesotho, a nation of 2,067,000 people completely surrounded by South Africa, is a contentious issue. In its 2012 Freedom in the World report, Freedom House declared the country "Partly Free". According to the United States Bureau of Democracy, Human Rights and Labor, which produces annual human rights reports on the country, the most pressing human rights issues are the use of torture, poor prison conditions, and the abuse of women and children.
Human rights in Guinea, a nation of approximately 10,069,000 people in West Africa, are a contentious issue. In its 2012 Freedom in the World report, Freedom House named Guinea "partly free" for the second year in a row, an improvement over its former status as one of the least free countries in Africa.
