Efforts to interfere in the work of civil society can be precursors to worse human rights violations that would affect civic space and the democratic credibility of the country, while also eroding Botswana’s history of positive engagement with civil society.
Dear President Mokgweetsi Masisi,
We, the undersigned civil society organisations, who work to promote and defend freedom of expression and information as fundamental rights worldwide, are writing to express our concern with the growing threats to civic space in Botswana and the resulting effect this would have on the right to freedom of association and assembly, and freedom of expression.
Botswana has historically been considered a stable democracy in the region and as a result, we are alarmed by reports that civil society organisations in the country could be facing interference in their work. Recently, an office holder of the ruling Botswana Democratic Party contested an influential position on the board of the Botswana chapter of The Media Institute of Southern Africa (MISA). This has the appearance of potential government interference – particularly as the same election also saw a sudden and dramatic increase in membership a few weeks prior, with an influential third-party paying for 600 membership subscriptions, likely with the hopes that this would impact the vote. Efforts to interfere in the work of civil society can be precursors to worse human rights violations that would affect civic space and the democratic credibility of the country, while also eroding Botswana’s history of positive engagement with civil society.
Earlier this year, government authorities also attempted to fast-track a new piece of legislation – the Criminal Procedure and Evidence (Controlled Investigation) Bill. The Bill raised concerns that it would expand the government’s powers to intercept private communications without a warrant or public oversight, thereby opening the door to violations of privacy and increased surveillance of journalists, trade unionists, and activists. The Bill received international criticism for its draconian reach and has since been amended to establish some oversight on interception operations and outlaw the unauthorised interception of communications. This came after public outrage and sustained advocacy by a coalition of civil society organisations, including MISA.
These developments in Botswana reflect pockets of emerging threats to civic space. Violations of freedom of association and assembly contravene international and regional human rights law and standards, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Articles 10 and 11 of the African Charter on Human and Peoples’ Rights – both of which Botswana has ratified and has a legal obligation to uphold. Protection of freedom of assembly and association and freedom of expression without interference is also enshrined under Article 13 of Botswana’s Constitution, while Botswana’s National Policy For Non-Governmental Organisations promotes the value of an enabling environment “that recognizes, respects and preserves the independence, autonomy and constitutional rights of NGOs… [to] sustain the freedom of association, expression and conscience.”
For any country, a robust and healthy civic space is a cornerstone to enduring democracy and stability, and to enabling the fundamental rights to freedom of association and assembly, and freedom of expression. Thus, we urge the Government of Botswana to uphold its national commitments and international human rights obligations by providing an enabling environment conducive to civic space, in accordance with national and international human rights standards. This includes ensuring the freedom of civil society organisations to work independently without fear of interference; and including by government officials or associates.
