(MISA/IFEX) – The 3 November 2006 edition of the “Government Gazette Extraordinary” indicates that the Government of Botswana plans to bring a bill to Parliament on intelligence and security services. According to the draft, “The bill is to establish a Directorate of Intelligence and Security, a Central Intelligence Committee, a National Intelligence Community and an […]
(MISA/IFEX) – The 3 November 2006 edition of the “Government Gazette Extraordinary” indicates that the Government of Botswana plans to bring a bill to Parliament on intelligence and security services.
According to the draft, “The bill is to establish a Directorate of Intelligence and Security, a Central Intelligence Committee, a National Intelligence Community and an Intelligence and Security Council for the reason that the regional and global environment has changed necessitating a review in Botswana’s approach to national security concerns.” The draft goes on to say: “The Directorate of Intelligence and Security is by virtue of clause 4, established under the Office of the President and is headed by a Director General.”
Speaking at a recent breakfast gathering hosted by the Botswana Council of Non-Governmental Organisations (BOCONGO), Minister for Presidential Affairs and Public Administration Phandu Skelemani indicated that Botswana needs to catch up with the times and do what other nations have long done. Skelemani also noted the need to have safeguards for constitutional provisions of human rights and freedoms, especially freedom of expression and association.
In response, whilst lawyer Dick Bayford noted the need for such a bill, he pointed out that clear oversight mechanisms, to ensure checks and balances and proper accountability, should be spelled out in the bill. He was of the view that the current draft omitted these oversight provisions that were necessary in a democratic society. Bayford said that the bill seems not to have borrowed from the United Kingdom Security Bill, which had some robust oversight provisions for those conferred with the responsibility of directing an intelligence and security service. He noted that this bill continues to concentrate power in the Head of State, which many view as dangerous for our democracy.
The role of Parliament as the ultimate oversight body was not well defined in the Bill and participants called for a review of the oversight provisions by Parliament, prior to tabling the draft bill in Parliament.
Although the Media Institute of Southern Africa (MISA) Botswana notes the need for an intelligence and security service, it appeals to government to take into account comments that arose at the breakfast meeting, especially regarding accountability and oversight mechanisms, which the current draft does not include. Such mechanisms are particularly important since Botswana does not have access to information legislation to protect its citizens from overzealous secret service employees.
