Botswana passport is second powerful in Africa, country downgraded in human rights index

(weekendpost.co.bw)

Botswana has been downgraded from ‘narrowed’ to ‘obstructed’ in a new report by the CIVICUS Monitor, a global research collaboration that rates and tracks fundamental freedoms in 197 countries and territories. Over the years, Botswana has been known as a beacon of democracy, but could the CIVICUS report spell a change in ethos in Botswana?

The report, People Power Under Attack 2021, says restrictions on the right to protest and attacks on free speech have led to Botswana’s downgrade Botswana is now rated ‘obstructed’ on the CIVICUS Monitor. Botswana is among 42 other countries with this rating. The latest update from Africa is that Mali, Mozambique and South Africa have been downgraded alongside Botswana. According to the report the top five violations include: Journalist detainment, Censorship, Protestor(s) detained, Attack on Journalists and Protest Disruption.

An ‘obstructed’ rating, according to the report, is broadly understood as a Civic space that is heavily contested by power holders, who impose a combination of legal and practical constraints on the full enjoyment of fundamental rights. Although civil society organisations exist, state authorities undermine them, including through the use of illegal surveillance, bureaucratic harassment and demeaning public statements. Citizens can organise and assemble peacefully but they are vulnerable to frequent use of excessive force by law enforcement agencies, including rubber bullets, tear gas and baton charges. There is some space for non-state media and editorial independence, but journalists face the risk of physical attack and criminal defamation charges, which encourage self-censorship.

The previous ranking ‘narrowed’ meant that “the state allows individuals and civil society organisations to exercise their rights to freedom of association, peaceful assembly and expression, violations of these rights also take place. People can form associations to pursue a wide range of interests, but full enjoyment of this right is impeded by occasional harassment, arrest or assault of people deemed critical of those in power. Protests are conducted peacefully, although authorities sometimes deny permission, citing security concerns, and excessive force, which may include tear gas and rubber bullets, are sometimes used against peaceful demonstrators. The media is free to disseminate a wide range of information, although the state undermines complete press freedom either through strict regulation or by exerting political pressure on media owners.”

Civic rights violations have increased in Botswana this year, especially rights relating to the freedom of assembly. The month of September 2021 was a handful for Botswana. An increasing number of arrests of citizens who held peaceful demonstrations calling for, accountability from the government, condemning the declining socioeconomic status of citizens or exposing government corruption was rampant among the citizens.

The highlight being 7th September 2021, Reverend Thuso Tiego was arrested for allegedly violating Section 4(3) of the Public Order Act, after he held a demonstration with two other pastors calling for the resignation of President Mokgweetsi Masisi. Following the arrests, several members of the public made their way to the police station to demand his release, only to end up being arrested themselves and some violently dispersed.

Separately, in mid-September 2021, a group of artists was jailed after holding a peaceful demonstration calling for the resignation of the Minister of Youth Empowerment, Sport and Culture Development, Honourable Tumiso Rakgare. The reason for their arrests, as with many other peaceful demonstrations, was for protesting without a permit as required by the Public Order Act and breaching COVID-19 protocols.

The CIVICUS Monitor is concerned about the increased use of the flawed and controversial Public Order Act to police peaceful assemblies in Botswana, and the use of COVID-19 protocols as a pretext to restrict freedom of expression. Across Africa, the detention of journalists is a growing concern and in 2021, for the second year in a row, it was the top civic violation documented across the continent.

The detention of journalists is once again the top violation in the African region. Almost 45% of the updates for the African register journalists being detained because their reporting criticised the authorities, or focused on issues considered sensitive such as corruption. One such instance locally is; the arrest of local journalists Oratile Dikologang, Letsogile Barupi and Justice Motlhabani for publishing information on their Facebook news pages, Botswana People’s Daily News and Botswana Trending News, related to COVID-19 and local politics, which they deny publishing.

As reported by the Committee to Protect Journalists, the three are currently facing charges of publishing “with the intention to deceive” under the emergency COVID-19 regulations, plus a charge of “publication of alarming statements” under the Penal Code, and another charge of “offensive electronic communication” under the Cybercrime Act. If found guilty, the three could face a jail sentence of up to five years or a fine of 100,000 pula.

While in Sudan, journalist Osman Hashim was detained by police in Port Sudan in September 2021 and later released on bail in relation to his Facebook posts alleging corruption in the former governor’s office. In Uganda, the Buganda Road Chief Magistrate’s Court detained Pidson Kareire and Darious Magara, online journalists for Drone Media and East African Watch, who were both charged with criminal libel under section 179 of the Penal Code over the Countries of concern

In the past year military coups in Chad, Guinea, Mali and Sudan have landed the nations under countries of concern. Raising distress over the respect for fundamental freedoms by non-civilian and undemocratic office bearers.  On the brighter side of things, civil society action has helped to advocate for the passing of positive laws in Africa. On 1 July 2021, the Gambia’s National Assembly adopted the Access to Information Bill, a result of close collaboration between civil society and government departments. On 23 July 2021, Sierra Leone approved the Bill abolishing the death penalty.