We, the undersigned CSOs are concerned about the vulnerability of citizens and the protection of their human rights, under the current State of Emergency. After it was declared for 21 days, on 31 March by His Excellency President Masisi, the State of Emergency was extended to 6 months, by a resolution of Parliament on 9 April 20202. We were assured by President Masisi on 8 April 2020, that ‘’The State of Emergency is intended to deal only with the COVID-19 crisis and will not in any way undermine people’s fundamental rights’’.
We call upon our political representatives to be fully committed to ensuring the protection of our democratic principles, respect for human rights, non-discrimination, equality and respect for the rule of law, in accordance with Section 18 of the Constitution, which enables an enforcement of protective provisions or fundamental freedoms contained in the Constitution. We remind our government that any restrictions to its obligations to protect the human rights of all in public emergencies which threaten the life of the nation, must be ’proportionate, limited in time, and in no way discriminatory’’(International Covenant on Civil and Political Rights, Article 4, United Nations, 16 December 1966).
We, however, note with deep concern, early reports of abuses of power soon after the parliamentary resolution of 9 April 2020 and the alleged violations of the human rights of:
• the spokesperson of the Botswana Patriotic Front, Justice Motlhabane, allegedly assaulted and arbitrarily arrested on 10 April 2020 by the police (BPF President Biggie Butale 11 April 2020);
• Nicholas Kgopotso of the Umbrella for Democratic Change (UDC), who was allegedly harassed by 12 police officers for allegedly causing noise during the current COVID-19 lockdown;
• two persons (Neo Dikgole and Thuso Sebinyane) who were allegedly assaulted by the police (Office of the President, 11 April 2020); and
• three suspects arrested for ‘’… publishing, through electronic communications, offensive statements against government …’’ (Botswana Police Service, 11 April 2020). In terms of the Emergency Powers Act No 61 of 2020 section 31 (3) ‘any person who publishes a statement … with the intention to deceive … about any measure take by the Government to address COVID-19, commits an offense and is liable to a fine not more than P100 000 or to imprisonment for not more than 5 years or to both. It is not clear in which law the offense of ‘offensive statement against government’ is contained. Additionally, the right to freedom of expression is protected under section 12(1) of the Constitution. It can only be limited under exceptional circumstances provided by law and which are necessary for the protection of … public health … (article 19.3 (b) of the International Covenant on Civil and Political Rights).
We note and appreciate:
- The assurance given in person, by His Excellency President Masisi to both Neo Dikgole and ‘their mother Tebogo Sebinyane’ that ‘this conduct does not represent the country’s law enforcement agencies as well as his government’ (Office of the President, 11 April 2020); and
- the public apology proffered by Minister of Defence, Justice, and Security, Hon. Mmusi, on 12 April 2020, for any alleged mistreatment of Batswana, by the police and soldiers. He pointed out that everyone, including the security forces, are working under extreme pressure.
We, nevertheless call upon our government to ensure that it does not emulate countries such as China, Brazil, Egypt and Turkey, which all targeted journalists, physicians, health workers, and human rights defenders for exposing serious concerns about the coronavirus and concerns for vulnerable communities. The State of Emergency should not be used by our government, to achieve political goals not linked to the pandemic.
Parliamentary control and the Rule of Law remain an essential aspect of our democracy, together with the operational principles of transparency and access to all the information.
We, therefore:
• urge political leaders to work together, in order to earn the trust of all our people;
• strongly encourage our government to adhere to the essential principles of public trust, transparency, respect and empathy for the most vulnerable. These are key to us working together as a nation, to effectively implement a national strategy to combat COVID-19 and to protect our people; and
• call upon our government to respect and protect human rights, under all circumstances.
Botswana Centre for Public Integrity (BCPI), Botswana Gender Based Violence Prevention and Support Centre (BGBVC), Botswana Labour Migrants Association (BoLAMA), Botswana Network on Ethics, Law and HIV/AIDs (BONELA), CHILDLINE Botswana, DITSHWANELO – The Botswana Centre for Human Rights, Friends of Diversity, Inclusive Directions Botswana, Lesbians, Gays and Bisexuals of Botswana (LeGaBiBo), Molao Matters, Molayakgosi, Putting Women First Trust, Save Widows and Orphans Botswana, Skillshare International Botswana, Stepping Stones International, Turning Point, WoMen Against Rape (WAR), and Youth Alliance for Leadership and Development in Africa (YALDA – Botswana).
13 April 2020
Gaborone
For more information regarding this communication, please contact, on behalf of the listed organisations, Mr. Machete at +267 72300902.