As at August 2018, The African Charter on Democracy, Elections and Governance (ACDEG) tells us that six African countries-Botswana, Egypt, Eritrea, Libya, Morocco and Tanzania had neither signed nor ratified it. The Charter was adopted by the African Union in Addis Ababa, Ethiopia in 2007 and came to force in 2012. According to the Charter, thirty African countries had in 2018 ratified it while a paltry nineteen had signed it. Many people including myself will be taken aback why Botswana, considered by her own ‘high’ standards as a country that embraces democracy, elections and governance is pitifully growing cold feet to sign and ratify the Charter. By any measure, this should be a serious indictment on this country’s credentials why after more than a decade after the adoption, the needle is yet to move to at the very minimum, sign the Charter. It is a question of the country’s double standards if not downright hypocrisy to pride herself as an addict of democracy, elections and governance while dismally failing to commit to an instrument that seeks to promote and embrace these very imperatives. It is a sad state of affairs. So what does the Charter stand for?
Before answering this question, let me pay tribute to two youthful activists who are relentlessly pushing Botswana to sign and ratify the Charter. These are Ms Tuduetso Lefenya who is the Projects Coordinator of Motheo O Mosha and Ms Mona-Lisa Danieli Mungure, the Director of Molao Matters. Kudos to the two ladies. I hope and pray their agenda is not a flash in the pan.
According to the Charter, its objectives amongst others are to (1) ‘Promote adherence, by each State Party, to the universal values and principles of democracy and respect for human rights; (2) Promote and enhance adherence to the principle of the rule of law premised upon the respect for, and the supremacy of, the Constitution and Constitutional order in the political arrangements of the State Parties; (3) Promote the holding of regular free and fair elections to institutionalise legitimate authority of representative government as well as democratic change of governments; (4) Promote and protect the independence of the judiciary (5) Nurture, support and consolidate good governance by promoting democratic culture and practise, building and strengthening governance institutions and inculcating political pluralism and tolerance; (6) Promote the establishment of the necessary conditions to foster citizen participation, transparency, access to information, freedom of the press and accountability in the management of public affairs; (9) Promote the fight against corruption…..’
On another day, Botswana should not be struggling to meet the above objectives. But to be brutally honest, she finds herself terribly battling to make the cut on some of them. There are pointed questions with regards to the rule of law wherein this principle is selectively applied. A ring of steel has been firmly placed around the ‘kitchen cabinet’ of those who hold the levers of power. No law touches them. The Director General of the Directorate on Corruption and Economic Crime has been placed on indefinite suspension when he attempted to take a docket implicating the Director General of the Directorate of Intelligence and Security over corruption/bribery charges to the Directorate of Public Prosecutions for action. The state of Botswana judiciary is so perilous that clandestine deals are reportedly underway to thwart judges’ cases against the Administration of Justice for ‘peace and harmony’. Corruption is walking naked and it is unofficially the way of life with very little to nothing meaningful in place to deal with it. Access to information by the media is as difficult as trying to summit Mt Kilimanjaro. There is a big question mark about the freeness and fairness of elections given that the election management body is firmly under the grip of the political leadership with election reforms suggested by all relevant stakeholders out-rightly rejected or frustrated by the powers that be at any given opportunity and attempt.
The former Minister of Presidential Affairs, Governance and Public Administration as it was then Rre Nonofo Molefhi was quoted in August 2019 to have said ‘Botswana is currently studying all aspects of the African Charter on Democracy, Elections and Governance, as well as relating the provisions of the Charter to all relevant domestic legislative instruments prior to considerations for ratification’. Eleven years down the line since the adoption of the Charter, Botswana is still seized with considering whether or not to sign and ratify the Charter. It is almost a given that should a question be asked in parliament why Botswana has grown cold feet in signing and ratifying the Charter, a convenient and similar response to that of Rre Molefhi is likely to be proffered.
It will be remembered that a dilly-dallying kind of approach was proffered with respect to the Gender Protocol while Botswana was screaming at the top of her voice that she was promoting issues of gender. It will also be remembered that Botswana was at it again in June 2022 when she co-hosted the International Summit on Constitutionalism and Democratic Consolidation in Africa with the National Democratic Institute (NDI) in Gaborone. In that Summit, President Masisi said ‘Botswana is pleased to host this important Summit to celebrate democracy and enhance its future sustainability by promoting dialogue on constitutionalism and the respect of the rule of law. The holding of this high-level event is testament to Botswana’s commitment to democracy both here and abroad’. How can Constitutionalism for example, be promoted when the President and his ‘kitchen cabinet’ determine the process of reviewing the Constitution? ’At the same event, NDI’s Regional Director for Southern and East Africa Dickson Omondi said ‘The Botswana’s conference is an important opportunity for African leaders, governments, regional institutions and civil society to collectively renew their commitment and efforts to build democratic constitutional rule and importantly to counter democratic backsliding across the continent’. These are pathetic and hollow statements the world has become accustomed to in these kind of meetings. Talk about speaking in forked-tongue!
The sum total of all of the above is that Botswana is running all over the show like a headless chicken where on one hand she portrays herself as a genuine, holier-than-thou proponent of a true country that promotes and embraces genuine democratic principles while on the other, it practises the exact opposite. The President and his Ministers are all over the show selling their own versions of democracy as opposed to the universally accepted version. I am still astounded why Botswana at this point in time is yet to sign and ratify the African Charter on Democracy, Elections and Governance since government is ranting that it practises exactly what the Charter stands to promote. It is a shame of epic proportions that Botswana is flirting with discredited countries like Eritrea and Egypt in defying to sign and ratify the Charter. I am prepared to be persuaded otherwise as always. Judge for Yourself!
