For a country that prides itself with the rule of law, democracy, and justice and among others, the doctrine of Separation of Powers, it is still somewhat strange that Botswana has not seen it fit to establish a Human Rights Commission. It certainly cannot be for a lack of resources.
In countries where they exist, Human Rights Commissions, or such similar organizations have proved handy in entrenching the democratic values and culture. In South Africa for example, the Human Rights Commission is entrenched in the Constitution of that country and it deals with those issues that would otherwise have to be referred to the Courts if it did not exist.
Detractors could argue that Botswana South Africa have a totally different history. But it has more to do with the values than with where the countries are coming from. According to the blue print of the SA Human Rights Commission, the institution exists to “restore dignity and secure rights” for citizens.
Those are the things that we value most as Batswana. That blueprint further adds that the Commission protects and promotes everyone’s human rights without fear or favour. These are very fundamental functions that cannot be left to the exigencies of the state and the politicians running it. It therefore cannot be fairly argued that Botswana does not need a Human Rights Commission. Given the strong adherence to the values surrounding human rights, it is important that we consider establishing a human rights commission.
Establishing such a commission would go a long way in helping us regain the trust among our allies many of who have been shocked at recent revelations of extra judicial killings killed by our security agencies. A Human Rights Commission, if established by a statute of parliament and also benchmarked against similar institutions around the world would inspire confidence among the population that indeed their government and its agencies have nothing to fear much less hide.
Botswana is currently grappling with issues of human rights in as far as they apply to minorities. The same applies to children’s rights as well as women’s rights. As we speak there is currently an ongoing court case surrounding the registration of an organisation representing gays and lesbians. The case pits Botswana Government against this organisation that represents the rights of a minority among our people. These, we think are fundamental issues on which the
Human Rights Commission would deliberate, and ultimately advise both the government and nation. There is also the long running battle between government on one hand and Basarwa in the Central Kalahari Game Reserve on the other. It has not escaped our attention that Basarwa, having approached the courts where they won, still feel helpless because for them such victory was hollow since, notwithstanding victory it did not deliver what they had prayed from the courts.
The end result of it all has been for some of their representatives to approach the United Nations. This was after a loss of faith in the country’s systems. This has had a damaging effect on Botswana’s international reputation. In fact some people from outside have gone as far as to say what Botswana Government is doing against Basarwa amounts to ethnic cleansing.
The less charitable have equated government behavior to genocide. We do not subscribe to such emotive generalizations. But still such gross generalizations are helpful in at least demonstrating that even Government would be better served by the existence of a Human Rights Commission because such matters would invariably go before such a commission.
As everywhere across the world, there are are growing incidents of human rights violations in Botswana. Some such violations are perpetrated either by the state or in the name of the state. This means that the state cannot be trusted to provide redress and recourse for the aggrieved in an impartial and fair way that would inspire trust to them.
