ruling in the Lobatse High Court upheld the
rights of transgender people. Two men were
sentenced to death.
FREEDOM OF EXPRESSION
Journalists continued to be intimidated and
harassed by the authorities. On 8 March,
three journalists from the INK Centre for
Investigative Journalism were briefly detained
and threatened by plain-clothes security
agents in the village of Mosu. The journalists
had tried to access the area where the new
home of President Khama was allegedly
being constructed amid allegations of
corruption. The security agents told them that
the building site was a “restricted area” and
that they would be shot on sight if they tried
to return.
On 19 April, the Court of Appeal upheld an
earlier decision by the High Court and turned
down the application of a teacher who had
challenged his dismissal from employment
on the grounds that it violated his
constitutional right to freedom of expression.
The teacher was dismissed after he
published an opinion piece in a newspaper in
May 2011 on the country’s political situation,
following a national strike by public sector
employees. In February 2012, a disciplinary
hearing had found the teacher guilty of
contravening section 34(a) of the Public
Service Act.
Outsa Mokone, editor of the Sunday
Standard, continued to face a criminal
sedition charge following his arrest in 2014
after publishing articles alleging President
Khama’s involvement in a road accident. In
December 2016, he was released on bail and
asked to appear at the magistrate’s court
every two months and to seek permission
before leaving the country. His legal case
challenging the constitutionality of the
sedition law was still pending at the end of
the year.
REFUGEES AND ASYLUM-SEEKERS
Botswana’s restrictive encampment policy
continued, denying refugees freedom of
movement, work and local integration.
Asylum-seekers faced lengthy refugee status
Amnesty International Report 2017/18
determination procedures and asylumseekers – with both pending and denied
applications – continued to be detained in
the Francistown Centre for Illegal Immigrants.
The duration of detention averaged between
six months and five years, far beyond the
detention period stipulated in the Refugee
Act.
On 13 April, the High Court ordered the
release of two Somali asylum-seekers from
the Francistown Centre for Illegal Immigrants.
They had been detained in the Centre since
being denied refugee status in October 2015,
having arrived separately in Botswana in
June 2014. On 15 April, following their
release, they were taken into custody at the
Tlokweng police station after attempting to
enter the Dukwe Refugee Camp, Botswana’s
only refugee camp. On 25 April, President
Khama declared them to be prohibited
immigrants; they were subsequently detained
at the first offenders prison in Gaborone, the
capital, and have allegedly since been
deported.
On 23 November, the Court of Appeal set
aside the High Court ruling that the detention
of 165 asylum-seekers and their relatives was
illegal. As a result, the asylum-seekers sought
refuge in Zimbabwe, Namibia and South
Africa. Members of the group had arrived in
Botswana between January 2014 and
October 2016 and, after their asylum
applications were denied, they had remained
in detention in the Francistown Centre for
Illegal Immigrants. The Attorney General
made an appeal on 4 August.
RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE
In a landmark decision on 29 September, the
Lobatse High Court ruled that the
government’s refusal to change the gender
marker in the identity document of a
transgender man was unreasonable and in
violation of his rights, including the right to
dignity, freedom of expression and freedom
from discrimination, and ordered the
government to change the gender marker.
On 12 December, the Gaborone High Court
ruled in favour of Tshepo Ricki Kgositau, a
97
Select target paragraph3
Add to table of contents