Botswana Communications: May 1, 2011 to February 28, 2017

bwlarge This page summarizes cases raised with Botswana by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Botswana.

Communications and observations are divided into sections based upon which observation report they originally appeared.

Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).

Summaries and communications are published only in the language of submission (in the case of Botswana, English).

First Report (May 1, 2011 to March 15, 2012)

None

Second Report (March 16, 2012 to February 28, 2013)

None

Third Report (March 1, 2013 to February 28, 2014)

Joint allegation letter, 08/07/2013. Case no. BWA 2/2013. State reply: 10/07/2013. Alleged arbitrary denial to register a human rights association working against discrimination and for the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

Observations
The Special Rapporteur thanks the Government of Botswana for acknowledging receipt of the communication sent during the reporting period. He however regrets to not have received a substantive response to date. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communication.

The Special Rapporteur remains concern that the denial to register LEGABIBO may lack adequate legal basis and could be directly related to the organization’s peaceful activities promoting non-discrminitation and upholding the human rights of lesbian, gay, bisexual, transgender and intersex people in Botswana.

The Special Rapporteur reminds the Government that the International Covenant on Civil and Political Rights, ratified by Botswana on 8 September 2000, guarantees the right to freedom of association (article 22), stipulates that “each State Party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant, without distinction of any kind, such as race colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”(article 2), and guarantees to all individuals equal and effective protection against discrimination on grounds identified in article 2 (article 26).