26 Jul 2022

A parliamentary committee with the mandate to scrutinise draft laws for compliance with international human rights treaties should be established. 

Dr Bonang Nkoane of Molaomotheo - Buang Bomme, a group composed of a cross-section of women from different walks of life, said when appearing before the Presidential Commission of Inquiry into the Review of the Constitution on Monday that Botswana needed to be deliberate in plugging all avenues through which all manner of human rights violations could still find a way in society. 

For this reason, she said it was critical that a parliamentary committee be put into place whose duty would be examine draft laws to ascertain their compliance or lack thereof to international human rights standards. 

On equality and non-discrimination, Dr Nkoane also called for the expansion of the meaning of ‘discriminatory’ as contained in Section 15 (3) to include direct and indirect discrimination, saying despite the law having provided for what she termed formal equality, it did not take into account the historic discrimination and inequality that women continued to experience. “The definition in the constitution of ‘discriminatory’ is narrow and thereby narrowing the scope of protection. The protection is limited to discriminatory laws and does not equate to a prohibition on discriminatory behaviour or practices in society more broadly,” she noted. 

Dr Nkoane said with equality and non-discrimination being the core of international human rights standards and the foundational building blocks of every constitution, it was also vital that constitutions were gender-sensitive and therefore promoted substantive equality by recognising how patriarchy and power dynamics for instance shaped individuals and groups’ ability to achieve parity.

 In addition, she proposed the introduction of gender parity candidate quotas for all electoral systems and at all levels of decision-making, and indicated further that all political parties should be compelled by law to adopt gender-sensitive policies and constitutions that promoted gender-equality and women’s rights. 

Another member Ms Ida Mokereitane submitted that the constitution should have a section that specifically addresses Gender-Based Violence (GBV).

Such a section she said, should go along with a pronouncement on the state’s obligation to ensure the protection and security of citizens, as well as a mandatory requirement for the protection of citizens against sexual harassment in all institutions. “Having a sexual harassment policy should be a prerequisite for the registration of all societies, inclusive of apolitical parties,” she said and proposed an addition to Section 61 (1) reading ‘if he or she has been convicted of any GBV offense’ as a criterion for disqualification for membership of the national assembly. Ms Mbene Lindermann proposed that women’s rights to acquire, administer, control, use and transfer property be enshrined in the constitution.

 “There should be a provision for equal ownership of properties for women in de facto unions. If a couple cohabit for a period of two years, it should be presumed that they co-own everything,” she added. ENDS