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Botswana | Freedom House Botswana | Freedom House https://freedomhouse.org/report/freedom-world/2019/botswana A. ELECTORAL PROCESS: 10 / 12 A1. Was the current head of government or other chief national authority elected through free and fair elections? 3 / 4 The president is indirectly elected by the National Assembly for a five-year term and is eligible for reelection. The vice president is appointed by the president and confirmed by the National Assembly. The president holds significant power, including the authority to prolong or dismiss the National Assembly. President Khama’s constitutional term expired at the end of March 2018, and Vice President Mokgweetsi Masisi was sworn in as interim president according to legal procedure the next day. He will serve in that capacity until a new presidential election is held following general elections set for 2019. This scripted succession seemingly gives new leaders of the incumbent party—in this case the Botswana Democratic Party (BDP), which has been in power for over five decades—the opportunity to consolidate the advantages of incumbency ahead of presidential elections. A2. Were the current national legislative representatives elected through free and fair elections? 4 / 4 Botswana has a unicameral, 65-seat National Assembly. Voters directly elect 57 members to five-year terms, 6 members are nominated by the president and approved by the National Assembly, and the other 2 members are the president and the speaker. The 2014 parliamentary elections, in which the ruling party won 37 out of 57 seats, were declared credible by regional and international monitoring bodies. A3. Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 3 / 4 The Independent Electoral Commission (IEC) administers elections, and is generally considered independent and capable. However, its voter registration drive ahead of the 2019 general elections saw the theft of two voter registration books, containing a few dozen complete and incomplete registration forms, from an electoral officer’s house. The Electoral Amendment Act of 2016, which introduced electronic voting for the 2019 general elections, continued to cause controversy in 2018. The opposition Botswana Congress Party (BCP) had claimed that electronic voting was susceptible to manipulation in favor of the BDP, and had threatened to boycott 2019 general elections if the new voting technology was implemented. Plans for the system’s deployment remained unclear throughout most of 2018; it was only in September 1 of 7 7/25/2019, 9:05 AM Botswana | Freedom House https://freedomhouse.org/report/freedom-world/2019/botswana that the government unexpectedly withdrew several sections of the 2016 electoral law, among them the one that had mandated electronic voting. Masisi said the decision was made in order to avoid election-related violence. B. POLITICAL PLURALISM AND PARTICIPATION: 10 / 16 B1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 3 / 4 The right of political parties to form and operate is largely respected. However, the opposition alleges that the BDP abuses state resources, including the influential state media, to its own benefit, and that a lack of public financing for political parties gives the long-ruling party an unfair advantage. The withdrawal in 2018 of a section of the Electoral Amendment Act of 2016 that had increased fees for candidates contesting elections brought some relief to opposition parties. B2. Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 2 / 4 The BDP, drawing on the advantages of its long incumbency, has dominated the political landscape since 1966; no opposition party has ever won power. However, in 2014 the BDP took less than 50 percent of the vote for the first time in its history. In 2012, several of the largest opposition parties formed a coalition, the Umbrella for Democratic Change (UDC), to contest elections, and there is some hope among its members and supporters that it might unseat the ruling party in 2019 elections. However, persistent political fights within the coalition—including the expulsion in October 2018 of the Botswana Movement for Democracy (BMD), and resulting jockeying for the constituencies its members vacated—threaten the coalition’s competitiveness ahead of 2019 polls. B3. Are the people’s political choices free from domination by the military, foreign powers, religious hierarchies, economic oligarchies, or any other powerful group that is not democratically accountable? 3 / 4 People’s political choices are largely free from domination by unelected outside groups. The House of Chiefs, a 35-member body composed mostly of traditional leaders, representatives they elect, and representatives appointed by the president, acts as an advisory body to legislators on tribal and customary matters, but generally does not exercise decisive influence on them. There have been some past reports of vote buying during elections. B4. Do all segments of the population (including ethnic, religious, gender, LGBT, and other relevant groups) have full political rights and electoral opportunities? 2 / 4 Women have full political rights, but cultural factors limit their participation, and their interests are not necessarily addressed by elected leaders. Only five women sit in the National Assembly and only two women serve in the House of Chiefs. 2 of 7 7/25/2019, 9:05 AM Botswana | Freedom House https://freedomhouse.org/report/freedom-world/2019/botswana Smaller ethnic and tribal groups tend to be left out of the political process. People with disabilities participated at low levels in the 2014 parliamentary elections. Political parties generally do not represent the interests of LGBT people. C. FUNCTIONING OF GOVERNMENT: 8 / 12 C1. Do the freely elected head of government and national legislative representatives determine the policies of the government? 3 / 4 Elected executive and legislative officials determine government’s policies. However, opposition parties have criticized the executive branch for dominating the National Assembly and rushing bills through the legislative process without adequate deliberation. In 2016, lawmakers approved an amendment that increased the number of National Assembly members appointed by the president from four to six. Opposition leaders argued that the change would further strengthen executive power at the expense of the National Assembly’s independence. After taking office in 2018, Masisi transferred the DISS and the Financial Intelligence Agency (FIA), to the president’s office, prompting concerns about the improper centralization of power. The DISS had previously been part of the Justice Ministry, and the FIA part of the Finance Ministry. C2. Are safeguards against official corruption strong and effective? 3 / 4 Although corruption laws are generally enforced, the main anticorruption agency, the Directorate on Corruption and Economic Crime (DCEC), stands accused of being ineffective in pursuing cases of high-level corruption, and its independence has been questioned after it was transferred from the Justice Ministry to the Office of the President in 2012. However, at the end of 2018, the DCEC issued several charges in connection with an ongoing corruption scandal involving the National Petroleum Fund. An amendment to the Financial Intelligence Act approved in June transferred the FIA from the Finance Ministry to the president’s office, raising similar concerns about the independence of that body. C3. Does the government operate with openness and transparency? 2 / 4 Botswana lacks a freedom of information law, which limits government’s transparency. Budget processes are opaque, and Section 44 of the Corruption and Economic Crime Act prohibits publishing information on investigations by the DCEC. Public contracts are often awarded through patronage networks. Masisi has held several press conferences since taking power in April 2018—in contrast to Khama, who held none. 3 of 7 7/25/2019, 9:05 AM Botswana | Freedom House https://freedomhouse.org/report/freedom-world/2019/botswana D. FREEDOM OF EXPRESSION AND BELIEF: 12 / 16 D1. Are there free and independent media? 2 / 4 Freedom of expression is constitutionally guaranteed. However, journalists endured harassment and intimidation under Khama’s government, and concerning incidents have been reported under the new administration. For example, in April, security personnel physically prevented journalists from covering the return of national athletes to Sir Seretse Khama International Airport near Gabarone. State-run media dominate the broadcasting sector, and continue to exhibit bias in favor of the ruling party. A government ban on advertising in private media remains in place, and harms the competitiveness and economic viability of many outlets. The 2008 Media Practitioners Act established a statutory media regulatory body and mandated the registration of all media workers and media outlets—including websites and blogs—with violations being punishable by either a fine or prison time. In a positive development, in September 2018, Masisi’s administration withdraw sedition charges against Sunday Standard editor Outsa Mokone. The charges were filed in 2014, after he reported that Khama had been involved in a traffic accident. D2. Are individuals free
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