BOTSWANA
CONFIDENTIAL
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Report by British High Commission, Gaborone
General Observations
1.
The laws and Constitution of Botswana rest on the legal framework and traditions of a British protectorate. Since independence 10 years ago it has been the Botswana Government's policy to maintain the rule of law, individual liberties, and democratic processes. There may of course be lapses sometimes particularly where the law is being administered by a minor, ill- educated official, or in tribal courts or in the administration of tribal law and custom. If so we hear little of them and we do not think that they constitute serious blot on Botswana's record.
Right No.
(i) Imprisonment without trial does not
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occur.
(ii)
There is no use of torture.
(iii) There is no slavery.
Bushmen in the past were held in servitude by other Botswana tribes and it could be that in remote areas small numbers of bushmen may still be in some degree of servitude.
(iv) There is complete freedom of speech. The
only newspaper and the one radio station are however owned and staffed by the Government. The Government makes a sincere effort to ensure that opposition views are reflected in these media but, the Government ownership does of course inevitably modify their freedom to a small degree.
(v) The judiciary is completely indepentent.
(vi) Trade unions are at an early stage of
development. It is the Government's intention that there should be free trade unions and they are making efforts to set up the necessary legislative structure.
(vii) There are no restrictions on emigration or movement in normal circumstances. The law provides for declaration of protected areas and the police have powers to control movement of people in those areas. Such areas have recently been declared on the border with Rhodesia for security reasons.
CONFIDENTIAL
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