Identifier
Created
Classification
Origin
09GABORONE265
2009-04-01 11:43:00
UNCLASSIFIED
Embassy Gaborone
Cable title:  

BOTSWANA POLITICAL BRIEFS FOR MARCH 2009

Tags:  PGOV PHUM KDEM MARR KHIV BC 
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UNCLAS SECTION 01 OF 03 GABORONE 000265 

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TAGS: PGOV PHUM KDEM MARR KHIV BC
SUBJECT: BOTSWANA POLITICAL BRIEFS FOR MARCH 2009

UNCLAS SECTION 01 OF 03 GABORONE 000265

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STATE FOR AF/S, AF/RSA

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TAGS: PGOV PHUM KDEM MARR KHIV BC
SUBJECT: BOTSWANA POLITICAL BRIEFS FOR MARCH 2009


1. The following is a compilation of March 2009 political
highlights from Botswana. This cable covers:

- BDP Proposes More Special MP's
- Controversy over Child Rights Bill
- President Khama Refuses Three Judicial Appointments
- BNF In-Fighting Continues
- Visit by UN Expert on Indigenous People
- Changes in BDF Leadership


BDP PROPOSES MORE SPECIAL MP'S
--------------

2. Member of Parliament Mrs. Botlogile Tshireletso (Botswana
Democratic Party, Mahalapye East constituency) introduced a motion
which calls for the amendment of Botswana's constitution to increase
the number of Specially Elected Members of Parliament (MP's). There
are currently 57 regular MP's elected from constituencies around
Botswana and 4 "Specially Elected" MP's. Tshireletso's proposal
would increase the number of special MP's from 4 to 8 and require
that at least 4 of the Specially Elected seats be reserved for
women.


3. The motion is being debated along partisan political lines, with
most of the ruling Botswana Democratic Party (BDP) members
supporting and the opposition MP's against it. Before the motion
was tabled in Parliament for discussion, the BDP communicated with
its MP's asking them to support the motion. From the BDP only
Botsalo Ntuane, a Specially Elected MP, has so far criticized the
proposal, arguing that increasing the number of special
parliamentary seats may not be the best way to increase women's
representation in Parliament. Ntuane suggested that it would be
better to change Botswana's electoral system to proportional
representation than to add new Specially Elected seats in
Parliament. He argued that the voters are not in favor of
increasing the number of special MP's because they dilute the power
of the elected MP's. Opposition parliamentarians have complained
that this proposal was tabled in bad faith. They say that the goal
of the measure is really to increase the ruling party's already
large majority in Parliament. Botswana Congress Party MP Dumelang
Saleshando told the press that "allowing unelected people to grace
Parliament is disrespectful of democracy."


4. COMMENT: After each general election, the members of Parliament

nominate candidates to fill the four "Specially Elected" seats, and
the candidates who receive the most votes from within Parliament
win. In theory, these special seats should be used to bring special
skills into Parliament. For example, if the ruling party needed a
technocrat to head the Health or Finance Ministry, they could use a
"Specially Elected" slot to bring a technocrat into cabinet. The
Botswana Democratic Party has ruled since independence, and with
their Parliamentary majority they have always used the Specially
Elected seats to bring more BDP members into Parliament. It is no
surprise that opposition supporters are skeptical of the proposal to
add another 4 special seats, because even if they are reserved for
women, they will go to women from the ruling party. END COMMENT.

CONTROVERSY OVER CHILD RIGHTS BILL
--------------

5. Debate continues on the Children's Bill, which seeks to give
effect to Botswana's obligations as specified in the UN Convention
on the Right of the Child and the African Charter on the Rights and
Welfare of the Child. Local Government Minister Margaret Nasha, who
presented the bill to Parliament, says it will promote the
well-being of families. Among other things, the Bill seeks the
establishment of children's courts to deal with matters that affect
them. The Bill would also make it compulsory for the names of both
the mother and the father to appear on a child's birth certificate.
This provision has drawn the ire of men around Botswana, including
male Members of Parliament. During Parliamentary debate March 17,
MP Vister Moruti (BDP, Okavango constituency) argued that the bill
would break up marriages and would "encourage women to bear children
with different men in order to have multiple sources of support and
income." In a more dramatic turn, Moruti also told Parliament that
including fathers' names on birth certificates would increase crimes
of passion. He asserted in Parliamentary debate that "men would
murder their wives once they are told that they are not responsible
for the pregnancy."


6. COMMENT: Despite years of HIV/AIDS prevention efforts, Botswana
continues to have high rates of "multiple concurrent partnership"
(i.e. non-monogamous sexual relationships). This sexual behavior
not only spreads disease but also leads to out-of-wedlock births and
controversy over naming fathers of babies. The GOB, with the
support of PEPFAR, has engaged in a new prevention campaign to try
to reduce multiple concurrent partnerships. The first step in this
campaign was a series of billboards and advertisements that asked
Batswana to think about "Who is in your sexual network?" END

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COMMENT.

KHAMA REFUSES THREE JUDICIAL APPOINTMENTS
--------------

7. President Khama has received mixed reactions from the legal
fraternity after turning down a recommendation from the Judicial
Service Commission (JSC) to appoint three new judges to the High
Court. The President did not give any reasons for refusing to
confirm the JSC's appointments, but has instead asked that the
positions be re-advertised. The ex-chairman of Botswana Law Society
Duma Boko hailed the President for his move and said government
should look more closely at the selection criteria for judges.
However, a private attorney Martin Dingake said the move has very
serious constitutional implications amounting to political
interference with the judiciary. COMMENT: Observers within
Botswana's legal fraternity have long questioned the way in which
the JSC carries out its interviewing process. They claim that JSC
first handpicks its preferred candidates and then calls a few
candidates for interviews just as a cover-up. That is why some
attorneys and judges are celebrating the President Khama's rejection
of the JSC's recommended candidates in this instance. Some
academics, legal practitioners and politicians have called for the
appointment of judges to be made transparent. END COMMENT.


BNF IN-FIGHTING CONTINUES
--------------

8. Reconciliation within the warring factions of the Botswana
National Front (BNF) political party seems impossible. Two
prospective BNF parliamentary candidates, Gabriel Kabajanga
(Gaborone North) and Charles Charles (Mogoditshane) are now taking
their party to court challenging the primary elections held in their
constituencies last year. The failed candidates want the court to
reinstate them as the legitimate BNF candidates. MP Nehemia
Modubule (BNF, Lobatse) has been expelled from the party, while MP
Akanyang Magama (BNF, Gaborone South) was saved by the High Court
after the BNF had called for the re-run of primary elections in his
constituency. Six council candidates from the party's stronghold,
Lobatse, have threatened to take the party to the High Court
challenging the BNF president for imposing candidates on
constituents. The embattled party leader, Otsweletse Moupo, is
refusing to consider reconciliation overtones from former members
who have been expelled from the party. One BNF splinter group
calling itself "Temporary Platform" was formed last year and is
fighting to be admitted back in the party. The group includes
prominent BNF members such as Dr. Elmon Tafa, Dr. Lebohang Letsie
(both former members of the Central Executive Committee) and Lobatse
MP Nehemiah Modubule. While the rest of Botswana's political
parties have started campaigning for theOctober general elections,
the official oppositin in Parliament, BNF, is still fighting with
itslf.


VISIT BY UN EXPERT ON INDIGENOUS PEOPLE
--------------

9. The Unted Nations Special Rapporteur on Indigenous People,
James Anaya, visited Botswana from March 18 - 27 at the invitation
of the Government of Botswana. He traveled to Gaborone, Ghanzi, and
the Central Kalahari Game Reserve to meet with government, civil
society, and indigenous communities. The objective of the visit was
to shed light on the challenges some of the indigenous peoples of
Botswana are facing, especially in the areas of recognition and
discrimination, land rights, poverty, education and language, and
political participation. In a press release at the end of his
visit, Anaya noted the various GOB efforts to improve indigenous
communities' access to crucial services including health and
education and create opportunities for income generation. However,
he also said that the government's development activities may not
adequately take into account the language and culture of those
affected, hindering their ultimate success. James Anaya is an
American citizen and Professor of Human Rights Law at the University
of Arizona. He will present the full findings and key
recommendations from his Botswana visit to a forthcoming session of
the UN Human Rights Council.


BDF LEADERSHIP CHANGES
--------------

10. The Botswana Defence Force (BDF) announced on March 26 that
President Khama has appointed Major General Otisitswe Tiroyamodimo
as the Deputy Commander, BDF. He retains his role as Commander,
Defense Logistics Command. Brigadier Tumelo M. Paledi was also
promoted to Major General and appointed as Commander of the Air Arm.
The promotions become effective April 1 upon the retirement of
current Deputy Commander and Air Arm Commander Major General
Tlhokwane. COMMENT: Major General Tiroyamodimo attended the U.S.
Naval Postgraduate School for a course in International Defense
Resource Management. He has also worked closely with the Embassy's

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Office of Security Cooperation, including on the March 2009 Military
HIV/AIDS Prevention Conference that was co-sponsored by the U.S. and
Botswana and held in Gaborone. END COMMENT.

Nolan