KHAMA TO DECIDE ON RESIDENCY FOR USG DEPENDENT

C O N F I D E N T I A L GABORONE 000584 SIPDIS STATE FOR L JUSTICE FOR JONATHAN WELCH E.O. 12958: DECL: 07/24/2019 TAGS: PREL AMGT APER BC SUBJECT: KHAMA TO DECIDE ON RESIDENCY FOR USG DEPENDENT REF: GABORONE 554 Classified By: Ambassador Stephen J. Nolan for reasons 1.4(b) and (d) ¶1. (U) This is an action request, please see paragraph 6. ¶2. (C) The GOB's unwillingness to issue an exemption certificate (the diplomatic residency permit) for the adopted child of a gay Mission employee (reftel) was raised both during a telephone conversation with the Minister of Foreign Affairs and International Cooperation Phandu Skelemani on July 23 and during a meeting the following day with the Foreign Minister and the Attorney General (AG),Athalia Molokomme. The call and meeting were predominantly about the writ of attachment for of a USG property, but the Ambassador used the occasion to also raise this long-standing issue and stress the importance of its resolution. During the telephone call, Minister Skelemani stated that President Khama had been briefed on the issue, with the AG recommending that the permit not be issued. However, Minister Skelemani said he is requesting a meeting with the President and the AG to discuss this further and to try to get the residency permit issued. The Ambassador thanked the Minister for his assistance in this matter. ¶3. (SBU) The Ambassador raised the issue again during the meeting the following day and framed the problem as the GOB failing to recognize legal documents of the United States. He stated that all normally required documents were presented in good faith and he does not understand why the residency permit has not yet been issued. He stated that a failure to resolve this issue could possibly have an even greater impact than the issue of the sale of the USG property. Minster Skelemani again stated that this would be addressed in a meeting next week with himself the AG and the President, but offered no other comment. ¶4. (C) COMMENT: The irony of this situation is that both our employee and his partner have already been issued residency documents, so the GOB has in essence agreed to the residency of this gay couple. Minister Skelemani has told the Ambassador in the past that it is his belief that the permit should be issued and this is truly an issue of recognizing legal documents from the United States. He,s the good cop. However, according to the Chief of Protocol in the Office of the President, Ms. Dahpne Kadiwe, who was speaking confidentially, it is primarily an issue of law and precedent precipitated by having both men listed on the child,s birth certificate. According to her, Botswana has already discouraged three other diplomatic missions from assigning same-sex couples to Botswana. There are (largely unenforced) laws making homosexuality illegal here. They wish to avoid giving the impression of condoning such activity which is not only illegal but also contrary to Botswana,s traditions and culture. They are also concerned about the precedent a positive response would set in view of the GOB having said &no8 to other diplomatic missions. End Comment. ¶6. (C) ACTION REQUEST: Post requests language from L that could be included in a Diplomatic Note to the Ministry of Foreign Affairs complaining about the lengthy delay in issuance of a residency permit to the child of a U.S. Diplomat. Additionally, as it is possible that President Khama may well decide to refuse to issue the residence permit, post would like advice from Washington on possible responses to this outcome, such as possible talking points for a potential call on President Khama. End Action Request. NOLAN