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