LGBT ruling: Letís take our people along
Following the ruling of the High Court of Botswana this week on 11th June 2019, on the history decision in the Letsweletse Motshidiemang v The Attorney General and Another case of decriminalising consensual sex, the real work has now begun. Public education will have to be top of the agenda to help our communities to accept the LGBT community.
The unanimous decision by the three judge bench consisting of Judge Tafa, Leburu and Dube effectively struck down S164 (a) and (c) and S165 which criminalized consensual same sex sexual conduct and have removed “private” from acts of gross indecency criminalized under S167. In its decision, the Court held that these sections of the law invaded people’s private space and amounted to an “overregulation of human conduct”. Although the Court held that the sections were clear and so should not be voided for vagueness as argued by the plaintiff; the court did invoke powers conferred to it by the Constitution to change the law.
With this ruling, Batswana’s attitudes about gays and lesbians have to change dramatically in the next installment of life, and the LGBT community is acutely aware of this. These necessary changes in attitudes mean that LGBT adults should feel more accepted by society now than in the past. The ruling has also given rise to a nearly universal sense of optimism about what lies ahead for this community in Botswana. The question remains, Is our society ready to accept them openly?
The LGBT is going to demand that it should not be treated unfairly because of their sexual orientation or gender identity—through experiences ranging from poor service in restaurants and hotels to threats and physical attacks. Our people should be ready to deal with the consequences of the landmark ruling that has received raving reviews from international media.
In the eyes of LGBT community, greater social acceptance will come as a result of more Batswana knowing someone who is lesbian, gay, bisexual or transgender as well as the efforts of high-profile public figures. Studies have shown elsewhere that individuals simply knowing someone who is LGBT has helped a lot in terms of making society as a whole more accepting.
A similar majority say well-known public figures who are open about being LGBT help make society more accepting. Meanwhile LGBT are of the view that public figures who support LGBT issues but are not LGBT themselves are equally helpful in terms of increasing public acceptance. This week BONELA released a statement applauding the applicant for his selfless actions that brought to light and put a face to the effects of S164, 165 and 167 on the LGBTI community.
BONELA also applauded the Court for adopting a progressive stance; one that recognizes that the law should be allowed to grow and so work for Batswana of the 21st century. In its ruling, the Court recognized that the Penal Code sections in question infringed on the right to privacy, liberty, dignity, did not afford LGBTI people equal protection of the law and were in effect discriminatory in nature. Infringements that have no place in a tolerant and inclusive society. These are a baby steps, with NGOs stepping in to welcome the decision of the court, which could help the LGBT community to be accepted by society. It is going to be a long, riddled road, but it is achievable.
Effectively, the ruling means that the law is now reformed to reflect the changing realities of Batswana; BONELA has thus called on duty bearers to adopt practice that reflects this. Going forward, we need to make a deliberate effort to adopt a rights based approach to service delivery, providing services to all – indiscriminately- and providing targeted prevention commodities so as to prevent new HIV infections.
Here is what the European Union Delegation in Botswana said on the ruling: “Our societies are stronger when they accept, respect and value diversity of individuals and groups. As the Court said “any discrimination against a member of society is discrimination against all”. “It has taken a long time for our community to be where it is. This incredibly life-changing decision, although it does not right all the wrongs done to individual members of the LGBT community, is a step towards restoring our dignity as human beings”, said Anna Mmolai-Chalmers, LEGABIBO’s CEO.
‚Ä®The High Court judges questioned the purpose of these laws: “What regulatory joy and solace is derived by the law, when it proscries and criminalises such conduct of two consenting adults, expressing and professing love to each other, within their secluded sphere, bedroom, confines and/or precint? Is this not a question of over-regulation of human conduct and expression, which has the effect of impairing and infringing upon constitutionally ordained, promised and entrenched fundamental human rights.” The Court continued: “Personal autonomy on matters of sexual preference and choice must therefore be respected. Any criminalisation of love or finding fulfillment in love dilutes compassion and tolerance.”
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Brands are important
So, the conclusion is brands are important. I start by concluding because one hopes this is a foregone conclusion given the furore that erupts over a botched brand. If a fast food chef bungles a food order, there‚Äôd be possibly some isolated complaint thrown. However, if the same company‚Äôs marketing expert or agency cooks up a tasteless brand there is a country-wide outcry. Why?¬† Perhaps this is because brands affect us more deeply than we care to understand or admit. The fact that the uproar might be equal parts of schadenfreude, black twitter-esque criticism and, disappointment does not take away from the decibel of concern raised.
A good place to start our understanding of a brand is naturally by defining what a brand is. Marty Neumier, the genius who authored The Brand Gap, offers this instructive definition – ‚ÄúA brand is a person‚Äôs gut feel about a product or service‚ÄĚ. In other words, a brand is not what the company says it is. It is what the people feel it is. It is the sum total of what it means to them. Brands are perceptions. So, brands are defined by individuals not companies. But brands are owned by companies not individuals. Brands are crafted in privacy but consumed publicly. Brands are communal. Granted, you say. But that doesn‚Äôt still explain why everybody and their pet dog feel entitled to jump in feet first into a brand slug-fest armed with a hot opinion. True. But consider the following truism.
Brands are living. They act as milestones in our past. They are signposts of our identity. Beacons of our triumphs. Indexes of our consumption. Most importantly, they have invaded our very words and world view. Try going for just 24 hours without mentioning a single brand name. Quite difficult, right? Because they live among us they have become one of us. And we have therefore built ‚Äėbrand bonds‚Äô with them. For example, iPhone owners gather here. You love your iPhone. It goes everywhere. You turn to it in moments of joy and when we need a quick mood boost. Notice how that ‚Äėrelationship‚Äô started with desire as you longingly gazed upon it in a glossy brochure. That quickly progressed to asking other people what they thought about it. Followed by the zero moment of truth were you committed and voted your approval through a purchase. Does that sound like a romantic relationship timeline. You bet it does. Because it is. When we conduct brand workshops we run the Brand Loyalty ‚ĄĘ exercise wherein we test people‚Äôs loyalty to their favourite brand(s). The results are always quite intriguing. Most people are willing to pay a 40% premium over the standard price for ‚Äėtheir‚Äô brand. They simply won‚Äôt easily ‚Äėbreakup‚Äô with it. Doing so can cause brand ‚Äėheart ache‚Äô. There is strong brand elasticity for loved brands.
Now that we know brands are communal and endeared, then companies armed with this knowledge, must exercise caution and practise reverence when approaching the subject of rebranding. It‚Äôs fragile. The question marketers ought to ask themselves before gleefully jumping into the hot rebranding cauldron is ‚Äď Do we go for an Evolution (partial rebrand) or a Revolution(full rebrand)? An evolution is incremental. It introduces small but significant changes or additions to the existing visual brand. Here, think of the subtle changes you‚Äôve seen in financial or FMCG brands over the decades. Evolution allows you to redirect the brand without alienating its horde of faithful followers. As humans we love the familiar and certain. Change scares us. Especially if we‚Äôve not been privy to the important but probably blinkered ‚Äėstrategy sessions‚Äô ongoing behind the scenes. Revolutions are often messy. They are often hard reset about-turns aiming for a total new look and ‚Äėfeel‚Äô.
Hard rebranding is risky business. History is littered with the agony of brands large and small who felt the heat of public disfavour. In January 2009, PepsiCo rebranded the Tropicana. When the newly designed package hit the shelves, consumers were not having it. The New York Times reports that ‚Äėsome of the commenting described the new packaging as ‚Äėugly‚Äô ‚Äėstupid‚Äô. They wanted their old one back that showed a ripe orange with a straw in it. Sales dipped 20%. PepsiCo reverted to the old logo and packaging within a month. In 2006 Mastercard had to backtrack away from it‚Äôs new logo after public criticism, as did Leeds United, and the clothing brand Gap. AdAge magazine reports that critics most common sentiment about the Gap logo was that it looked like something a child had created using a clip-art gallery. Botswana is no different. University of Botswana had to retreat into the comfort of the known and accepted heritage strong brand.¬† Sir Ketumile Masire Teaching Hospital was badgered with complaints till it ‚Äėadjusted‚Äô its logo.
So if the landscape of rebranding is so treacherous then whey take the risk? Companies need to soberly assess they need for a rebrand. According to the fellows at Ignyte Branding a rebrand is ignited by the following admissions :
Our brand name no longer reflects our company‚Äôs vision.
We‚Äôre embarrassed to hand out our business cards.
Our competitive advantage is vague or poorly articulated.
Our brand has lost focus and become too complex to understand. Our business model or strategy has changed.
Our business has outgrown its current brand.
We‚Äôre undergoing or recently underwent a merger or acquisition. Our business has moved or expanded its geographic reach.
We need to disassociate our brand from a negative image.
We‚Äôre struggling to raise our prices and increase our profit margins. We want to expand our influence and connect to new audiences. We‚Äôre not attracting top talent for the positions we need to fill. All the above are good reasons to rebrand.
The downside to this debacle is that companies genuinely needing to rebrand might be hesitant or delay it altogether. The silver lining I guess is that marketing often mocked for its charlatans, is briefly transformed from being the Archilles heel into Thanos‚Äô glove in an instant.
So what does a company need to do to safely navigate the rebranding terrain? Companies need to interrogate their brand purpose thoroughly. Not what they think they stand for but what they authentically represent when seen through the lens of their team members. In our Brand Workshop we use a number of tools to tease out the compelling brand truth. This section always draws amusing insights. Unfailingly, the top management (CEO & CFO)always has a vastly different picture of their brand to the rest of their ExCo and middle management, as do they to the customer-facing officer. We have only come across one company that had good internal alignment. Needless to say that brand is doing superbly well.
There is need a for brand strategies to guide the brand. One observes that most brands ‚Äėmake a plan‚Äô as they go along. Little or no deliberate position on Brand audit, Customer research, Brand positioning and purpose, Architecture, Messaging, Naming, Tagline, Brand Training and may more. A brand strategy¬†distils why your business exists beyond making money ‚Äď its ‚Äėwhy‚Äô. It defines what makes your brand what it is, what differentiates it from the competition and how you want your customers to perceive it. Lacking a brand strategy disadvantages the company in that it appears soul-less and lacking in personality. Naturally, people do not like to hang around humans with nothing to say. A brand strategy understands the value proposition. People don‚Äôt buy nails for the nails sake. They buy nails to hammer into the wall to hang pictures of their loved ones. People don‚Äôt buy make up because of its several hues and shades. Make up is self-expression. Understanding this arms a brand with an iron clad clad strategy on the brand battlefield.
But perhaps you‚Äôve done the important research and strategy work. It‚Äôs still possible to bungle the final look and feel.¬† A few years ago one large brand had an extensive strategy done. Hopes were high for a top tier brand reveal. The eventual proposed brand was lack-lustre. I distinctly remember, being tasked as local agency to ‚Äėland‚Äô the brand and we outright refused. We could see this was a disaster of epic proportions begging to happen. The brand consultants were summoned to revise the logo. After a several tweaks and compromises the brand landed. It currently exists as one of the country‚Äôs largest brands. Getting the logo and visual look right is important. But how does one know if they are on the right path? Using the simile of a brand being a person – The answer is how do you know your outfit is right? It must serve a function, be the right fit and cut, it must be coordinated and lastly it must say something about you. So it is possible to bath in a luxurious bath gel, apply exotic lotion, be facebeat and still somehow wear a faux pas outfit. Avoid that.
Another suggestion is to do the obvious. Pre-test the logo and its look and feel on a cross section of your existing and prospective audience. There are tools to do this. Their feedback can save you money, time and pain. Additionally one must do another obvious check ‚Äď use Google Image to verify the visual outcome and plain Google search to verify the name. These are so obvious they are hopefully for gone conclusions. But for the brands that have gone ahead without them, I hope you have not concluded your brand journeys as there is a world of opportunity waiting to be unlocked with the right brand strategy key.
Cliff Mada is Head of ArmourGetOn Brand Consultancy, based in Gaborone and Cape Town.
The case for Botswana to ratify the ACDEG
The Ibrahim Index of African Governance (IIAG) is the most comprehensive dataset measuring African governance performance through a wide range of 81 indicators under the categories of Security & Rule of law, Participation, Rights & Inclusion, Foundations of Economic Opportunity, and Human Development. It employs scores, expressed out of 100, which quantify a country‚Äôs performance for each governance measure and ranks, out of 54, in relation to the 54 African countries.
The 2022 IIAG Overall Governance score is 68.1 and ranks Botswana at number 5 in Africa. In 2019 Botswana was ranked 2nd with an overall score of 73.3. That is a sharp decline. The best-performing countries are Mauritius, Seychelles, Tunisia, and Cabo Verde, in that order. A glance at the categories shows that Botswana is in third place in Africa on the Security and Rule of law; ninth in the Participation, Rights & Inclusion Category ‚Äď indicating a shrinking participatory environment; eighth for Foundations of Economic Opportunity category; and fifth in the Human Development category.
The 2022 IIAG comes to a sweeping conclusion: Governments are less accountable and transparent in 2021 than at any time over the last ten years; Higher GDP does not necessarily indicate better governance; rule of law has weakened in the last five years; Democratic backsliding in Africa has accelerated since 2018; Major restrictions on freedom of association and assembly since 2012. Botswana is no exception to these conclusions. In fact, a look at the 10-year trend shows a major challenge. While Botswana remains in the top 5 of the best-performing countries in Africa, there are signs of decline, especially in the categories of Human Development and Security & Rule of law.
I start with this picture to show that Botswana is no longer the poster child for democracy, good governance, and commitment to the rule of law that it once was. In fact, to use the term used in the IIAG, Botswana is experiencing a ‚Äúdemocratic backsliding.‚ÄĚ
The 2021 Transparency International Corruption Perception Index (CPI) had Botswana at 55/ 100, the lowest ever score recorded by Botswana dethroning Botswana as Africa‚Äôs least corrupt country to a distant third place, where it was in 2019 with a CPI of 61/100. (A score closer to zero denotes the worst corrupt and a score closer to 100 indicates the least corrupt country). The concern here is that while other African states are advancing in their transparency and accountability indexes, Botswana is backsliding.
The Transitional National Development Plan lists participatory democracy, the rule of law, transparency, and accountability, as key ‚Äúdeliverables,‚ÄĚ if you may call those deliverables. If indeed Botswana is committed to these principles, she must ratify the African Charter on Democracy Elections and Governance (ACDEG).
The African Charter on Democracy Elections and Governance is the African Union’s principal policy document for advancing democratic governance in African Union member states. The ACDEG embodies the continent‚Äôs commitment to a democratic agenda and set the standards upon which countries agreed to be held accountable. The Charter was adopted in 2007 and came into force a decade ago, in 2012.
Article 2 of the Charter details its objectives among others as to a) Promote adherence, by each State Party, to the universal values and principles of democracy and respect for human rights; b) Promote and protect the independence of the judiciary; c) Promote the establishment of the necessary conditions to foster citizen participation, transparency, access to information, freedom of the press and accountability in the management of public affairs; d) Promote gender balance and equality in the governance and development processes.
The Charter emphasizes certain principles through which member states must uphold: Citizen Participation, Accountable Institutions, Respect for Human Rights, Adherence to the principles of the Rule of Law, Respect for the supremacy of the constitution and constitutional order, Entrenchment of democratic Principles, Separation of Powers, Respect for the Judiciary, Independence and impartiality of electoral bodies, best practice in the management of elections. These are among the top issues that Batswana have been calling for, that they be entrenched in the new Constitution.
The ACDEG is a revolutionary document. Article 3 of the ACDEG, sets guidance on the principles that must guide the implementation of the Charter among them: Effective participation of citizens in democratic and development processes and in the governance of public affairs; Promotion of a system of government that is representative; Holding of regular, transparent, free and fair elections; Separation of powers; Promotion of gender equality in public and private institutions and others.
Batswana have been calling for laws that make it mandatory for citizen participation in public affairs, more so, such calls have been amplified in the just-ended ‚Äúconsultative process‚ÄĚ into the review of the Constitution of Botswana. Many scholars, academics, and Batswana, in general, have consistently made calls for a constitution that provides for clear separation of powers to prevent concentration of power in one branch, in Botswana‚Äôs case, the Executive, and provide for effective checks and balances. Other countries, like Kenya, have laws that promote gender equality in public and private institutions inscribed in their constitutions. The ACDEG could be a useful advocacy tool for the promotion of gender equality.
Perhaps more relevant to Botswana‚Äôs situation now is Article 10 of the Charter. Given how the constitutional review process unfolded, the numerous procedural mistakes and omissions, the lack of genuine consultations, the Charter principles could have provided a direction, if Botswana was party to the Charter. ‚ÄúState Parties shall ensure that the process of amendment or revision of their constitution reposes on national consensus, obtained, if need be, through referendum,‚ÄĚ reads part of Article 10, giving clear clarity, that the Constitution belong to the people.
With the African Charter on Democracy Elections and Governance in hand, ratified, and also given the many shortfalls in the current constitution, Batswana can have a tool in hand, not only to hold the government accountable but also a tool for measuring aspirations and shortfalls of our governance institutional framework.
Botswana has not signed, nor has it acceded or ratified the ACDEG. The time to ratify the ACDEG is now. Our Movement, Motheo O Mosha Society, with support from the Democracy Works Foundation and The Charter Project Africa, will run a campaign to promote, popularise and advocate for the ratification of the Charter (#RatifytheCharter Campaign). The initiative is co-founded by the European Union. The Campaign is implemented with the support of our sister organizations: Global Shapers Community ‚Äď Gaborone Hub, #FamilyMeetingBW, Botswana Center for Public Integrity, Black Roots Organization, Economic Development Forum, Molao-Matters, WoTech Foundation, University of Botswana Political Science Society, Young Minds Africa and Branding Akosua.
Ratifying the Charter would reaffirm Botswana‚Äôs commitment to upholding strong democratic values, and respect for constitutionalism, and promote the rule of law and political accountability. Join us in calling the Government of Botswana to #RatifyTheCharter.
*Morena MONGANJA is the Chairperson of Motheo O Mosha society; a grassroots movement advocating for a new Constitution for Botswana. Contact: firstname.lastname@example.org or WhatsApp 77 469 362.
The Taiwan Question: China ramps up military exercises to rebuff US provocations
US House Speaker Nancy Pelosiís visit to Taiwan has violated the One-China policy, and caused the escalation of tensions across the Taiwan Strait. Experts and political observers across the spectra agree that Pelosiís actions and subsequent pronouncements by US President Joe Biden gave impetus to an already simmering tension in the Taiwan Strait, provoking China to strengthen its legitimate hold on the Taiwan Strait waters, which the US and Taiwan deem as Ďinternational watersí.
Pelosiís visit to Chinaís Taiwan region has been heavily criticised across the globe, with China arguing that this is a serious violation of the one-China principle and the provisions of the three China-US Joint Communiquťs. †In response to this reckless move which seriously undermined China’s sovereignty, and interfered in China’s internal affairs, the expectation is for China to give a firm response. Pelosi visit violated the commitments made by the U.S. side, and seriously jeopardized peace and stability across the Taiwan Strait.
To give context to Chinaís position over Taiwan region, the history behind gives us perspective. It is also important to note that the history between China and Taiwan is well documented and the US has always recognized it.
The Peopleís Republic of China recognises Taiwan as its territory. It has always been† the case even before the Nationalist Republic of China government fled to the previously Japanese-ruled Island after losing the civil war on the mainland in 1949. According to literature that threat was contained for decades ó first with a military alliance between the US and the ROC on Taiwan, and after Washington switched diplomatic recognition to the PRC in 1979 by the US One China policy, which acknowledges Beijingís position that Taiwan is part of One China. Effectively, Taiwanís administration was transferred to the Republic of China from Japan after the Second World War in 1945, along with the split between the Peopleís Republic of China (PRC) and the Republic of China (ROC) as a consequence of the Chinese Civil War. Disregarding this history, as the US is attempting to do, will surely initiate some defence reaction on the side of China to affirm its sovereignty.
However, this history was undermined since Taiwan claimed to democratise in the 1990s and China has grown ever more belligerent. Furthermore, it is well documented that the Biden administration, following the Trump presidency, has made subtle changes in the way it deals with Taipei, such as loosening restrictions on US officials meeting Taiwanese officials Ė this should make China uneasy. And while the White House continues to say it does not support Taiwanese independence, Bidenís words and actions are parallel to this pledge because he has warned China that the US would intervene militarily if China attacked Taiwan Ė another statement that has provoked China.
Pelosi, in her private space, would know that her actions amount to provocation of China. This act of aggression by the USA seriously undermines the virtues of sovereignty and territorial integrity which has a huge potential to destabilize not only the Taiwan Strait but the whole of the Asia- Pacific region.† The Americans know very well that their provocative behavior is deliberately invoking the spirit of separatism masqueraded as ďTaiwan independenceĒ.† The US is misled to think that by supporting separatism of Taiwan from China that would give them an edge over China in a geopolitics. This is what one Chinese diplomat said this week: ďThe critical point is if every country put their One-China policy into practice with sincerity, with no compromise, is going to guarantee the peace and stability across the Taiwan Strait.Ē †Therefore, it was in the wake of US House speaker Nancy Pelosiís visit to Taiwan, that China, in a natural response revealed plans for unprecedented military exercises near the island, prompting fears of a crisis in the Taiwan Strait and the entire Asia-Pacific region. The world community must promote and foster peace, this may be achieved when international laws are respected. It may also happen when nations respect the sovereignty of another. China may be in a better space because it is well capacitated to stake its territorial integrity, what about a small nation, if this happens to it?
As to why military exercises by Beijing; it is an expected response because China was provoked by the actions of Pelosi. To fortify this position, Chinese President, Xi signed a legal basis for Chinaís Peopleís Liberation Army to ďsafeguard Chinaís national sovereignty, security and development interestsĒ. The legal basis will also allow military missions around disaster relief, humanitarian aid and peacekeeping. In addition the legal changes would allow troops to ďprevent spillover effects of regional instabilities from affecting China, secure vital transport routes for strategic materials like oil, or safeguard Chinaís overseas investments, projects and personnel. †It then follows that President Xiís administration cannot afford to look weak under a US provocation. President Xi must protector Chinaís sovereignty and territorial integrity, of which Taiwan is a central part.Ē Beijing is very clear on One-China Policy, and expects all world players to recognize and respect it.
The Peopleís Liberation Army has made it clear that it has firepower that covers all of Taiwan, and it can strike wherever it wants. This sentiments have been attributed to Zhang Junshe, a researcher at the PLA Navy Research Institute. Zheng further said, ďWe got really close to Taiwan. We encircled Taiwan. And we demonstrated that we can effectively stop intervention by foreign forces.Ē This is a strong reaction from China to warn the US against provocation and violation of the One-China Policy.
Beijingís military exercises will certainly shake Taiwanís confidence in the sources of its economic and political survival. The potential for an effective blockade threatens the air and shipping routes that support Taiwanís central role in global technology supply chains. Should a humanitarian situation arise in Taiwan, the blame would squarely be on the US.
As Chinaís military exercises along the Taiwan Strait progress and grow, it remains that the decision by Nancy Pelosi to visit Chinaís Taiwan region gravely undermined peace and stability across the Taiwan Strait, and sent a wrong signal to ďTaiwan independenceĒ separatist forces. This then speaks to international conventions, as the UN Secretary-General Antůnio Guterres explicitly stressed that the UN remains committed to the UN General Assembly Resolution 2758. The centerpiece is the one-China principle, namely, there is but one China in the world, the government of the Peopleís Republic of China is the sole legal government representing the whole of China, and Taiwan is a part of China. It must be noted that the US and the US-led NATO countries have selectively applied international law, this has been going on unabated. There is a plethora of actions that have collapsed several states after they were attacked under the pretext of the so-called possession of weapons of mass destruction illuminating them as threats – and sometimes even without any valid reason. to blatantly launch military strikes and even unleash wars on sovereign countrie