A fresh study by Botswana Network on Ethics, Law and HIV/AIDS (BONELA) has spotlighted some gaps in various laws, policies and frameworks which hinder prevention, treatment and care efforts while violating human rights of people living with HIV & AIDS.
A report titled ‘Assessment of legal and regulatory framework for HIV, AIDS and Tuberculosis,’ released last week is calling on the government to review a plethora of laws that trample on basic human rights. At the fore front of the study are the Public Health Act and Penal code which, according to the report, discriminate and violate the rights of HIV/AIDS patients.
The study was focused on the key and vulnerable populations including “gay men and other men who have sex with men, Lesbians Gays Bisexuals Transgender and Intersex (LGBTI) people, sex workers, migrants, prisoners and remote area dwellers.” The study’s findings are concerned by the law criminalizing some aspects of sex work as it inhibits labour regulation and access to police protection, health services and legal remedies when rights violation occur.
It has been revealed that approximately 75% of sex workers are locals while 25% are immigrants, though the two groups share clients. “HIV prevalence amongst Zimbabwean female sex workers is 69.5% and 57.7% amongst Batswana female sex workers.” The report continues; “Basic rights afforded to other workers are also denied to sex workers because of criminalization as illegal work does not afford the protections that legal work requires, such as occupational health and safety standards.”
BONELA study has also punched holes on the biased penal code of Botswana which criminalizes living off the earnings of sex work, brothel keeping, idle or disorderly public conduct. This, the report argue; will lead to victimization and societal marginalization of sex workers by perpetuating stigma, violence, harassment, blackmail and discrimination.
While homosexuality is not illegal in Botswana consensual sexual conduct between adults of the same sex is a criminal offence. Section 167 of the penal code prohibits “unnatural offences” and “indecent practices”. Carnal knowledge which is against the order of nature makes one criminally liable with a possibility of serving five years in prison.
It has been suggested to legislators that they should repeal laws that criminalize consensual sexual relations between adults of the same sex. Botswana, regarded as one of free and fair countries that uphold basic human rights, has also been encouraged to “review laws and regulations including nuisance, public disorder, cross-dressing, impersonation and similar offences, which are used to target, harass, and commit human rights abuse against LGBTIs.”
The 145 paged report has also highlighted that the persons in custody are also neglected due to high levels of stigma, lack of investment and political will. “Prisoners and persons in custody are at high risk of HIV infection due to sexual violence, unsafe sexual practices and unsafe drug injection,” states the report.
BONELA has pleaded with lawmakers to amend the penal code to decriminalize consensual sex between adults of the same sex. Further it has been recommended that “regardless of the legality of consensual sex between adults of the same sex, provide protective barriers including condoms, dental dams and lubricants to all prisoners to ensure that they have the means to protect themselves from HIV and STIs.”
Persons living in remote areas in Botswana are also experiencing challenges in accessing all health services including HIV and TB related health services. The study observes that some of the challenges are accessing information on preventive strategies and intervention programmes and limited access to condoms and protective barriers. The report has indicated that Basarwa who were resettled in New Xade experienced increased HIV and TB prevalence.
“Some remote area dwellers live on private farms while others live in resettlement areas. Key informants indicated that those living on private farms may have to travel great distances to access health centers, in some cases 100km or more.” This has prompted the human rights organization to push the government to implement a specific policy framework and programmes that address the health needs of remote area dwellers. “Provide through law and policies provisions that specifically protect the rights of remote area dwellers, including the right to non-discrimination and non-discriminatory access to health services,” suggested the report.
The criminalization of sodomy, nuisance and other laws stigmatize LGBTI people and makes them vulnerable to blackmail, illegal detention and other discrimination. Botswana by criminalizing this is against the rights protected International Covenant on Civil and Political Rights (ICCPR) and impedes health-seeking behavior. Penalizing consensual sexual acts between persons of the same sex interfere with the right to privacy.
The human rights committee has specifically recommended that Botswana repeal the sodomy and other penal code provisions that criminalize consensual sexual activity between consenting adults. Findings of the study have been shared with the legislators to try to repeal some laws which discriminate the key and vulnerable populations. Failure to review some of these laws then the government’s aspiration to register zero infections remains a pie in the sky, the report warns.
Mowana Copper Mine in Dukwi will finally pay its former employees a total amount of P23, 789, 984.00 end of this month. For over three years Mowana Copper Mine has been under judicial management. Updating members, Botswana Mine Workers Union (BMWU) Executive Secretary Kitso Phiri this week said the High Court issued an order for the implementation of the compromise scheme of December 9, 2021 and this was to be done within 30 days after court order.
“Therefore payment of benefits under the scheme including those owed to Messina Copper Botswana employees should be effected sometime in January latest end of January 2022,” Kitso said. Kitso also explained that cash settlement will be 30 percent of the total Messina Copper Botswana estate and negotiated estate is $3,233,000 (about P35, 563,000).
Messina Copper was placed under liquidation and was thereafter acquired by Leboam Holdings to operate Mowana Mine. Leboam Holdings struck a deal with the Messina Copper’s liquidator who became a shareholder of Leboam Holdings. Leboam Holdings could not service its debts and its creditors placed it under provisional judicial management on December 18, 2018 and in judicial management on February 28, 2019.
A new company Max Power expressed interest to acquire the mining operations. It offered to take over the Mowana Mine from Leboam Holdings, however, the company had to pay the debts of Leboam including monies owed to Messina Copper, being employees benefits and other debts owed to other creditors.
The monies, were agreed to be paid through a scheme of compromise proposed by Max Power, being a negotiated payment schedule, which was subject to the financial ability of the new owners. “On December 9, 2021, Messina Copper liquidator, called a meeting of creditors, which the BMWU on behalf of its members (former Messina Copper employees) attended, to seek mandate from creditors to proceed with a proposed settlement for Messina Copper on the scheme of compromise. It is important to note that employee benefits are regarded as preferential credit, meaning once a scheme is approved they are paid first.”
A savingram the Ministry of Local Government and Rural Development sent to Town Clerks and Council Secretaries explaining why councilors across the country should not have access to their terminal benefits before end of their term has been revealed.
The contents of the savingram came out in the wake of a war of words between counselors and the Ministry of Local Government and Rural Development. The councilors through the Botswana Association of Local Authorities (BALA) accuse the Ministry of refusing to allow them to have access to their terminal benefits before end of their term.
This has since been denied by the Ministry. In the savingram to town councils and council secretaries across the country, Permanent Secretary in the Ministry of Local Government and Rural Development Molefi Keaja states that, “Kindly be advised that the terminal benefits budget is made during the final year of term of office for Honorable Councilors.” Keaja reminded town clerks and council secretaries that, “The nominal budget Councils make each and every financial year is to cater for events where a Councilor’s term of office ends before the statutory time due to death, resignation or any other reason.”
The savingram also goes into detail about why the government had in the past allowed councilors to have access to their terminal benefits before the end of their term. “Regarding the special dispensation made in the 2014-2019, it should be noted that the advance was granted because at that time there was an approved budget for terminal benefits during the financial year,” explained Keaja. He added that, “Town Clerks/Council Secretaries made discretions depending on the liquidity position of Councils which attracted a lot of audit queries.”
Keaja also revealed that councils across the country were struggling financially and therefore if they were to grant councilors access to their terminal benefits, this could leave their in a dire financial situation. Given the fact that Local Authorities currently have cash flow problems and budgetary constraints, it is not advisable to grant terminal benefits advance as it would only serve to compound the liquidity problems of councils.
It is understood that the Ministry was inundated with calls from some Councils as they sought clarification regarding access to their terminal benefits. The Ministry fears that should councils pay out the terminal benefits this would affect their coffers as the government spends a lot on councilors salaries.
Reports show that apart from elected councilors, the government spends at least P6, 577, 746, 00 on nominated councilors across the country as their monthly salaries. Former Assistant Minister of Local Government and Rural Development, Botlogile Tshireletso once told Parliament that in total there are 113 nominated councilors and their salaries per a year add up to P78, 933,16.00. She added that their projected gratuity is P9, 866,646.00.
A surge in consumer spending is expected to be a key driver of Botswana’s economic recovery, according to recent projections by Fitch Solutions. Fitch Solutions said it forecasts household spending in Botswana to grow by a real rate of 5.9% in 2022.
The bullish Fitch Solutions noted that “This is a considerable deceleration from 9.4% growth estimated in 2021, it comes mainly from the base effects of the contraction of 2.5% recorded in 2020,” adding that, “We project total household spending (in real terms) to reach BWP59.9bn (USD8.8bn) in 2022, increasing from BWP56.5bn (USD8.3bn) in 2021.” According to Fitch Solutions, this is higher than the pre-Covid-19 total household spending (in real terms) of P53.0 billion (USD7.8bn) in 2019 and it indicates a full recovery in consumer spending.
“We forecast real household spending to grow by 5.9% in 2022, decelerating from the estimated growth of 9.4% in 2021. We note that the Covid-19 pandemic and the related restrictions on economic activity resulted in real household spending contracting by 2.5% in 2020, creating a lower base for spending to grow from in 2021 and 2022,” Fitch Solutions says.
Total household spending (in real terms), the agency says, will increase in 2022 when compared to 2021. In 2021 and 2022, total household spending (in real terms) will be above the pre-Covid-19 levels in 2019, indicating a full recovery in consumer spending, says Fitch Solutions. It says as of December 6 2021 (latest data available), 38.4% of people in Botswana have received at least one vaccine dose, while this is relatively low it is higher than Africa average of 11.3%.
“The emergence of new Covid-19 variants such as Omicron, which was first detected in the country in November 2021, poses a downside risk to our outlook for consumer spending, particularly as a large proportion of the country’s population is unvaccinated and this could result in stricter measures being implemented once again,” says Fitch Solutions.
Growth will ease in 2022, Fitch Solution says. “Our forecast for an improvement in consumer spending in Botswana in 2022 is in line with our Country Risk team’s forecast that the economy will grow by a real rate of 5.3% over 2022, from an estimated 12.5% growth in 2021 as the low base effects from 2020 dissipate,” it says.
Fitch Solutions notes that “Our Country Risk team expects private consumption to be the main driver of Botswana’s economic growth in 2022, as disposable incomes and the labour market continue to recover from the impacts of the Covid-19 pandemic.” It says Botswana’s tourism sector has been negatively impacted by the Covid-19 pandemic and the related travel restrictions.
According to Fitch Solutions, “The emergence of the Omicron variant, which was first detected in November 2021, has resulted in travel bans being implemented on Southern African countries such as South Africa, Botswana, Lesotho, Namibia, Zimbabwe and Eswatini. This will further delay the recovery of Botswana’s tourism sector in 2021 and early 2022.” Fitch Solutions, therefore, forecasts Botswana’s tourist arrivals to grow by 81.2% in 2022, from an estimated contraction of 40.3% in 2021.
It notes that the 72.4% contraction in 2020 has created a low base for tourist arrivals to grow from. “The rollout of vaccines in South Africa and its key source markets will aid the recovery of the tourism sector over the coming months and this bodes well for the employment and incomes of people employed in the hospitality industry, particularly restaurants and hotels as well as recreation and culture businesses,” the report says.
Fitch Solutions further notes that with economies reopening, consumers are demanding products that they had little access to over the previous year. However, manufacturers are facing several problems. It says supply chain issues and bottlenecks are resulting in consumer goods shortages, feeding through into supply-side inflation. Fitch Solutions believes the global semiconductor shortage will continue into 2022, putting the pressure on the supply of several consumer goods.
It says the spread of the Delta variant is upending factory production in Asia, disrupting shipping and posing more shocks to the world economy. Similarly, manufacturers are facing shortages of key components and higher raw materials costs, the report says adding that while this is somewhat restricted to consumer goods, there is a high risk that this feeds through into more consumer services over the 2022 year.
“Our global view for a notable recovery in consumer spending relies on the ability of authorities to vaccinate a large enough proportion of their populations and thereby experience a notable drop in Covid-19 infections and a decline in hospitalisation rates,” says Fitch Solutions. Both these factors, it says, will lead to governments gradually lifting restrictions, which will boost consumer confidence and retail sales.
“As of December 6 2021, 38.4% of people in Botswana have received at least one vaccine dose. While this is low, it is higher than the Africa average of 11.3%. The vaccines being administered in Botswana include Pfizer-BioNTech, Sinovac and Johnson & Johnson. We believe that a successful vaccine rollout will aid the country’s consumer spending recovery,” says Fitch Solutions. Therefore, the agency says, “Our forecasts account for risks that are highly likely to play out in 2022, including the easing of government support. However, if other risks start to play out, this may lead to forecast revisions.”