Connect with us
Advertisement

Botswana flouted AU Commission–documents

A 2001 case in which Botswana failed to comply with the African Union Commission’s resolutions taken to fully compensate a local citizen who was wrongfully deported has come back to haunt the country. The revelation, which surfaced this week comes at a crucial time and could potentially cost Minister of International Affairs and Cooperation Pelonomi Venson Moitoi the AU Chairpersonship.

Venson-Moitoi is vying for the position for the second time, and it appears the odds are stacked against her, especially after failing to win the post with an outright majority obligation earlier this year.

Weekend Post has established that the citizen, John Kealeboga Modise was first unlawfully deported from his own country Botswana in 1978 and additionally removed on four separate occasions thereafter – under unclear explanations.

The deportation was believed to be politically motivated as the citizen was a staunch opposition Botswana National Front (BNF) activist.

Documents seen by Weekend Post suggest that Modise, who after the case dragged for long later passed on in 2013, was made to live unprotected in a foreign country (South Africa) not of his own choosing.He also stayed briefly in a no-man’s island between Botswana and the South African border.

The deportation separated him from his family and by extension affected and traumatised his four minor children Tsholofelo Modise, Elisabeth Modise, Gladys Modise and Winston Modise.

The development culminated in Modise roping in esteemed human rights attorney Duma Boko and an international legal human rights organisation based in London, Interights, which made submission to the African Commission to consider his case for violations of his rights under the African Charter on Human and Peoples’ Rights (the charter) and seek compensation.

The African Heads of State and government thereafter met in Lusaka, Zambia in July 2001, and, found multiple violations of Modise’s rights by the Republic of Botswana and requested that government take steps to remedy the violations and that it should implement the decision of the Commission.

These resolutions included confirmation and documentation of the nationality status of Modise’s children, Gladys and Elisabeth, and the issuance of nationality documents to them. The children were also said to be ‘stateless’ as a consequence of the ‘deportation’ of their father.

In addition the Commission resolved that the family be provided with “compensation of loss arising from or incidental to the violations suffered by Modise”. He claimed compensation of 5 billion pula plus 10% annual interest from the date of the Commission findings to date for pecuniary and non-pecuniary damages.

According to Modise’s lawyers at Interights, the objective in asking for compensation is not to quantify the unquantifiable. “Rather we aim hereby to propose a framework by which the state may acknowledge wrongdoing and provide a material basis to enable the victims, in this case Modise and family, to heal and, in some way, reconstruct and carry on with the remainder of their lives.”

This publication has gathered that other than granting him citizenship by descent, Botswana did not fully comply with the Commission’s decision. This is despite the principle of compensation for human rights violations being very well established in the comparative law of African countries as well as in international law.

“The Commission found the Republic of Botswana in violation of articles 3(2), 5, 12(1) and (2), 13(1) and (2), 14 and 18(1) of the African Charter on Human and Peoples’ Rights (the ‘charter’),” stated a lawyer at the Africa Programme at Interights, Judith Oder, in her communication to the Secretary of African commission on Human and Peoples’ Rights based at Gambia.

Weekend Post has established that the Commission specifically found that the denial of Modise’s right to citizenship while he rightfully deserved it was in violation of articles 3 (2), 5 and the deportation infringed his right to movement and his right to leave and return to his country contrary to article 12(1) and (2).

“The Commission also held that granting him citizenship by registration deprive him of the freedom to participate in the government of his country and constituted a denial of his right to equal access to the public services of his country contrary to article 13 (1) and (2),” the Order insisted.

It found out that, as a consequence of his deportation, the loss of his property and belongings resulted in heavy financial losses in violation of article 14 and the deportation deprived him of his family, and his family of his support in violation of article 18(1) of the African Charter.

It is understood that since the Commission’s finding, Modise and his representative have made attempts to engage with the government of Botswana to progress the implementation of the Commission’s decision.

“However these attempts have been futile. More recently, the attempt to follow up the implementation of the Commission’s decision.”

According to a family representative, who is also the late Modise’s daughter Winston Matshidiso Modise, after 20 years of all the sufferings, when they approached the Master of Court they were told that since they turned down their compensation of P100 000 from government, the case has since been closed.

“We are very disappointed by government’s clear flouting of AUC resolutions and we will determine the next course of action including meeting President Khama and seeing if we can reach an amicable solution,” the family representative/daughter, Winston Matshidiso Modise, told Weekend Post this week.  

Narrating the events, she emphasised that they felt insulted by government’s gesture to suggest to compensate them with a meagre P 100 000 after all they suffered the irreparable damage for the wrongful deportation.

If meeting with the president fails, she said, other options remain open including dragging the government to court if they see fit.

This publication has gathered that in response to Modise’s previous letters a Botswana government representative, Augustine Makgonatsotlhe the then Permanent Secretary to the president and now Ombudsman, stated that the allegation that Mr.Modise’s children are stateless “is without merit and that the offer to the family of P100 000 compensation made to Mr.Modise was done on a purely ex gratia basis and that offer has now lapsed”.

He then concluded by stating that “the recommendations of the African Union Commission are not binding on the government of Botswana and that the government is not obliged to accept and implement them.”

In his letter to President Lt. Gen. Dr. Seretse Khama Ian Khama on 28 November 2008, Mr Modise had contended that his children Elisabeth and Gladys were stateless. He felt that the state’s proposal of P100 000 was not done in good faith as his representatives who were in contact with the state were not informed of this development.

At the time Modise was summoned to the office of the then Attorney General Ian Kirby (now Judge of the Court of Appeal) where the offer was made. He then rejected the offer of P100 000 as being inadequate and not proportionate to the losses and violations he suffered.

This publication’s efforts to contact Senior Private Secretary to the President at the Office of the President Brigadier George Tlhalerwa, who was said to be handling the case, drew blanks as he was said to be outside the country on official business.

On his part, government spokesperson Jeff Ramsay confirmed knowledge of the case. He however was quick to point out that “last time I heard about the case was 10 years ago and Modise’s family was in talks with the government and I am not sure whether they reached a conclusion on the matter.”

Meanwhile, it is understood that currently six candidates have put forward their names for consideration for the commanding and influential position in which the elections are scheduled at the organization's next summit in January 2017.

Botswana, with signature rooftop diplomacy, still faces resistance from other African counterparts of her bold positions on various matters in the international sphere.

According to information from the UK based Interights “the government of Botswana’s disregard of the Commission’s decision, and its consequence failure to address the violations against Modise, conflict with Botswana’s obligations under international human rights law.”

The London based human rights NGO continues: “The government of Botswana ratified the African Charter without reservations. It is therefore obliged to adopt measures to give effect to the rights provided in the treaty and to appropriately address any violations that have occurred by providing victims of such violations with sufficient redress.”

Continue Reading

News

DIS blasted for cruelty – UN report

26th July 2022
DIS BOSS: Magosi

Botswana has made improvements on preventing and ending arbitrary deprivation of liberty, but significant challenges remain in further developing and implementing a legal framework, the UN Working Group on Arbitrary Detention said at the end of a visit recently.

Head of the delegation, Elina Steinerte, appreciated the transparency of Botswana for opening her doors to them. Having had full and unimpeded access and visited 19 places of deprivation of liberty and confidentiality interviewing over 100 persons deprived of their liberty.

She mentioned “We commend Botswana for its openness in inviting the Working Group to conduct this visit which is the first visit of the Working Group to the Southern African region in over a decade. This is a further extension of the commitment to uphold international human rights obligations undertaken by Botswana through its ratification of international human rights treaties.”

Another good act Botswana has been praised for is the remission of sentences. Steinerte echoed that the Prisons Act grants remission of one third of the sentence to anyone who has been imprisoned for more than one month unless the person has been sentenced to life imprisonment or detained at the President’s Pleasure or if the remission would result in the discharge of any prisoner before serving a term of imprisonment of one month.

On the other side; The Group received testimonies about the police using excessive force, including beatings, electrocution, and suffocation of suspects to extract confessions. Of which when the suspects raised the matter with the magistrates, medical examinations would be ordered but often not carried out and the consideration of cases would proceed.

“The Group recall that any such treatment may amount to torture and ill-treatment absolutely prohibited in international law and also lead to arbitrary detention. Judicial authorities must ensure that the Government has met its obligation of demonstrating that confessions were given without coercion, including through any direct or indirect physical or undue psychological pressure. Judges should consider inadmissible any statement obtained through torture or ill-treatment and should order prompt and effective investigations into such allegations,” said Steinerte.

One of the group’s main concern was the DIS held suspects for over 48 hours for interviews. Established under the Intelligence and Security Service Act, the Directorate of Intelligence and Security (DIS) has powers to arrest with or without a warrant.

The group said the “DIS usually requests individuals to come in for an interview and has no powers to detain anyone beyond 48 hours; any overnight detention would take place in regular police stations.”

The Group was able to visit the DIS facilities in Sebele and received numerous testimonies from persons who have been taken there for interviewing, making it evident that individuals can be detained in the facility even if the detention does not last more than few hours.

Moreover, while arrest without a warrant is permissible only when there is a reasonable suspicion of a crime being committed, the evidence received indicates that arrests without a warrant are a rule rather than an exception, in contravention to article 9 of the Covenant.

Even short periods of detention constitute deprivation of liberty when a person is not free to leave at will and in all those instances when safeguards against arbitrary detention are violated, also such short periods may amount to arbitrary deprivation of liberty.

The group also learned of instances when persons were taken to DIS for interviewing without being given the possibility to notify their next of kin and that while individuals are allowed to consult their lawyers prior to being interviewed, lawyers are not allowed to be present during the interviews.

The UN Working Group on Arbitrary Detention mentioned they will continue engaging in the constructive dialogue with the Government of Botswana over the following months while they determine their final conclusions in relation to the country visit.

Continue Reading

News

Stan Chart halts civil servants property loan facility

26th July 2022
Stan-Chart

Standard Chartered Bank Botswana (SCBB) has informed the government that it will not be accepting new loan applications for the Government Employees Motor Vehicle and Residential Property Advance Scheme (GEMVAS and LAMVAS) facility.

This emerges in a correspondence between Acting Permanent Secretary in the Ministry of Finance Boniface Mphetlhe and some government departments. In a letter he wrote recently to government departments informing them of the decision, Mphetlhe indicated that the Ministry received a request from the Bank to consider reviewing GEMVAS and LAMVAS agreement.

He said: “In summary SCBB requested the following; Government should consider reviewing GEMVAS and LAMVAS interest rate from prime plus 0.5% to prime plus 2%.” The Bank indicated that the review should be both for existing GEMVAS and LAMVAS clients and potential customers going forward.

Mphetlhe said the Bank informed the Ministry that the current GEMVAS and LAMVAS interest rate structure results into them making losses, “as the cost of loa disbursements is higher that their end collections.”

He said it also requested that the loan tenure for the residential property loans to be increased from 20 to 25 years and the loan tenure for new motor vehicles loans to be increased from 60 months to 72 months.

Mphetlhe indicated that the Bank’s request has been duly forwarded to the Directorate of Public Service Management for consideration, since GEMVAS and LAMVAS is a Condition of Service Scheme. He saidthe Bank did also inform the Ministry that if the matter is not resolved by the 6th June, 2022, they would cease receipt of new GEMVAS and LAMVAS loan applications.

“A follow up virtual meeting was held to discuss their resolution and SCB did confirm that they will not be accepting any new loans from GEMVAS and LAMVAS. The decision includes top-up advances,” said Mphetlhe. He advised civil servants to consider applying for loans from other banks.

In a letter addressed to the Ministry, SCBB Chief Executive Officer Mpho Masupe informed theministry that, “Reference is made to your letter dated 18th March 2022 wherein the Ministry had indicated that feedback to our proposal on the above subject is being sought.”

In thesame letter dated 10 May 2022, Masupe stated that the Bank was requesting for an update on the Ministry’s engagements with the relevant stakeholder (Directorate of Public Service Management) and provide an indicative timeline for conclusion.

He said the “SCBB informs the Ministry of its intention to cease issuance of new loans to applicants from 6th June 2022 in absence of any feedback on the matter and closure of the discussions between the two parties.”  Previously, Masupe had also had requested the Ministry to consider a review of clause 3 of the agreement which speaks to the interest rate charged on the facilities.

Masupe indicated in the letter dated 21 December 2021 that although all the Banks in the market had signed a similar agreement, subject to amendments that each may have requested. “We would like to suggest that our review be considered individually as opposed to being an industry position as we are cognisant of the requirements of section 25 of the Competition Act of 2018 which discourages fixing of pricing set for consumers,” he said.

He added that,“In this way,clients would still have the opportunity to shop around for more favourable pricing and the other Banks, may if they wish to, similarly, individually approach your office for a review of their pricing to the extent that they deem suitable for their respective organisations.”

Masupe also stated that: “On the issue of our request for the revision of the Interest Rate, we kindly request for an increase from the current rate of prime plus 0.5% to prime plus 2%, with no other increases during the loan period.” The Bank CEO said the rationale for the request to review pricing is due to the current construct of the GEMVAS scheme which is currently structured in a way that is resulting in the Bank making a loss.

“The greater part of the GEMVAS portfolio is the mortgage boo which constitutes 40% of the Bank’s total mortgage portfolio,” said Masupe. He saidthe losses that the Bank is incurring are as a result of the legacy pricing of prime plus 0% as the 1995 agreement which a slight increase in the August 2018 agreement to prime plus 0.5%.

“With this pricing, the GEMVAS portfolio has not been profitable to the Bank, causing distress and impeding its ability to continue to support government employees to buy houses and cars. The portfolio is currently priced at 5.25%,” he said.  Masupe said the performance of both the GEMVAS home loan and auto loan portfolios in terms of profitability have become unsustainable for the Bank.

Healso said, when the agreement was signed in August 2018, the prime lending rate was 6.75% which made the pricing in effect at the time sufficient from a profitable perspective. “It has since dropped by a total 1.5%. The funds that are loaned to customers are sourced at a high rate, which now leaves the Bank with marginal profits on the portfolio before factoring in other operational expenses associated with administration of the scheme and after sales care of the portfolio,” said the CEO.

Continue Reading

News

Botswana ranked 129 in female MPs representation

26th July 2022
Minister of Finance & Economic Development Peggy Serame

The Global Gender Gap Index, a report published by the World Economic Forum annually, has indicated that Botswana is among countries that fare badly when it comes to representation of women in legislative bodies.

The latest Global Gender Gap Index, published last week, benchmarks the current state and evolution of gender parity across four key dimensions (Economic Participation and Opportunity, Educational Attainment, Health and Survival, and Political Empowerment). It is the longest-standing index which tracks progress towards closing these gaps over time since its inception in 2006.

This year, the Global Gender Gap Index benchmarked 146 countries. Of these, a subset of 102 countries have been represented in every edition of the index since 2006, further providing a large constant sample for time series analysis.

Botswana ranks number 66 overall (out of 146 countries), with good rankings in most of the pillars. Botswana ranks 1st in Health and Survival, 7th in the Economic Participation and Opportunity, 22nd in Educational Attainment, and 129th in Political Empowerment.

The Global Gender Gap Index measures scores on a 0 to 100 scale and scores can be interpreted as the distance covered towards parity (i.e. the percentage of the gender gap that has been closed). The cross-country comparisons aim to support the identification of the most effective policies to close gender gaps.

The Economic Participation and Opportunity sub-index contains three concepts: the participation gap, the remuneration gap and the advancement gap. The participation gap is captured using the difference between women and men in labour-force participation rates. The remuneration gap is captured through a hard data indicator (ratio of estimated female-to-male earned income) and a qualitative indicator gathered through the World Economic Forum’s annual Executive Opinion Survey (wage equality for similar work).

Finally, the gap between the advancement of women and men is captured through two hard data statistics (the ratio of women to men among legislators, senior officials and managers, and the ratio of women to men among technical and professional workers).

The Educational Attainment sub-index captures the gap between women’s and men’s current access to education through the enrolment ratios of women to men in primary-, secondary- and tertiary-level education. A longer-term view of the country’s ability to educate women and men in equal numbers is captured through the ratio of women’s literacy rate to men’s literacy rate.

Health and Survival sub-index provides an overview of the differences between women’s and men’s health using two indicators. The first is the sex ratio at birth, which aims specifically to capture the phenomenon of “missing women”, prevalent in countries with a strong son preference. Second, the index uses the gap between women’s and men’s healthy life expectancy.

This measure provides an estimate of the number of years that women and men can expect to live in good health by accounting for the years lost to violence, disease, malnutrition and other factors.
Political Empowerment sub-index measures the gap between men and women at the highest level of political decision-making through the ratio of women to men in ministerial positions and the ratio of women to men in parliamentary positions. In addition, the reported included the ratio of women to men in terms of years in executive office (prime minister or president) for the last 50 years.

In the last general elections, only three women won elections, compared to 54 males. The three women are; Nnaniki Makwinja (Lentsweletau-Mmopane), Talita Monnakgotla (Kgalagadi North), and Anna Mokgethi (Gaborone Bonnington North). Four women were elected through Specially Elected dispensation; Peggy Serame, Dr Unity Dow, Phildah Kereng and Beauty Manake. All female MPs — save Dow, who resigned — are members of the executive.

Overall, Botswana has 63 seats, all 57 elected by the electorates, and six elected by parliament. Early this year, Botswana Democratic Party (BDP) secretary general and Gaborone North MP, Mpho Balopi, successfully moved a motion in parliament calling for increment of elective seats from 57 to 61. Balopi contented that population growth demands the country respond by increasing the number of MPs.

In Africa, Botswana play second fiddle to countries like Rwanda, Namibia, South Africa, Burundi, and Zimbabwe who have better representation of women, with Rwanda being the only country with more than 50 percent of women in parliament.

The low number of women in parliament is attributed to Botswana’s current, electoral system, First-Past-the-Post. During the 9th parliament, then MP for Mahalapye East tabled a motion in parliament in which she sort to increase the number of Specially Elected MPs in parliament to augment female representation in the National Assembly.

The motion was opposed famously, by then Specially Elected MP, Botsalo Ntuane, who said the citizens were not in favour of such a move since it dilute democracy, instead suggesting the Botswana should switch to Proportional-Representation-System. Botswana is currently undergoing Constitutional Review process, with the commission, appointed in December, expected to deliver the report to President Mokgweetsi Masisi by September this year.

Continue Reading
Weekend Post