In response to the detention on Thursday, July 20, of Botswana journalists Ryder Gabathuse and Innocent Selatlhwa by agents of the Directorate of Intelligence and Security Services, the Committee to Protect Journalists issued the following statement of condemnation:

“The brazen detentions of Botswanan journalists Ryder Gabathuse and Innocent Selatlhwa and the seizure of their electronic devices must be thoroughly repudiated by President Mokgweetsi Masisi’s government, and the intelligence agents responsible must be held to account,” said CPJ’s Africa program coordinator, Angela Quintal, in New York. “It is particularly concerning that the journalists have not received their electronic devices back from authorities, given Botswana’s abuse of digital forensic tools that compromise journalists’ sources.”

Authorities arrested Selatlhwa, a senior reporter for the Mmegi newspaper, without presenting a warrant, according to news reports and statements by local press freedom groups.

Following Selatlhwa’s detention, DISS officers raided Mmegi’s office in the capital city of Gaborone on Thursday evening and detained Gabathuse, the newspaper’s editor. According to a tweet by the outlet, one of the officers said “I am a warrant myself” when asked for a warrant during the raid.

Both journalists were released Friday morning without charge, but authorities kept custody of mobile phones, iPads, and laptop computers seized during their arrests, according to news reports and Gabathuse, who spoke to CPJ after his release.

CPJ has previously documented how Botswana has used Israeli Cellebrite technology to extract and analyze thousands of messages, call logs, emails, and web browsing history from phones and other devices confiscated from journalists.

CPJ called and texted DISS spokesperson Edward Robert for comment but did not immediately receive any reply.

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We, the undersigned civil society organisations, who work to promote and defend freedom of expression and information as fundamental rights worldwide, are writing to express our concern with the growing threats to civic space in Botswana and the resulting effect this would have on the right to freedom of association and assembly, and freedom of expression. 

Botswana has historically been considered a stable democracy in the region and as a result, we are alarmed by reports that civil society organisations in the country could be facing interference in their work. Recently, an office holder of the ruling Botswana Democratic Party contested an influential position on the board of the Botswana chapter of The Media Institute of Southern Africa (MISA). This has the appearance of potential government interference – particularly as the same election also saw a sudden and dramatic increase in membership a few weeks prior, with an influential third-party paying for 600 membership subscriptions, likely with the hopes that this would impact the vote. Efforts to interfere in the work of civil society can be precursors to worse human rights violations that would affect civic space and the democratic credibility of the country, while also eroding Botswana’s history of positive engagement with civil society.

Earlier this year, government authorities also attempted to fast-track a new piece of legislation – the Criminal Procedure and Evidence (Controlled Investigation) Bill. The Bill raised concerns that it would expand the government’s powers to intercept private communications without a warrant or public oversight, thereby opening the door to violations of privacy and increased surveillance of journalists, trade unionists, and activists. The Bill received international criticism for its draconian reach and has since been amended to establish some oversight on interception operations and outlaw the unauthorised interception of communications. This came after public outrage and sustained advocacy by a coalition of civil society organisations, including MISA. 

These developments in Botswana reflect pockets of emerging threats to civic space. Violations of freedom of association and assembly contravene international and regional human rights law and standards, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Articles 10 and 11 of the African Charter on Human and Peoples’ Rights – both of which Botswana has ratified and has a legal obligation to uphold. Protection of freedom of assembly and association and freedom of expression without interference is also enshrined under Article 13 of Botswana’s Constitution, while Botswana’s National Policy For Non-Governmental Organisations promotes the value of an enabling environment “that recognizes, respects and preserves the independence, autonomy and constitutional rights of NGOs… [to] sustain the freedom of association, expression and conscience.”

For any country, a robust and healthy civic space is a cornerstone to enduring democracy and stability, and to enabling the fundamental rights to freedom of association and assembly, and freedom of expression. Thus, we urge the Government of Botswana to uphold its national commitments and international human rights obligations by providing an enabling environment conducive to civic space, in accordance with national and international human rights standards. This includes ensuring the freedom of civil society organisations to work independently without fear of interference; and including by government officials or associates.

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MISA Regional Governing Council convened solidarity meetings in Botswana during which the country’s highly contentious Criminal Evidence Procedure (Controlled Investigations) Bill was high on the agenda.

The Media Institute of Southern Africa (MISA) Regional Governing Council (RGC) last week convened highly successful engagement and solidarity meetings in Botswana during which the country’s highly contentious Criminal Evidence Procedure (Controlled Investigations) Bill was high on the agenda.

MISA held the high level meetings with government officials and other stakeholders stressing  that the Bill was detrimental to Botswana’s image as one of the citadels of democracy and freedom of expression in the region.

From left to right: MISA regional director Tabani Moyo, the regional deputy chairperson Joseph Tsoana Nkoale, the regional treasurer Salome Kitomari, the Botswana Minister of Defence, Justice and Security Shaw Kgathi and the MISA Regional chairperson Golden Maunganidze pause for a picture after a meeting. 

It was MISA’s position that Botswana has a good reputation in terms of being the oldest democracy on the continent. There was therefore need to maintain this distinction by ensuring the Bill does not infringe on individual freedoms such as the rights to free expression, privacy and association. It is one of the three Southern African countries that made progress according to the 2021 Index – the other two countries being Malawi and Zambia.

MISA acknowledged and noted that the government of Botswana had listened to civil society organisations by amending the contentious parts of the Bill.

Botswana’s Minister of Defence, Justice and Security, Shaw Kgathi, explained why the Bill had been fast-tracked through parliament, adding that the country was trying to be in compliance with the Financial Action Task Force (FATF) recommendations.

Botswana, which had been grey-listed by the FATF, is due for review sometime this year.

The country has since been removed from the grey list.

Minister Kgathi said they had listened to concerns from civil society organisations and conceded on the need for more judicial oversight when officials are intercepting communications.

He also conceded that in the haste to pass the Bill, there had been missteps, which the government now sought to address. However, MISA impressed upon the government of Botswana to be guided by Principle 41 of the Declaration of Principles of Freedom of Expression and Access to Information in Africa of the African Commission on Human and Peoples’ Rights.

Principle 41 says that States shall ensure that any law authorising targeted communication surveillance provides adequate safeguards for the right to privacy. MISA further humbly requested upon the government of Botswana to ensure that the final bill meets regional and international best practice.

Meanwhile, MISA also held an RGC meeting on the sidelines of the solidarity meetings, where updates were given on the progress of projects being implemented by the respective MISA chapters in the SADC region.

MISA continues to strengthen its regional network following the relocation of the Regional Secretariat to Harare, Zimbabwe.

In that regard, MISA will during the course of the year continue to hold similar solidarity meetings across the region.

The initial meeting was in Botswana due to the urgency brought about by the gazetting of the amendments to the Criminal Procedure and Evidence (Controlled Investigations) Act.

Earlier this year, MISA, working with a number of freedom of expression advocacy groups, petitioned the government of Botswana not to proceed with the amendments arguing this would infringe on the right to freedom of expression, right to privacy and freedom of assembly.

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A collective of Botswana media organizations that includes MISA Botswana, Press Council of Botswana and Botswana Editors Forum have been alarmed by the contents of a piece of legislation currently being discussed in Parliament.

More shocking to us is the fact that the Criminal Procedure and Evidence (Controlled Investigation) Bill published on the 12th January 2022 is being debated under the certificate of urgency rule, which means that it will be expedited through parliament and not get enough scrutiny and interrogation from the public.

This alone, given the huge implications of this law and its direct bearing on a large number of people, is a sign of dishonesty and disingenuousness on the part of the Botswana Government. We should be ashamed of this as a nation. Almost half of the Bill refers to interception of communication and forced disclosure of information for the prying eyes of the state intelligence and law enforcement agencies.

The Bill, which was presented to parliament by the Minister of Defense, Justice and Security, is replete with intonations that are not consistent with modern trends in democratic states. It also does not show any seriousness to fight modern-day international crimes like money laundering and terrorism. Treating every citizen like a criminal suspect shows a lack of foresight on the part of the Botswana government. The Bill eats and erodes the very core of Botswana’s freedoms and liberties.

As the media, we are very worried about the direct implications of this law on the work of journalists, trade unionists and other social activists. The law jeopardizes freedom of expression and makes the media especially vulnerable. We wish to highlight the point that Botswana does not have a Freedom of Information Law. And even without the current Bill, that alone is a bad situation. And this current Bill makes that bad situation worse. This law gives Law Enforcement agencies the power to incept communications without a warrant from the judiciary. The extent to which this will be abused, should just by itself have a chilling effect on the citizens.

Once again, the media will be prone to being targeted and being harassed. Even without this law, the media in Botswana was prone to harassment, arrests and beating by law enforcement agents. We shudder what will now become of it. It is perhaps, noteworthy that a significant number of the ruling party members appeared to have been conveniently absent from the first round of voting in Parliament.

Botswana Media Bodies also note that the law forces the disclosure of information. This goes against the ethics of journalism, in particular, where sources of information are supposed to be protected. For the media, protection of sources is cardinal. It would be regressive and against the practice of journalism if communication between journalists and their sources were to be intercepted by the government and its law enforcement agencies. In fact, such interception exposes not just the journalists but also their sources to grave danger. This will inevitably have a chilling effect on journalists and their sources leading to self-censorship. Once sources are silenced by fear of their communication being intercepted then we should forget about fighting corruption – a key electoral pledge of President Mokgweetsi Masisi in the last General Elections in 2019. To make matters worse, those making such interceptions will be carrying “fake” identities. They will also be immune from prosecution.

This is nothing short of criminalizing journalism itself, and with that, the freedom of expression. Media bodies in Botswana wish to express their united rejection of this law. Media bodies call the government to withdraw the Bill. Accordingly, we call on the government to engage the nation on what it really seeks to achieve. It is our position that sensitive matters like the one addressed by this Bill must be subjected to intense public consultation, even before they are gazetted. Thus, Botswana Media Bodies are shocked by Botswana Government’s cavalier attitude to serious matters like basic freedoms and civil liberties. Lastly, we once again appeal to Members of Parliament and to the State President to reach for their conscience and withdraw the Bill.

Tefo Phatshwane, MISA National Director
Spencer Mogapi, Editors Forum Chairman
Aubrey Lute, Press Council of Botswana Chairman

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This report focuses on the progress made regarding the state of broadcasting and digital migration in Angola, Botswana, South Africa and Zimbabwe

We are happy to release a report on the State of broadcasting and digital migration in the region

Most countries in the region and beyond adopted a phased approach to the digital broadcasting migration (DBM) process and the modernisation of the infrastructure was synchronised with consumer awareness and acquisition of receiver gadgets, the set-top boxes (STBs). Digital broadcasting migration hinges on three pillars and these are:

• Infrastructure
• Content
• Consumer awareness and set-top boxes

It should be noted however that some SADC countries have made good digital broadcasting migration progress and are in the final phases of the process. Others are struggling due to various factors, chief among them being financial constraints and lack of urgency to comply with the ITU timelines. It is also unfortunate that the Covid-19 pandemic that hit the world from the beginning of the year 2020 also negatively impacted the progress of digital broadcasting migration programs, as resources had to be channelled towards fighting the pandemic.

A copy of the State of broadcasting and digital migration in the region report is available for download in the MISA resource centre.

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Botswana authorities should immediately drop the criminal charges against two journalists and three media workers at the Moeladilotlhoko News Boiler and cease harassing members of the press and seizing their devices, the Committee to Protect Journalists said today.

The five are expected in court this month in connection to a case dating from January.

On January 28, police in Phitshane, outside Botswana’s capital Gaborone, arrested Tshepo Sethibe and Michelle Teise, two reporters with Moeladilotlhoko, a privately-owned news outlet that publishes on Facebook, and four media workers with the company – media security specialist Gosego Phofusetso, then-security guard Tumelo Modise, and then-staff photographer Kenanao Karele, according to Sethibe, who also serves as Moeladilotlhoko’s director, and Obonetse Jonas, the company’s lawyer, who spoke to CPJ via messaging app.

Jonas said that all five Moeladilotlhoko employees were released 10 days later on February 7 after being charged with two counts of criminal trespass for entering two houses on January 25 and January 27 in search of Obakeng Badubi, a man who had disappeared earlier that month, according to a Botswana government notice posted on Facebook. Jonas said the employees had entered the house as part of a news investigation into Badubi’s disappearance; the outlet publishes stories on people who have disappeared.

Criminal trespass is punishable with up to one year in prison, according to Botswana’s penal code. Jonas told CPJ that the Moeladilotlhoko staff were last in court on April 15 and their next appearance was expected in June, but a specific date had not been set.

“Botswana police should drop all charges against the Moeladilotlhoko News Boiler staff and stop seizing devices from journalists,” said Angela Quintal, CPJ’s Africa program coordinator in New York. “Authorities in Botswana should respect journalists’ privacy and allow them to do their work without fear of prosecution or other harassment.”

Between March 26 and 30, police again arrested Sethibe, Teise, and Phohusetso, as well as Moeladilotlhoko graphic designer Denis Khwinana and the outlet’s driver Tshireletso Badubi, Sethibe told CPJ. Teise and Badubi were arrested together in the southern Mmopane village while on assignment investigating Obakeng Badubi’s disappearance; Gosego was arrested in in the residential Phase 2 area of Gaborone; Dennis was arrested at his home in the southern Tlokweng village; and Sethibe was arrested at the magistrate’s court in the southern Kanye village, he said. Sethibe said the police detained the group in police cells in Gaborone and seized their computers and mobile phones; the crew was granted bail on April 10 after being previously denied on April 1.

All five were charged with one count of seditious offenses and six counts of criminal trespass for activities related to their continued investigation of Badubi’s disappearance, according to Sethibe and the charge sheet, which CPJ reviewed. The seditious offenses charges, which are punishable with up to three years in prison according to the penal code, specifically related to the team’s creation of T-shirts with “Bring back Obakeng” printed on the front, Sethibe said.

The charges from the March arrests were withdrawn in mid-April, according to Jonas and reports by the government-funded Daily News and the privately-owned The Voice newspapers.

Jonas told CPJ that during the March arrests police demanded the passcodes to their mobile phones, which they gave them, and that all of the devices were returned after their release except for two phones which were kept as evidence. According to Sethibe, after the crew told police the passcodes to their devices, a police inspector who identified himself as “Arron” threatened to delete the Moeladilotlhoko News Boiler Facebook page, but Jonas convinced him not to do so. Sethibe also told CPJ that while he was in custody he saw officers answer phone calls and read messages on their devices. CPJ previously documented how Botswana police used digital forensics technology to extract information from a journalist’s phone.

Sethibe and his co-accused in the March case told The Voice that they would continue their investigations into disappeared people without fear.

CPJ tried to contact Botswana police spokesperson Dipheko Motube via messaging app and email but the requests went unanswered.

In a statement shared with CPJ via messaging app after publication, Botswana police spokesperson Dipheko Motube said the police do not comment on “live cases.” But police investigations “may necessitate” detentions and confiscation of “any implement which may have been used in the commission of the offence” with “due regard to the rights of the individual arrested.”

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The media in Southern Africa has over the years been facing a myriad of problems such as dwindling advertising revenue and declining sales for the print media amid the rapid shift to digital and online platforms.

While the media, particularly print, have been able to innovate and survive these challenges, the COVID-19 pandemic presents an existential threat to an industry that was already limping.

Many industries have been impacted by the outbreak of COVID-19. However, the collapse of media in the region could have a serious impact on freedom of speech and democracy. A free and unfettered media is one of the pillars of democracy, thus, the collapse of media organisations poses a threat to democracy.

For countries to continue to develop, there is a need for plurality and diverse media platforms so that citizens are kept well informed for them to make informed choices and decisions.

While the argument can be made that the gap being left by closing print publications is being filled by online platforms, however, statistics show that only 34% of the region have access to the internet. This leaves 66% of the regional population without enough sources for news and other information, much to the detriment of democracy.

South Africa

At the beginning of May, Associated Media Publishing (AMP), an independent media house launched in 1982, stopped trading and publishing its magazines. Its publications included Cosmopolitan, House & Leisure and Women on Wheels. Caxton and CTP Publishers & Printers also announced that they were closing their magazine division.

“Further, the negative impact of the recent COVID-19 lockdown on general economic activity and, as a consequence, on the ability of the business to trade normally in what were already difficult trading conditions for magazine publishers, has made this decision unavoidable,” Caxton said in a statement.

Due to the lockdown, newspapers such as the Citizen saw their income fall by as much as 60% during South Africa’s initial 21-day lockdown period that was announced towards the end of March. The company said 65% of adverts had also been cancelled due to the lockdown. To mitigate the losses, the newspaper company announced that workers may have to take pay cuts.

Independent Media and African News Agency (ANA), announced that staff may have to take pay cuts. On the other hand, the Mail & Guardian disclosed that some advertisers had cancelled their campaigns. Live events — which constitute about 20% of the company’s income — had also been stopped due to the coronavirus lockdown.

Zimbabwe

At the beginning of the country’s lockdown in March, Alpha Media Holdings (AMH), which publishes NewsDay, the Zimbabwe Independent and The Standard, announced that it had stopped printing its hard copies and would instead produce e-paper versions of its publications. The company also announced that all staff members would get a 50% pay cut, while those not directly involved in e-paper production were sent on leave.

Zimpapers, the publishers of The Herald, Sunday Mail, Chronicle and Sunday News, among a host of other titles, recorded some redundancies, with correspondents and workers in departments such as printing being laid off. AB Communications, the proprietors of ZiFM and Business Times, laid off several staff members, including journalists in the past month.

Subscription rates are very low on the Zimbabwean market, with companies relying on street sales. With citizens staying at home due to lockdown protocols, newspaper sales and revenue will certainly dip during this period, with serious implications for Zimbabwean media workers.

MISA Zimbabwe has written to the Minister of Information, Publicity and Broadcasting Services Monica Mutsvangwa proposing the setting up of a Media Sustainability Bailout Rescue Package. The package could be in the form of tax or duty exemptions and moratoriums on newsprint and other mass media and distribution equipment.

In addition, the government could also consider reducing registration and licence fees for media houses and also do away with some of the levies.

Botswana

News Company Botswana announced that they would stop printing and physically distributing the Botswana Gazette, which would now only be distributed as a digital copy. The Botswana Gazettehad been in circulation for more than 36 years. News Company said they had been developing their online products since 2014, but conceded that the coronavirus lockdown had accelerated a decision for the company to take its products online and abandon the print copy.

Other publications such as the Business Weekly and Echo, have also temporarily frozen their print papers and gone digital, while the Telegraph has not printed since the lockdown and neither does it have an e-copy.

Namibia

Reports from Namibia shows that giant publications like The Namibian are also finding it difficult to absorb the shock and business model dislocations borne out of the pandemic. Reports show that the newspaper is also thinking of adjusting its cost structures which will affect close to 30-40% of its journalists as it tries to adjust to the ravaging impact of the COVID 19 crisis.

Regional snapshot

It is important to point out that these are independent publishing houses that are suffering under the strain of the COVID-19 lockdowns, and their failure to operate viably, has serious implications on democracy in the Southern African region.

This pattern is replicating itself throughout the region, with media companies suffering losses due to depressed advertising and sales revenues. In Lesotho for instance, the Lesotho Timesannounced that it was cutting staff salaries by 20% for two months. In Zambia, media houses have reported downturns in their advertising revenue and circulation figures.

MISA Zimbabwe position

For democracy to function effectively, there is need for a strong and independent media, which plays its watchdog role rigorously and effectively. However, the media faces an unprecedented crisis due to the COVID-19 pandemic and the attendant lockdowns being instituted in various countries.

MISA Zimbabwe urges regional governments to come up with bailout packages for the industry in their respective countries.

However, for this to be effectively co-ordinated, there is need for a regional approach, with the process taking shape at the apex of the SADC regional grouping through the setting up of a broad framework which is all-inclusive and responsive to the moving target.

We, therefore, call upon governments to include the media in these COVID-19 bailouts and stimulus packages. The media is a very important pillar for democracy; and for democracy to thrive, there is a need for the respective governments to factor in the media in their bailout packages.

Members of AFEX:

ADISI-Cameroon
Africa Freedom of Information Centre
Association for Media Development in South Sudan
Center for Media Studies and Peace Building
Collaboration on International ICT Policy in Eastern and Southern Africa (CIPESA)
Freedom of Expression Institute
Gambia Press Union (GPU)
Human Rights Network for Journalists – Uganda
Institute for Media and Society
International Press Centre
Journaliste en danger
Media Foundation for West Africa
Media Institute of Southern Africa
Media Rights Agenda
West African Journalists Association

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The Botswana High Court, in a groundbreaking decision, ruled on November 14, 2014, that members of a lesbian, gay, bisexual, and transgender (LGBT) rights group could formally register their organization, Human Rights Watch said today.

The decision was issued in response to a petition filed by Lesbian, Gays and Bisexuals of Botswana (LEGABIBO) to register under the Botswana Societies Act. The Botswana registrar of societies rejected the group’s request to register in March 2012. Registration is required to carry out the group’s organizational functions and for equal participation in the development of national programs.

“The court’s ruling is a significant victory for the LGBT community, not only in Botswana but elsewhere in Africa where LGBT groups have faced similar obstacles to registration,” said Monica Tabengwa, LGBT researcher at Human Rights Watch. “The Botswana High Court decision is a milestone in the fight for LGBT people’s right to equality under the law.”

Same-sex conduct is outlawed in 38 African countries. One of the insidious effects of these laws is that LGBT organizations are denied registration in these countries on the grounds that they will be promoting an illegal activity. This has the effect of violating LGBT people’s rights to freedom of association, assembly, and expression, Human Rights Watch said. LGBT groups in several African countries, including Kenya and Uganda, have filed legal challenges after they were denied registration.

Members of LEGABIBO submitted an application for registration on February 16, 2012. The application was rejected on March 12, 2012, on grounds that the Botswana Constitution “does not recognize homosexuals,” and that the application would violate section 7(2)(a) of the Botswana Societies Act. That section allows the government to deny an application for registration if “it appears … that any of the objects of the society is, or is likely to be used for any unlawful purpose prejudicial to or incompatible with peace, welfare or good order in Botswana.”

In their application to the High Court, the applicants said that the registrar’s refusal to register the organization was an unjustified limitation on their constitutional rights to non-discrimination, freedom of association, assembly, and expression. The Botswana Constitution makes no reference to “homosexuals” or “homosexual activity,” and while the penal code includes a prohibition on same-sex sexual conduct, there is no legal prohibition on being a lesbian, gay, or bisexual person, nor from associating as such.

In upholding the application, Justice Terence Rannowane of the Botswana High Court in his ruling said that freedoms of association, assembly, and expression are important values of society, and that the “enjoyment of such rights can only be limited where such limitation is reasonably justifiable in a democracy.” The decision continued: “The objects of LEGABIBO as reflected in the societies’ constitution are all ex facie lawful. They include carrying out political lobbying for equal rights and decriminalization of same sex relationships.”

“Freedoms of association, assembly, and expression reflect paramount values in a democratic society,” Tabengwa said. “By rejecting the refusal to grant legal status to an organization on the basis of the members’ sexual orientation, the court was protecting those rights for all in Botswana.”

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By Monica Tabengwa

It’s not illegal to be gay in Botswana, but sometimes it must feel like it. Just ask Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), a non-profit group that’s been fighting for a decade to get official standing in the country, a battle that will come to a head over the next couple of weeks.

I started working for LEGABIBO in 2004. We needed funds, but I hit a wall every time we approached donors, because the organization was not registered with the Botswana Registrar of Societies – a necessary step to open a bank account and receive funds. From 2005 to 2012, LEGABIBO made a series of unsuccessful applications to register the organization. In October 2012 the Registrar of Societies denied LEGABIBO on the basis that the country’s constitution ‘does not recognize homosexuals’.

While same-sex sexual conduct is prohibited by Botswana’s penal code, it’s not illegal to be gay, lesbian or bisexual. Under Botswana’s constitution, every person is entitled to fundamental rights and freedoms including the right to associate. And since the constitution does not explicitly mention men, women, males, females, heterosexuals or homosexuals anywhere in the constitution it’s incorrect to claim that the constitution does not recognize homosexuals any more than it does not recognize men and women.

We challenged the registrar’s decision, and the Botswana High Court is scheduled to render its judgement on November 14. LEGABIBO’s case is significant for Botswana, and for the rest of Africa where 38 countries criminalize same-sex conduct under colonial era sodomy laws and many LGBTI organizations operate under the radar. LGBT groups are challenging similar restrictions in Kenya.

The registrar’s refusal to register LEGABIBO is based on irrelevant considerations and was done in a manner that violates the human rights of the members. Moral disapproval does not justify limiting fundamental human rights. The constitution of Botswana guarantees the right to freedom of association including the right to form, join, or participate in the activities of an association. Denying registration to an LGBTI group effectively denies them the ability to advocate for their own rights.

Registering organizations without discrimination contributes to the achievement of equality and the advancement of human rights for all. This is something that LGBTI people should be allowed to enjoy openly and equally like everyone else. After waiting for almost a decade, LEGABIBO might finally be able to enjoy the freedom of association that has been denied them.

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In October 2014, the Media Institute of Southern Africa (MISA) convened a mission to observe the conduct of the media and electoral bodies during the Botswana 2014 parliamentary and local government elections, held on Friday 24 October. The mission found that the media performed exceptionally well, though there could be improvements.

THE MEDIA AND ELECTIONS

Credible and fair elections are an essential element of democratic societies. During electoral periods the media play a particularly vital role, as they are the main source of information for the population, not only about the technicalities of registration, voting and the counting of ballots but also about the performance of the Electoral Management Body (EMB), the government and the actions, intentions and policies of all political players. The media’s job is to facilitate a transparent process, give space to the diversity of opinions and perspectives, and provide necessary background, context and analysis.

In 2012, in preparation for elections in southern Africa, MISA convened southern African journalists and Electoral Management Bodies (EMBs) to develop regional guidelines for media coverage of elections in southern Africa. In addition, MISA facilitated platforms for media and EMBs to share their respective communication and information needs, and to discuss concrete proposals to improve communication between EMBs and the media. MISA followed up these initiatives with practical training for Botswana journalists in 2014 on the legal framework for elections, journalism ethics and professionalism.

In its capacity building efforts on this issue, MISA is guided by the:

• African Charter on Human and Peoples‘ Rights (1981);
• The Windhoek Declaration on Promoting an Independent and Pluralistic African Press (1991);
• The African Charter on Broadcasting (2001);
• The Declaration of Principles on Freedom of Expression in Africa, adopted by formal resolution by the African Commission on Human and Peoples’ Rights (2002);
• SADC Principles and Guidelines Governing Democratic Elections (2004);
• Guidelines Principles for Broadcast Coverage of Election in the SADC Region (2005);
• The African Charter on Democracy, Elections and Governance (2007);
• Guidelines in Media Coverage of Elections in the SADC Region (2012)

FINDINGS

Based on pre-election monitoring and assessment of the conduct of the media during the 2014 Botswana parliamentary and local government elections, MISA notes the following:

The Botswana media can be commended for an exceptional effort to facilitate voter education and expand the reach of its reporting. The most remote constituencies including Okavango, Chobe and Kalahari were covered during the election, and further effort was made to give voice to citizens whose opinions are rarely included in national policy making processes. This created balance and diversity in coverage, some of the tenants of good election reporting.

However, taking into consideration that public service media, which are funded through public resources, have a particular mandate in ensuring fair and thorough coverage of elections through equitable distribution of airtime to political parties and candidates, MISA is concerned about the uneven reportage towards the ruling party. Such media should be both fair and seen to be fair.

The arrest of Sunday Standard editor, Outsa Mokone on 8 September 2014, whilst not directly related to media coverage of the 2014 elections, undoubtedly caused a chilling effect on the media. More particularly it spelt the first time that sedition laws were used against journalists in Botswana. Sedition laws, by their very nature, are designed to extinguish freedom of expression. Reporter Edgar Tsimane, who wrote the story that led to Mokone’s arrest, remains in exile in South Africa. No doubt these developments have instilled fear and censorship amongst journalists.

Both the media and political parties made effective use of social media during the campaign period. However, the media is cautioned that whilst opinion polls are an important element in election coverage

– they provide one way of determining public attitudes toward issues, candidates and parties

– effort should be made to abide by ethical guidelines particularly the Guidelines in Media Coverage of Elections in the SADC Region. In reporting opinion polls, media need to reveal which party, individual or organisation commissioned and paid for the poll, the purposes of the poll, the identity of the polling organisation and its expertise in polling, the nature of the questions or issues the poll focused on, the geographic coverage an demographic profile of those who were polled, the methodologies used in polling including details of the sample and the margin of error which will contextualise the poll results.

RECOMMENDATIONS

Based on the findings, the MISA team recommends as follows:

• The Independent Electoral Commission (IEC) of Botswana missed an opportunity to work with the media to intensify voter education. This would have averted some of the challenges experienced by voters on election day. For example, a large number of spoilt votes were recorded in a number of constituencies, as well as the time taken for actual casting of the ballot. Thus, The IEC of Botswana should in future elections consult with the media about the processes it intends to follow and arrive at an agreement.
• The Government of Botswana should amend the Botswana Communications Regulatory Act (BOCRA) of 2013 to provide for a three-tier system of broadcasting, in line with the Declaration of Principles on Freedom of Expression of the African Commission for Human and Peoples’ Rights (2002) and the African Charter on Broadcasting (2001). Specifically, article VI of the Declaration emphasizes that state and government controlled broadcasters should be transformed into public service broadcasters, accountable to the public through the legislature rather than the government;
• Through the authority of the (BOCRA) Act, there should be provision for media conduct during election time, specifically the equitable distribution of air time to political parties and candidates during the election campaign period;
• The Government of Botswana has not harnessed the power of community radio to facilitate communication between communities on issues that affect their lives. Botswana is one of the few countries in southern Africa that does not licence community radio station. Thus, MISA recommends that the BOCRA Act of 2013 be amended to provide for a licencing regime for community broadcasting, to facilitate communication between communities and their policy makers, and thus further manifest the right to freedom of expression, which is enshrined in the Constitution of Botswana;
• The Government of Botswana and its citizens would benefit from enacting an access to information law. Access to election-related information is essential to the integrity of electoral processes in the democratic world;
• MISA and other media organisations should be encouraged to set up training programmes for their staff and members and promote the principles of ethical conduct and fair, accurate and balanced coverage of election news and party political manifestos.
• The media should further familiarize themselves with the ethical and professional principles outlined in the Guidelines in Media Coverage of Elections in the SADC Region.

Luckson Chipare

Modise Maphanyane
Chairperson, MISA Trust Funds Board

Chairperson, MISA Governing Council

October 25, 2014
Gaborone, Botswana

ABOUT THE MISSION

The MISA mission was led by the Chairperson of the MISA Trust Funds Board Mr. Luckson Chipare. The deputy mission leader was MISA Regional Governing Council Chairperson Modise Maphanyane. Additional members of the mission were nationals of two other southern African countries, namely Malawi (Anthony Kasunda, Chairperson MISA Malawi) and Zimbabwe (Kumbirai Mafunda, Chairperson MISA Zimbabwe), supported by the MISA Regional Director, Zoé Titus (Namibia). The team was drawn from MISA’s membership and governance structure and collaborated with a regional civil society election observation team comprising the Southern African Development Community – Council of Non-Governmental Organisations (SADC CNGO), Botswana Council of Churches (BCC) and SADC Lawyers Association. Collectively the collaborating organisations formed a Regional Civil Society (CS)-Election Observation Mission (EOM) to contribute to the transparency of the electoral process and thereby to the consolidation and
advance of democracy in Botswana.

ABOUT MISA

The Media Institute of Southern Africa (MISA) is a non-governmental organisation with members in 11 of the Southern Africa Development Community (SADC) countries. Officially launched in September 1992, MISA focuses primarily on the need to promote free, independent and pluralistic media, as envisaged in the 1991 Windhoek Declaration. MISA seeks to play a leading role in creating an environment of media freedom and free expression that promotes independence, pluralism and diversity of views and opinions, media sustainability, competency and professionalism in the southern African region. MISA further aims to create an environment in which civil society beyond the media sector is empowered to claim information and access to it as inalienable rights and in which the resultant freer information flow strengthens democracy by enabling more informed citizen participation.

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