Legal framework on freedom of religion and actual application
The Constitution of the Republic of Botswana[1] of 1966, amended in 1994 and 1997, guarantees “freedom of conscience,” which includes “freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice, and observance” (Article 11, 1).
Article 11, 2 states: “Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.”
The constitution also declares (Article 11, 3) that, “Except with his or her own consent (or, if he or she is a minor, the consent of his or her guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his or her own.”
Religious groups must register with the Registrar of Societies at the Ministry of Labour and Home Affairs.[2] Registration brings certain legal benefits, since unregistered religious groups cannot sign contracts, conduct business, or open bank accounts. The membership threshold for new religious groups is 150.[3]
In June 2022, Parliament passed the Media Practitioners’ Association Act, which replaced the Media Practitioners Act of 2008. The act requires all journalists to register with the government. Most of the media outlets in Botswana are state-run, and opposition parties accuse state media of favouring the ruling party.[4]
While Botswana officially recognises only Christian holidays, members of other religious communities are equally allowed to observe their festivals without government interference.[5]
Incidents and developments
During the period covered by this report, there were only a few incidents of involving acts of intolerance, discrimination, or persecution against or between religious groups.
In 2016, the government presented a strategic plan, Vision 2036,[6] to turn Botswana into a high-income country by encouraging religious groups to play a crucial role in the nation's development. The plan, which continues to be implemented, declared: “In Botswana, religious organisations have been instrumental in the building of the country and will continue to do so in the future. They continue to provide services such as medical treatment, leadership, orphan care, and education, to name but a few.”[[7]
The plan further indicated that religious groups would play a bigger role in upholding society’s values and advising the authorities, stating: “Botswana’s religious institutions, in partnership with the government, will play an increased role in safeguarding morality, promoting tolerance, and assuring progressive governance.”[8]
In July 2023, the National Assembly debated a constitutional amendment bill introduced by Kabo Morwaegn, the Minister for State President the aim of which was to enshrine LGBTQ+ rights in the constitution. The proposal generated significant opposition from among the country’s Evangelical Christians. The Chairman of the Evangelical Fellowship of Botswana, Pulafela Siele, called on legislators to reject the bill, stating that it would “open the floodgates of immorality” in the country.[9] The following year, Abraham Kedisang of the Apostolic Faith Mission in Botswana said that amending the constitution to include LGBTQ+ rights “could pose a threat to Christianity, democracy, and the republic as a whole”.[10]
In August 2023, Parliament deferred the debate of a bill to legalise same-sex relations, a month after the Evangelical Fellowship of Botswana (EFB) rallied against the proposed legislation. The bill followed a 2019 High Court ruling decriminalising same-sex relations. The Court of Appeal upheld the ruling in 2021 and in 2022 President Masisi promised to respect it.[11]
Prospects for freedom of religion
Generally, government recognition of the right to religious freedom and the positive role of religious organisations in the country remains strong. This is bolstered by good interfaith dialogue, particularly in addressing issues of common concern, and as such the prospects for freedom of religion in Botswana remain positive.
Sources
Botswana