A Reflection on the Nation in A State of Emergency – The Othered

Lesego Nswahu Nchunga | Tuesday October 19, 2021 06:00

Parliament had to be re-convened to amend the Electoral Act, in order to allow the Independent Electoral Commission (IEC) to update the voters’ role and allow more potential voters to register for the elections. This State of Emergency was described by many Batswana as a scandal caused by the state machinery because it had overlooked such an important aspect of the electoral process and used a SoE to make the amendment to the law.

The 2020 State of Public Emergency was declared on 30 March 2020, in accordance with section 17 of the Botswana Constitution. Botswana registered its first positive COVID-19 cases in March 2020 - all of which had been imported into the country. By the end of April 2020, the numbers had risen to 22 with 1 fatality and 2 local transmissions, the rest being imported. This prompted the Government of Botswana to put in place measures to contain the virus.

President Mokgweetsi Masisi declared both, the beginning of a State of Emergency (SoE) until further notice and a nation-wide lockdown to take effect from the 2 – 30 April 2020. The State of Emergency was extended to six (6) months by a Special Parliamentary Meeting on 9 April 2020 through section 17 of the Constitution which limits to six (6) months, the maximum period for which such a declaration can be approved.

The lockdown in section 5(2) of the Emergency Powers (COVID-19) Regulations 2020 limits freedom of movement (section 14 of the Constitution). Section 31 (3) limits the freedom of expression, which is protected by section 12(1) of the Constitution. This was limited under exceptional circumstances for the protection of ‘... public health’. The limitation on freedom of movement specifically reads, “any person who publishes a statement ... with the intention to deceive ... about any measure take by the Government to address COVID-19, commits an offence and is liable to a fine not more than P100 000 or to imprisonment for not more than 5 years or to both. It is not clear in which law the offence of ‘offensive statement against government’ is contained.”

Much as the SoE was a welcome intervention to the nation to save citizens from the disease, however, there have been mixed reactions from civil society concerning areas of ineffective implementation.

In 2020, following the declaration of the state of emergency, many women and children found themselves locked home with sexual and physical perpetratoors. The rate of gender-based violence increased to unimaginable highs. Women’s shelters across the country had to increase their capacity, to accommodate the women and children who needed to escape the perpetrators they lived with. That gender-based violence is a pandemic in Botswana, is not a secret. It is one which has been ignored for long by the country leadership (politically, this refers both to the ruling party and the opposition), who have made minimal effort to ensure the protection of women and children in the country, from violence and assault against them. It is not surprising that the declaration of SoE did not take this into consideration. This increase in the numbers of violated women then became an emergency within the COVID-19 emergency the country was dealing with.

The second group of people othered by the state of emergency and other COVID-19 response measures in Botswana are the indigenous persons. To begin with, it is important to note that the government of Botswana has, on numerous occasions, indicated that its official position is that all people in Botswana are indigenous. This is despite recommendations from various international treaty bodies to recognize the indigeneity of the San, the Balala, the Nama and their sub-groups. Indigenous peoples in Botswana have, for decades, had their rights violated in various ways. Despite judicial decisions for the protection of socio-economic rights of the first people, violations have continued, taking on different forms. During the SoE an the periods of extreme social distancing, the challenges faced by indigenous peoples multiplied. Indigenous peoples access to general health services has been a major concern, particularly because they are in remote areas and regions of the country.

The limitations on movement aggravated the challenges. Additionally, it is well known that extractives industries have intrusively impacted the lives and livelihoods of the indigenous peoples in Botswana. With all eyes and attention being redirected to the pandemic, consultation with tribes and communities for decision-making on issues affecting their land were invariably limited.

A lack of expertise to holistically work on human rights issues in a pandemic made interventions even more challenging. The assumption that the countries human rights record has been good, also didn’t help. In the next week, we will look at the other marginalized communities, who found themselves adversely impacted by COVID-19 response measures.