Botswana's Intrusive intelligence condemned
Innocent Selatlhwa | Monday November 22, 2021 06:00
A day after Dow's shocking presentation, the Centre for Civil and Political Rights (CCPR Centre) Committee on Human Rights, echoed her sentiments. The Committee considered Botswana's second periodic report after presentations led by Presidential Affairs, Governance and Public Administration Minister Kabo Morwaeng. During her response to the State of the Nation Address (SONA) delivered by President Mokgweetsi Masisi last week, Dow requested legislators to speak with one voice and called for a Commission of Inquiry on the DIS to find out if it is still operating within its founding Act or not.
She said the public has always viewed the DIS as a monster; they feared it and that became a self-fulfilling prophecy. “We have allowed the DIS to operate outside the law. Absolutely no one, not even a Judge of the High Court, has the power or should have the power to a direct hiring or firing of anyone outside legally laid down procedures; direct the blacklisting or inclusion of anyone or company outside legally laid down procedures; listen to private conversations outside legally laid out procedures.
Arrest, detain, search and generally interfere with personal liberties, outside legally laid down procedures; procure property with government funds or otherwise use government resources without reference to relevant laws and procedures,” she said. Dow’s words were well received especially by those in the opposition stating that they long complained about the powers possessed by the DIS.
Dow’s sentiments were further echoed with the CCPR calling for stern action. ”The Committee is concerned about reports of an increased monitoring of online activities and the intrusive use of intelligence methods by State security and intelligence agencies, including as part of COVID-19 state-of-emergency measures, and about the lack of oversight mechanisms and sufficient safeguards against arbitrary interference with the right to privacy in relation to surveillance and interception activities by State authorities,” reads the report.
The committee has since called on Botswana to ensure that all types of surveillance activities and interference with privacy, including online surveillance, interception of communications, access to communications data and retrieval of data, are governed by appropriate legislation that conforms with the Covenant, in particular article 17, including with the principles of legality, proportionality and necessity. “Surveillance and interception are conducted subject to judicial authorisation and to effective and independent oversight mechanisms, and that the persons affected have proper access to effective remedies in cases of abuse,” the committee wrote.
In their submission, government had stated that any increase in crime or change in crime patterns would require putting measures in place to curb crime. “Such measures could include increased police visibility, deployment of other law enforcement officers and the use of electronic surveillance equipment. Botswana has put in place a legal framework on the use of electronic surveillance.” In line with the committee’s predictable review cycle, government will receive in 2027 the committee’s list of issues prior to the submission of the report and will be expected to submit within one year its replies to the list of issues, which will constitute its third periodic report.
The committee also requested government, in preparing the report, to broadly consult civil society and non-governmental organisations operating in the country. The next constructive dialogue with the State party will take place in 2029 in Geneva.