Women politicians fight discrimination
Tsaone Basimanebotlhe | Monday August 1, 2022 06:00
The women came from five major political parties namely the Botswana Democratic Party (BDP), Botswana Congress Party (BCP), Botswana National Front (BNF), Botswana Patriotic Front (BPF) and Alliance for Progressives (AP).
The women politicians believe the constitutional review will help to identify current gaps and or weak provisions which will, in turn, inform proposals for specific provisions for women’s rights.
Briefing the media this week, Emang Basadi executive director, Idah Mokreitane said the review will provide for broad affirmative action and enhance women’s political participation specifically.
She added that the review will make specific reference to bodily integrity and autonomy, and a life free from violence.
“Ensure that there is no contradiction between the Constitution and customary law. Outlaw any remaining discriminatory legal provisions and practices, such as property, inheritance, and land tenure. And in particular, the strengths and weaknesses of the Constitution,” Mokreitane said.
“This submission has the support of political parties and Women’s Rights Organisations. It points out several weaknesses in the current Constitution, as well as opportunities for Botswana to take its rightful place amongst progressive neighbours and nations through strengthened constitutional provisions for gender equality,” she added.
The lobby argues that women’s rights should be explicit. It emphasised that gender equality is central to promoting equality, therefore constitutions and effective implementation play a key role in delivering substantive equality.
On promoting national unity and democracy, another speaker, Daisy Bathusi of the BCP said no country could claim to have attained democracy or national unity when half the population is excluded.
“A well-designed, gender-responsive Constitution would enable women to enjoy full and equal citizenship and participate in political decision-making and public life on equal footing with men. The people of Botswana include women, men, boys and girls. All their voices need to be heard. Women comprise more than half the population. They constitute the largest single interest group in these consultations. Their concerns regarding amendments are thus of primary importance,” Bathusi said.
She said the 2015 Gender and Development Policy outlines priority areas of concern and some of the key challenges are the low representation of women in politics, high incidences of HIV amongst women, poor attainment of Sexual and Reproductive Health and Rights (SRHR) and high incidence of GBV.
Bathusi further pointed out contradictions amongst codified law and customary laws, religious practices, institutional, social and cultural challenges prohibiting access to justice. The political women also called on the review of the definition of ‘discriminatory,’ in section 15(3) of the Constitution to include direct and indirect discrimination; review the definition of ‘discriminatory’ in section 15(3) of the Constitution to include intersectional discrimination.
In addition, the Constitution expands the list of protected attributes in section 15(3) to include gender identity, and sexual orientation, expands section 15 prohibition on discriminatory laws to also apply to policies; eliminates the exceptions in section 15(4),(5), and (7) or reduce to the minimum necessary; add a definition of equality.
They want the Constitution to include a provision on access to justice for people alleging discriminatory laws or policies by establishing an independent national human rights institution with the mandate to resolve complaints, conduct investigations, and enquiries and report to Parliament on discriminatory laws and policies and systemic forms of discrimination.
Women politicians also want a clause which calls for establishing a Parliamentary Committee to scrutinise draft laws for compliance with human rights and discriminatory effects and compliance with international human rights treaties more broadly (Chapter V on the Parliament).