Statement On Eritrean Asylum Seekers And Deportation Of Erstwhile Ugandan Refugees

Correspondent | Monday November 23, 2015 13:48

 

The Law Society of Botswana (LSB)has previously taken issue with the Rule of Law credentials of Botswana. Interestingly, even some senior high profile citizens have talked of the erosion of Human Rights and Rule of Law in Botswana.In the last few weeks beginning in October 2015, the Society has noted with concern several issues which again point towards a deteriorating Human Rights and Rule of Law climate. These are:

Ten (10) Eritrean Asylum Seekers

The case of the Eritreans raises the following issues:

Rule of Law

Before due process in terms of the Refugees and Asylum Seekers Act could begin the Minister publicly announced that the Eritreans would not be granted asylum and would in-fact be sent back to their country of origin. The Minister made these remarks despite the fact that in terms of due process, he was the person ultimately due to make a decision following a recommendation of the Refugees Committee, which is properly tasked with considering such application.Clearly, by this action the Minister had rendered himself incapable of being able to impartially and properly consider any recommendation that was to follow. It is therefore unsurprising that the Minister ultimately granted the Eritreans asylum as this was necessary to avoid the attendant difficult position the Government would be faced with if he went ahead and acted as he had publicly declared.That the Government through the same Minister is said to have immediately thereafter requested UNHCR to relocate the now Refugees to a third country is indicative of the resolve of the Minister to do as he had said he would in the first instance.

Whilst all the above does not amount to the Minister and by extension the Government breaking any law, it no doubt does not accord with accepted tenets of the Rule of Law in a democratic dispensation. Some of it may be indicative of an authority paying lip service to discharging its legal obligations or using the law for unintended purposes instead of implementing the letter and spirit of the law, also known as “Rule by Law”.

The Right to Legal Representation

The Constitution of this Republic recognises the right of every person to a fair hearing. A fair hearing includes amongst others the right to legal representation. This Right is enshrined in Conventions of the UN and several other international protocols. It is also recognised by the Courts of the Republic.

Deportation of Ugandan Refugees

Two Ugandan refugees who have been in Botswana as such for some 18 years have recently been deported, presumably back to Uganda, notwithstanding full knowledge of the existence of such Court Order. The said Ugandans are apparently married to Batswana and have minor children with same.As the matter is still before the Courts on Contempt of Court proceedings. The Society is further disturbed that despite a Court Order barring the deportation of the said Ugandans, they were deported by the Government .

This Statement is issued pursuant to Resolution of Council of the Law Society of Botswana dated 30th October 2015.

 

Lawrence M. Lecha

Chairman