Opinion & Analysis

Arrest of activists against sexual abuse of children

 

The allegations that surfaced via social media revealed an alleged conversation between the alleged perpetrator, a councillor for the village and the Member of Parliament for the constituency contemplating ways of avoiding possible fallout from the issue. During the conversation the two people talk about the fact that the matter will blow away as Batswana forget quickly/easily; hence the slogan.

Faced with these revelations, the public at large has been highly charged in recognition of the need for action against those responsible in this particular case and against this malaise in general. The #ishallnotforget, a movement mostly comprising women has taken a leading role in activism to make the public aware of this problem and to advocate for action. In their activities, at no time did this movement suggest, encourage or get involved in any action which is unlawful or disruptive. Their modus has mostly been about visibility. In this regard they would hold up at every opportunity A4 or A3 size placards with the words “# ishallnotforget”.

As part of their advocacy drive, the activists on Saturday stood at various traffic light intersections holding up their traditional placards. They stood in small groups ranging from two to five. They stood on the pavement at these traffic lights and did not disturb the traffic in any way. They stood at these points as in the same manner as we see daily people selling or advertising merchandise do. The Botswana Police however descended on them. Some were arrested at the scene and loaded into police vans whilst some were directed to provide their phone numbers and were later called and directed to report at various police stations. They were later all transferred to Broadhurst Police Station.

After an anxiety filled three or so hours, the activists were released without charge and this only after the intervention of Attorney Duma Boko. At no stage did the police indicate the nature of the offence they may have committed. It would seem their main preoccupation was to know the identity of the leaders of the movement.

On a related matter, the movement was denied permission to conduct a peaceful march on Saturday May 14, 2016 following its application lodged with the police on May 7. In a letter received yesterday on the eve of the march, the police, amongst other reasons they gave, stated that their statistics did not indicate that there was any increase in sexual abuse of children. In so saying, the police seemed to suggest that the issue on which the activists sought to march was insignificant and did not warrant the disruption that would arise out of a march.

This is indeed mindboggling and embarrassing for various reasons. Firstly, the police are not required by law to determine the importance or validity of the issues upon which members of the public seek to march or congregate. Members of the public have a right to freedom of expression and assembly enshrined in the supreme law of Botswana, the Constitution. The role of the police is to ensure that in enjoying their right, the marchers do not break the law in relation to public order and safety.

 On another level, it is unfathomable that the police being parents, brothers and sisters, uncles and aunts of children who are potential objects of this abuse, do not see the sexual abuse of a girl child as a serious enough matter to warrant advocacy.

This response by the police even flew in the face of their Minister and those of Education and Health who have this week said sexual abuse of the girl child was a scourge in Botswana and needed the whole public to step up to the plate. It further contradicted the position of the ruling party, the Botswana Democratic Party ,which has stated through its Secretary General, his Deputy and the Chairperson of the Women’s Wing, that there is reason to be concerned and backed this up with frightening statistics. They all stated that more than 400 schoolgirls fell pregnant last year alone and 16 of these were primary school children. The position that the issue at hand may be insignificant is also contradicted by the position taken by an international body with unquestionable credentials on children, UNICEF. UNICEF has today also issued a statement on the matter.

Both the decision to deny permission to march and the arrests are undoubtedly irrational. The Law Society therefore urges the Minister responsible to take stern action against the Botswana Police for these embarrassing decisions that simply put on the spotlight the credibility of the police, more-so following the views expressed in the leaked Facebook communication. This would be a good first step to assuring the public that indeed the Executive is concerned about the scourge of sexual abuse of children as they have recently publicly proclaimed.

The Law Society of Botswana again offers its unqualified support to all lawful initiatives that are intended to achieve the objectives of the #ishallnotforget movement and all others of like mind.

Issued pursuant to a Resolution of the Council of the Law Society of Botswana.