In the document that has been circulated to all the diplomatic missions in Gaborone, BCP notes that over the last few years, the country has experienced a total onslaught on the rule of law and civil liberties. It says that as a political party committed to the promotion of good governance, the BCP is under an obligation to speak out.
Top of the list of transgressions is the intended enactment of the Security and Intelligence Service law. "The BCP notes a number of fundamental flaws with this bill. Firstly, there seems to be a view within government that our political systems are under threat. It is not clear and neither is the public told of the existence of this threat and from whom. Secondly, in terms of the bill, the directorate (of security and intelligence) pays allegiance to the president and not the constitution." The BCP argues that this has the potential to sow seeds of tyranny and constitutional chaos. "Thirdly, searches thereunder are done without search warrants and where necessary using reasonable force," the BCP states adding that in their view, the establishment of the directorate is just a guise to consolidate political power in one hand. The BCP contend that the reasons for establishing the directorate are not legitimate.
The BCP document singles out the country's Immigration Act as a democratic eye-sore. The party states that the deportations of former University of Botswana political science lecturer Professor Kenneth Good and a Nigerian medical doctor, Ocheamonwu Henry has brought into focus the democratic malleability of Sections 11 (6) and 36 of the Immigration Act.
"Can the President declare one a prohibited immigrant without providing reasons and on what basis?"
The BCP contends that the legislation is archaic, oppressive and undemocratic.
The party informs the diplomatic missions of an institutionalised culture of secrecy in Botswana and a government that lacks accountability and transparency.
"The press and civil society cannot readily access information in government. The country, unlike most modern democracies, does not have freedom of information legislation. This is despite persistent demands made by the country's free press lobby. The secretive nature of the state manifests itself in various pieces of legislation that outlaws disclosure of information."
The BCP decries the power that is concentrated on the President which it maintains is not healthy for democracy. The party argues that too much power that is concentrated on the President has begotten contempt and total disregard of other equally important institutions such as Parliament by both the President and his deputy.
"President Festus Mogae, his deputy and the entire cabinet undermine the powers of Parliament, a thing that is against the spirit of separation of powers as well as checks and balances. Recently, the attorney general, who is the chief legal advisor to the executive, released an earth-shattering pronouncement to the effect that, except for Acts of Parliament, motions from the National Assembly are not binding on the executive."
In the same document, the BCP lends weight to the view held by the First People of Kgalagadi that the government has abdicated its responsibility to provide Basarwa who have been allowed to return into the CKGR with basic amenities such as water.
The BCP document highlights what it characterises as government intolerance particularly to those who hold a different view. In this regard, the party cites an incident in which the Minister of Labour and Home Affairs imposed visa restrictions on a group of journalists from countries whose nationals are ordinarily not subjected to such requirements.
"Some of the individuals targeted are certainly those who have taken a critical stance against the government of Botswana on many critical contemporary socio-economic and political issues," the BCP says.
