Labour’s take on constitutional review

Botswana Federation of Public, Private and Parastatal Sector Unions (BOFEPUSU) and Botswana Federation of Trade Unions (BFTU) want the Bill of Rights to include civil and political rights, as well as economic, social and cultural rights. In their position paper launched last Friday, the two federations also outline the process that should be followed for the constitutional review and areas of the Constitution that need to be amended for a mature and functional democracy. “Additionally, in our view, the new Constitution must include a chapter on national objectives, which sets out a list of obligations, to guide the State in formulating and implementing laws and policy decisions,” reads the paper. According to the federations, these obligations may or may not create corresponding and individually justiciable rights enforceable in a court of law.

The federations are also of the view that the impending new Constitution should impose duties on both the State and private persons, including juristic persons, by making it clear that both the State and every person, including juristic persons, must respect, protect, promote and fulfil the rights and freedoms set out in the Bill of Rights.