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Botswana

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As of early 2026, Botswana maintains its reputation as one of Africa’s most stable and enduring democracies. However, a historic shift occurred in late 2024 when the Umbrella for Democratic Change (UDC), led by human rights lawyer Duma Boko, won the general election, ending 58 years of rule by the Botswana Democratic Party (BDP).

This transition has brought both new commitments to reform and a spotlight on long-standing systemic issues:


1. Freedom of Expression and Media Independence


While Botswana generally respects freedom of speech, journalists have raised alarms about a "resurgence of pressure" in early 2026.

  • Political Interference: In early 2026, the Media Institute of Southern Africa (MISA) condemned reports of political interference in public broadcasting, citing cases where journalists were allegedly removed from programs following sensitive coverage of constitutional matters.

  • Restrictive Laws: Media advocates continue to call for the repeal of "alarm and despondency" laws used to target journalists. The Media Practitioners’ Association Act, which requires a formal register for journalists, remains a point of contention as it could be used for state oversight of the press.

  • Surveillance Concerns: There is ongoing anxiety regarding previous attempts to introduce warrantless surveillance legislation, which journalists fear would compromise their sources.


2. Rights of Indigenous Peoples (The San/Basarwa)


The treatment of the indigenous San people (Basarwa) remains a major international concern, as highlighted by a UN Special Rapporteur visit in September 2025.

  • Constitutional Recognition: The San are not currently recognized as indigenous in the Constitution. They frequently feel "voiceless" and marginalized in their own homeland.

  • Land and Subsistence Rights: There is a persistent struggle for land rights in the Central Kalahari Game Reserve (CKGR). While the new government has hinted at lifting bans on subsistence hunting, the San currently have no formal right to hunt for food, which they view as a threat to their cultural survival.

  • "Squatter" Status: Small indigenous communities (under 500 people) are often not "gazetted" as official villages, meaning they are denied essential services like water and clinics and are sometimes pressured to relocate.


3. LGBTQ+ Rights: Progress and Backlash


Botswana is a regional leader in LGBTQ+ legal rights, yet faces a growing "conservative pushback" in 2025–2026.

  • Legal Protections: Since the 2019 decriminalization, courts have affirmed that "sex" in the Constitution includes sexual orientation, protecting against discrimination.

  • Marriage and Social Resistance: In early 2026, the Constitutional Court declined to legalize same-sex marriage, ruling that it was a matter for Parliament. Religious groups have staged significant protests against draft amendments intended to further protect LGBTQ+ rights.

  • Gender Identity: Transgender people can legally change their gender marker without surgery, though they still face social stigma and occasional harassment by law enforcement.


4. The Death Penalty


Botswana remains one of the few countries in Southern Africa that still carries out the death penalty.

  • Retentionist Stance: Despite global trends toward abolition, Botswana continues to sentence individuals to death for murder. As of early 2025, there were reportedly 16 people on death row.

  • Lack of Transparency: International bodies, including the UN Committee Against Torture, have criticized the secrecy surrounding executions and the failure to provide families with prior notice of an execution.


5. Gender-Based Violence (GBV)

  • Rising Rates: Amnesty International reports that GBV cases continued to rise through 2025. While the government has established specialized courts to handle GBV, advocates argue that under-reporting remains high due to social pressure and cultural norms.

  • Economic Inequality: Women continue to be underrepresented in senior political roles, and cultural barriers often limit their access to land and resources in rural areas.

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