a police permit to protest, but applications
are sometimes rejected. In June, youth
activist Tlamelo Tsurupe was arrested and
held briefly after protesting against youth
unemployment in front of parliament and
refusing to move. He subsequently launched
#UnemploymentMovement. In July, the
movement applied for a permit to protest but
this was rejected. Despite this, on 8 August
the group protested outside parliament. They
were beaten by police and four were arrested
and held overnight at Central Police Station
on charges of “common nuisance”. Two of
the four needed medical assistance. The
police also arrested three journalists covering
the protest and forced them to hand over
video footage of the protest. The police
subsequently granted a permit for a
demonstration, which took place on
13 August.
RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE
Same-sex sexual relationships remained
illegal. In August, a man charged under
Section 164 of the Penal Code with “having
carnal knowledge with another man against
the order of nature” was sentenced to three
and a half years in prison by Gaborone
Magistrates Court. The Botswana Network on
Ethics, Law and HIV/AIDS (BONELA), which
submitted an appeal, argued that Section
164 discriminates on the basis of sexual
orientation and gender identity. The appeal
had not been heard by the end of 2016.
In March, in a landmark case, the
Lesbians, Gays and Bisexuals of Botswana
(LEGABIBO) won its appeal in the High Court
to register as an independent organization.
The LEGABIBO had been denied registration
by the Home Affairs Ministry since 2012.
The High Court ruled that the refusal to
register LEGABIBO violated the applicants’
rights to freedom of expression, association
and assembly.
WOMEN’S RIGHTS
a 16-year-old girl. A case of defilement could
not be brought against him because the
Penal Code defines defilement as a sexual
act with a child aged under 16. No
disciplinary action was known to have been
taken by the councillor’s political party, the
Botswana Democratic Party.
RIGHT TO HEALTH – MINEWORKERS
On 7 October, the government closed without
warning or consultation the BCL and Tati
Nickel mines. The sudden closures
threatened anti-retroviral therapy treatment
and counselling services for mineworkers
living with HIV/AIDS as the government failed
to make alternative health care provisions. It
also left over 4,700 mineworkers uncertain
about their retrenchment benefits.
REFUGEES AND ASYLUM-SEEKERS
The encampment policy, which restricts
refugees to the Dukwe camp 547km from the
capital, Gaborone, continued to limit
refugees’ freedom of movement.
The government announced that it had
revoked the refugee status of Namibians from
31 December 2015, even though Namibians
who had fled conflict in the Caprivi region of
Namibia in 1998 still faced persecution
there. Refugees who returned to Namibia in
late 2015 were convicted of charges ranging
from high treason to illegally exiting Namibia.
Later in January 2016, the Botswana High
Court ruled that Namibian refugees should
not be repatriated until a legal case brought
against the revocation order had been
decided. The High Court judgment was
upheld on appeal in March.
DEATH PENALTY
In May, Patrick Gabaakanye was executed for
a murder committed in 2014. This brought to
49 the total number of people executed since
independence in 1966. Executions were
conducted in secret. Families were given no
notice and were denied access to the
burial site.
Sexual abuse of women and girls was
reported. A councillor of the city of Sebina
was accused of molesting and impregnating
90
Amnesty International Report 2016/17
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