Botswana

Botswana

Right	Section	Contents
Freedom of Association	History	According to Article 13 of the 1966 Botswana Constitution: "(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; (b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; (c) that imposes restrictions upon public officers, employees of local government bodies, or teachers; or (d) for the registration of trade unions and associations of trade unions in a register established by or under any law, and for imposing reasonable conditions relating to the requirements for entry on such a register (including conditions as to the minimum number of persons necessary to constitute a trade union qualified for registration, or of members necessary to constitute an association of trade unions qualified for registration) and conditions whereby registration may be refused on the grounds that any other trade union already registered, or association of trade unions already registered, as the case may be, is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which registration of a trade union or association of trade unions is sought, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society." References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana
Freedom of Expression	History	According to Article 12 of the 1966 Botswana Constitution: "(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his or her correspondence. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or (b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or (c) that imposes restrictions upon public officers, employees of local government bodies, or teachers, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society." References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana
Freedom of Religion	History	According to Article 11 of the 1966 Botswana Constitution: "(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance. (2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides. (3) Except with his or her own consent (or, if he or she is a minor, the consent of his or her guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his or her own. (4) No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief. (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required— (a) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society." References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana
Freedom of the Press	History	While press freedom was not explicitly protected in the 1966 Constitution of Botswana, it is reasonable to infer that the broadly drawn protections of freedom of expression encompass freedom of the press as well. The guarantee refers to the protection of communication generally, "whether the communication be to the public generally or to any person or class of persons." The exceptions that it offers are also suggestive of application to the press, in its reference to the potential for the coexistence of freedom of expression with law "that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television: " References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana
Privacy Rights	History	The 1966 constitution of Botswana includes privacy protections of the home in Article 3(c) and Article 9. Article 12, in protecting freedom of expression, also protects correspondence. References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana
Voting Rights and Suffrage	History	Article 67 of the 1966 Constitution of Botswana described the right to vote, which was granted to citizens of at least 21 years of age meeting residency requirements. An amendment in 1997 lowered the minimum age of voters to 18 years old. References: English text of the Constitution of 1966 as amended to Act No. 1 of 1983 [52] (2016) Chapter V: Parliament https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbw0006&id=52&men_tab=srchresults The Constitution {Amendment) Act, 1997: https://botswanalaws.com/StatutesActpdf/CONSTITUTION%20(AMENDMENT)%20ACT,%2018%20OF%201997.pdf