| DITSHWANELO press statement on the national security situation |
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 DITSHWANELO press statement on the national security situation 123.91 KbDITSHWANELO press statement on the national security situation DITSHWANELO urgently calls on all stakeholders to act promptly and strategically in current crisis DITSHWANELO -The Botswana Centre for Human Rights wishes to express serious concern about current peace and security issues in Botswana. In his State of the Nation Address on Monday 16 May 2011, Vice President Lieutenant General Merafhe said “I appeal to all of you to assist Government in any way possible to maintain peace and stability in our country.” (Daily News 18 May 2011) In this address, the Vice President “explained Monday’s decision to close all government primary and secondary schools indefinitely” which was announced by the Minister of Education and Skills Development earlier that day. He went further to state that “If this continues, government will have no option but to take whatever action may be necessary to ensure the maintenance of peace and stability.” We have noted with concern, the decision taken by five (5) public service unions for public sector employees to engage in strike action since 18 April 2011, their subsequent decision to extend the strike indefinitely and the impact which the ongoing industrial action is having on the people of Botswana. This strike came about as a result of the demand for a 16% salary increase by public servants employees’ trade unions and a conditional counter offer of 5% by the Government. This offer is conditional upon the outcome of a review ‘of the performance of the economy during the first four months of the financial review of the government budget’ to be done in August 2011 (Daily News 16 May 2011). DITSHWANELO notes the arguments of both sides, premised on the existing economic climate which, according to the Government renders the state unable to bear the financial impact of a 16% salary increase. At the same time, the economic climate leaves civil servants to bear the impact of the increased cost of living. We are extremely disturbed by the reports that several minor students in Ramotswa, Molepolole and Mochudi have been detained by the police. These arrests follow reports of protest action being undertaken by students in response to the absence of teachers in the classrooms. We also note media reports of announcements by private primary and secondary schools to close, due to threats of violence against them from students who attend government educational institutions. Of further concern is the report in the Botswana Gazette dated 18 to 24 May, that “The Minister of Presidential Affairs and Public Administration, Mokgweetsi Masisi, has confirmed to the Gazette that government has dismissed all striking essential service employees for being in contempt of the court order that barred them from joining the public service strike.” The ongoing civil disorder has also already led to reported cases of loss of lives due to the absence of adequate medical staff in the medical facilities. This is highly regrettable. These incidents do not augur well for Botswana’s stability and continued peaceful and democratic development. DITSHWANELO calls for urgent action using a people-centred approach so that this situation is satisfactorily resolved. In the present climate, such action needs to be strategic and take into consideration the roles of the duty bearers, the legal and human rights of all groups, including civil servants, students and clients seeking to access government services, as well as the responsibilities of the various groups. The duties of the state towards its people must be given paramount consideration in resolving this issue. This means that the government, as an employer and duty bearer, must review the economic and legal situation, but also the role of the state in maintaining law and order. State agents, such as the police, must approach resolving the situation in accordance with the provisions of the Children’s Act, 2009. In accordance with this law, before any legal action can be taken against a child for a criminal offence, a report has to be made to a police officer. This is then followed by an investigation by the police officer. The investigation includes a report prepared by a social worker about the background of the child. This report is to include information about the home environment, school records and medical history (if any) of the child. The social worker is also expected to make a recommendation about the best way of dealing with the child. The police officer is then to submit the entire report to the Director of Public Prosecutions (DPP) who then makes the necessary decision about prosecution. In dealing with the present situation, it must be remembered that the age of criminal responsibility begins at 14 years and the rights and well-being of vulnerable groups, such as students, must be considered and decisions must be taken in the “best interest” of the child. This includes urgently considering the release of juveniles who have been arrested for being caught up in the emotive context. The arrests are due to reports of students rioting, clashing with the police and causing damage to school property. These actions have come about, not only following the strike action, but also delays and irregularities in examination processes in 2010 and delays in obtaining examination results and higher school places in 2011. In the circumstances, the juveniles in detention might actually be positively considered under section 42 of the Children’s Act as children in need of protection rather than as criminals. DITSHWANELO strongly urges students who are expressing their concerns about the current situation, to do so with dignity, respect and botho. Wanton acts of violence, disorder and intimidation serve only to undermine the integrity of the civil servants’ strike. To allow anger and frustration to be the main drivers and determinants of strategy and action, risk the indefinite continuation of the national crisis, further loss of lives and serious disruption of and long-term consequences on the education of the youth, our future leaders. This phase of our history should be known for its strengthening of democratic engagement between the government and citizens. It should be marked, not by the destruction of those values which are essential to our identity as Batswana, but by respectful, mutual listening and action in genuine good faith, all based on botho. The trade union leaders have a potentially important role to play in advising the students to behave responsibly. The trade unions, as duty-bearers towards their membership, should also take full cognisance of the legal framework for industrial action and the overall economic vulnerability of their members. His Excellency, President Seretse Khama Ian Khama has a crucial role to play in the resolution of this crisis, by meeting directly with the union leadership. Direct engagement is necessary to ensure mutual respect, listening, and appreciation. Common understanding provides the potential for a sustainable agreement to be reached. DITSHWANELO urgently calls upon the trade unions and the government to engage in mutually respectful consultative negotiations in good faith, to resolve this issue amicably and to ensure that the future of the nation, as well as its peace and security are not fundamentally compromised. Gaborone 20 May 2011 Bookmark this article:          |
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