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The Botswana Council of NGOs (BOCONGO) has developed a strategy paper that it will use with assistance from the regional secretariat to push Botswana lawmakers to sign the SADC Protocol. The regional secretariat will assist in this process. BOCONGO serves as the Alliance national focal network. The strategy aims to ensure Botswana signs by 2013.
BOCONGO and Gender Links, in its role as the coordinator of the Alliance, developed the strategy at a meeting in late 2011. The meeting established a task team that will lead the lobbying work.
The team has since held two meetings to reflect on progress and implement an action plan.
The strategy’s key components include providing an analysis to support the argument that Botswana is better served by signing the Protocol and striving to meet its targets than by being left behind. Should Mauritius sign the Protocol, which appears increasingly likely, Botswana À“ host of SADC and one of the most enthusiastic supporters of the regional grouping À“ would be the only country that has not signed.
Both Mauritius and Botswana rank among the oldest and best-established democracies in SADC, widely respected in the region and internationally. Both take their regional and international commitments seriously, which may account for the hesitation to commit to the SADC Protocol.
In a speech to the Botswana Democratic Party (BDP) Women’s Wing Congress in 2009 President Ian Khama said:
“I have studied the objectives of the Protocol which are; to provide for the empowerment of women, to eliminate discrimination and achieve gender equality through development and implementation of gender responsive legislation, policies, programmes and projects, to address emerging gender issues and concerns; set realistic, measurable targets, timeframes and indicators for achieving gender equality and equity; to name some of the objectives.
“I must however reassure you, that as Botswana, we do agree with the spirit of the Protocol. Our intention therefore, is to continue to study its provisions, and use our best endeavours to act within that spirit. In this way, I believe, we would be placing ourselves in a position that brings us closer to becoming a party to the Protocol.À
Gender advocates believe empirical data and developments in the gender sector provide a good reason for both countries to reconsider their positions.
Why Botswana has not signed À“ responses to political concerns
Botswana has not signed the SADC Protocol because its leaders have reservations about the Protocol’s mandatory language, committing to timeframes, and spending the immense resources required for fulfilling its targets. Gender advocates argue that by not signing, Botswana tarnishes its record of promoting gender equality. Below are some excerpts from Khama’s speech, which set out his reasons for not signing, as well as responses to these concerns put forward during the 14 March workshop:
REASONS FOR NOT SIGNING: IAN KHAMA |
CIVIL SOCIETY RESPONSES |
Mandatory language: “Botswana was not ready to sign the Protocol basically because of the mandatory language used in crafting most of the clauses that we consider critical. It is my view that, much as the executive has the mandate to sign international instruments, such commitment should be made only when there is absolute certainty that legislative instruments, local policies and national priorities will not be adversely affected by such action.À |
The Protocol’s articles are no longer mandatory. In final negotiations, words like “shallÀ and “mustÀ replaced words like “seekÀ and “endeavour.À |
No room for reservations: “Other international instruments allow member states to sign and register their reservations on clauses that they are uncomfortable with. This option was not available to Botswana since the SADC Treaty does not allow for adoption of any Protocols with reservations. These are our reasons for not signing.À |
As the language is not mandatory, Botswana should have no need for reservations. |
The Executive and the legislature: “In the event that new laws may be required because of our signing, I consider it only proper that I must make the opportunity available to consult Parliament before I bind the nation.À |
This appreciation of democratic process is a mark of good governance. The Protocol is less about implementing new laws and more about implementing existing ones. There is likely to be concordance between the executive and the legislature. |
Timeframes: “We considered some of the timeframes unrealistic, and some of the measures have serious resource implications that we cannot guarantee.À |
By making the effort, Botswana is likely to make more progress than admitting defeat before even trying. Targets lead to momentum and better results. |
Why Botswana should sign?
Botswana is committed to the spirit of the SADC Gender Protocol: The SADC Protocol on Gender and Development encompasses commitments made in all regional, global and continental instruments for achieving gender equality. These include the Millennium Development Goals (MDGs) set for 2015; the Convention for the Elimination of All Forms of Discrimination against Women (CEDAW); Beijing Declaration and Plan of Action; AU Protocol on the African Charter on Human and People’s Rights on the Rights of Women in Africa and the AU Solemn Declaration on Gender Equality in Africa. The Gender Protocol also enhances these instruments by addressing gaps and setting specific timeframes where these do not exist.
In the same speech as above, Khama reminded his audience of Botswana’s commitment to achieving gender equality: “Fellow democrats, as you are aware, Botswana is signatory to a number of regional and international instruments amongst them those on gender equality.
“Let me reiterate that, Botswana identifies with and is committed to the objectives of the SADC Protocol on Gender and Development: our policies and programmes, as well as resources allocated to the sector demonstrate this and will continue to do so. I must however reassure you, that as Botswana, we do agree with the spirit of the Protocol.À
The 2015 timeframe is consistent with the MDGs and Botswana’s Vision 2016: Botswana subscribes to the Millennium Development Goals, including goal number three (MDG3), which calls on all countries to achieve gender equality by 2015. The SADC Gender Protocol is consistent with this but goes a step further by breaking down key issues for consideration in order to meet MDG3. Moreover, most of the Protocol’s key provisions align with the aspirations of Botswana’s Vision 2016, a deadline close enough to that of the SADC Gender Protocol and MDGs. Therefore, this provides room to reconsider this argument.
Botswana has made significant progress against the 28 targets: Overall Botswana is on track to meet many of the Protocol’s 28 targets. The country is sixth out of 15 SADC countries according to the 2012 Southern Africa Gender Protocol Barometer’s SADC Gender and Development Index (SGDI). Most of its ratings are consistent with 2011. The SGDI measures progress against 23 targets for which empirical data is available.
Table 10.1: Botswana and the SGDI
Sector |
SGDI score |
Ranking |
Education and training |
100% |
1 |
Economy, employment and productive resources |
74% |
7 |
HIV and AIDS |
69% |
5 |
Health |
72% |
4 |
Media |
71% |
5 |
Governance |
32% |
11 |
Overall SGDI score |
70% |
6 |
Table 10.1 illustrates that Botswana ranks high in many SGDI categories, with an overall sixth place ranking. Its low score in governance influences its overall position. It places top five in three sectors: HIV and AIDS, health and media.
While Botswana has scored low on overall governance numbers, it has fulfilled many legislative reform requirements and implemented many progressive socio-economic policies. The increasing numbers of women, in both government and the private sector, who hold executive, director and ambassadorial positions, demonstrates this.
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