Botswana

With an estimated population of 2.3 million, the Republic of Botswana is a landlocked country in southern Africa.[ref]https://data.worldbank.org/indicator/SP.POP.TOTL?locations=BW[/ref] Formerly the British protectorate of Bechuanaland, the country became the Republic of Botswana after independence in 1966 and remains a member of the Commonwealth of Nations. It has a reputation as a stable representative democracy, following consecutive uninterrupted democratic elections.

As of 2011, an estimated 79% of the population are Christian, with the non-religious representing the second largest belief group (15%). An estimated 4% practise Badimo[ref]https://www.encyclopedia.com/environment/encyclopedias-almanacs-transcripts-and-maps/tswana-religion[/ref] – a spiritual tradition. Small communities of Baha’i, Hindus, Muslims, Rastafarians account for approximately 1.4% of the population.[ref]https://www.cia.gov/library/publications/the-world-factbook/geos/print_bc.html[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Mostly Satisfactory

Constitution and government

The freedom of religion and belief is enshrined under Article 11 of the Constitution,[ref]https://urbanlex.unhabitat.org/sites/default/files/urbanlex//constitution_of_botswana_1966.pdf[/ref] entitled “protection of freedom of conscience”. It permits citizens the “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.” However, there are widespread state privileges for Christianity and routine bias against the non-religious. Government meetings often begin with a Christian prayer, although members of parliament from non-Christian groups are reported to have led prayers also.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/botswana/[/ref]

The Christian holy days are the only recognised holidays in the nation, particularly Easter and Christmas Day. However, other communities are able to celebrate their respective religious holidays without state interruption.

By law, all organizations, including religious groups, must register with the government. Registration through the Registrar of Societies section of the Ministry of Nationality, Immigration, and Gender Affairs allows groups to to conduct business, sign contracts, or open an account at a local bank. In order to register, new religious groups must have a minimum of 150 members. The government has expressed concerns about unregulated churches coming into the country in what it sees as taking advantage of local citizens.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/botswana/[/ref]

Education and children’s rights

Article 10(3) states that:

“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.”

Optional religious education is part of the curriculum in public schools. This public education emphasizes Christianity but also addresses other religious groups in the country, while excluding humanists and other non-theists. Additionally, the Constitution provides that every religious community may establish places for religious instruction at the community’s expense.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/botswana/[/ref]

Family, Community, Society

Atheists may still face significant social pressure to profess a religion and as such, their precise number may be underestimated.[ref]modernghana.com/news/653351/atheism-in-botswana.html[/ref]

LGBTQ+ rights

On 11 June 2019, the High Court[ref]https://www.gov.bw/legal/hierarchy-courts#:~:text=The%20Court%20of%20appeal%20is,arbiter%20of%20all%20legal%20matters.[/ref] ruled that colonial-era laws criminalizing consensual same-sex relations were unconstitutional.[ref]https://www.hrw.org/news/2019/06/11/botswana-high-court-strikes-down-sodomy-laws[/ref] The ruling is currently the subject of an appeal to the Court of Appeal – the nation’s highest court.[ref]https://www.gaycitynews.com/botswana-appeals-sodomy-repeal/[/ref]

Freedom of expression, advocacy of humanist values

The Constitution protects freedom of expression and freedom of association. However, freedom of expression is said to be restricted in practice, prompting self-censorship among members of the public. Insulting the president, a lawmaker, or public official is punishable by a fine.[ref]https://freedomhouse.org/country/botswana/freedom-world/2020[/ref]

According to Freedom House, “[a]lthough academic freedom is generally respected, professors often practice self-censorship when addressing sensitive topics. In the past, foreign academics have been deported for publishing work that was critical of the government, contributing to cautiousness among many scholars.”[ref]https://freedomhouse.org/country/botswana/freedom-world/2020[/ref]

Media freedom

Press freedom is reported to have improved following the election of President Mokgweetsi Masisi, however, some journalists have continued to report harassment. Further, the absence of an access to information law hampers journalists’ ability to report.[ref]https://rsf.org/en/botswana[/ref]

Under the 2008 Media Practitioners Act (MPA)[ref]https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/81615/94917/F1542627699/BWA81615.pdf[/ref] all media workers and outlets – including websites and blogs – are required to register. Failure to do so can result in a fine or prison term.

State-owned media outlets, which dominate the broadcasting sector, are directly supervised by the president’s office, and typically exhibit pro-government bias. Privately-owned media outlets rely on advertising revenue, for which there is a government ban in place.[ref]https://freedomhouse.org/country/botswana/freedom-world/2020[/ref]

Following the outbreak of COVID-19, several media outlets have ceased the physical production and distribution of their newspapers, instead turning to online editions.[ref]https://ifex.org/covid-19-accelerates-media-sustainability-crisis-in-southern-africa/[/ref]

Testimonials

“My family didn’t approve of my atheism, but they still loved me and never treated me any different from before I came out. My friends reacted in different ways. I lost two of my childhood friends; some of them stopped communicating with me. But with the rest, we still keep in touch; we still remain friends. I have never been ill-treated because of my atheism. Well maybe I don’t know… A while ago, people weren’t open about their atheism, but nowadays people are coming out. Others are still not sure of how they would be viewed by their parents and maybe they don’t want things to change. People don’t want to lose their friends, or to lose their jobs or be sabotaged because of their atheism, and since there is this narrative in christianity known as Satanism. Atheists fear they might be associated with being evil or bad and not having morals etc…”
– Jerry, interviewed by Leo Igwe
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