The UPR NGO Working Group is concerned by the continued arrest of persons by the Directorate on Intelligence and Security Services (DISS), without adherence to the due process of law.

The UPR NGO Working Group, comprises of the Botswana Council of Non-Governmental Organisations (BOCONGO), DITSHWANELO – The Botswana Centre for Human Rights, Letloa Trust, Lesbians, Gays and Bisexuals of Botswana (LeGaBiBo), Media Institute of Southern Africa (MISA) Botswana, Botswana Sector of Educators Union and the Rainbow Identity Association (RIA).

The Group stated that the latest incident, in which an editor and senior reporter, Ryder Gabathuse and Innocent Selatlhwa respectively, were detained, has sent shock waves within human rights circles. “We note that the DISS has reportedly since said their actions are regrettable, according to a joint statement by MISA Botswana and Editors Forum (22 July 2023). We however call for public commitment from DISS and other law enforcement officers that they will act in accordance with the rule of law and respect the human rights of all persons, regardless of their perception of the innocence or guilt of those they may arrest,” said the UPR Working Group this week, adding that Freedom of

Expression and by extension, freedom of the media, are guaranteed by Article 19 of the Universal Declaration of Human Rights (1948) and by section 12 of our Constitution of Botswana. It stated that it would be remiss if as the Group they were to tolerate the country plummeting to join states which do not respect human rights and the rule of law.

Harassment of journalists is said to have a chilling effect on the society because it shows that anyone could become the next victim of harassment by the security agencies. The nation has been called on to jealously guard its civil rights

and freedoms because if left unchecked, impunity will reign and no one will be immune from victimisation and violation of their civil and political rights.

“As Lutheran pastor, Martin Niemoller (1892-1984) suggested, if you do not speak up for others when their rights are being violated, when your turn comes, there will be nobody left to speak up for you. The UPR NGO Working Group, together with other human rights defenders, condemns the recent arrests and calls upon those responsible to be held accountable. The government and the DISS must also assure us that this will never happen again.”

The Working Group indicated that as a member of both the African Union and United Nations (UN) community of states, through regular reporting to African Commission on Human and Peoples Rights and to the UN mechanisms, it is important to remember that violations of human rights and disregard of the rule of law will be noted. This includes through the Universal Periodic Review process of the UN Human Rights Council.

"This does not speak well of the image of our country." The Working Group called for law enforcement officers to ensure that they conduct their work with due diligence to avoid the violation of human rights of all persons, regardless of their socio-economic and political status. It reiterated the right to equal protection before the law and the right to dignity of all persons.

“We urge the government to continue to uphold the principles of human rights in our constitution, and in the regional and international human rights instruments to which we have committed ourselves, by ensuring that the DISS does not violate human rights. We call for us all to remember our core value of botho. It should be the measure against which we plan and judge our actions – both government and citizens,” called out the Working Group.