# Botswana - United States Department of State

- Botswana HomeReportsBureau of Democracy, Human Rights, and Labor2023 Country Reports on Human Rights Practices&#8230;Botswana				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Country Reports on Human Rights Practices: Botswana																																					Bureau of Democracy, Human Rights, and Labor																																																																																							Download Report																																																							Translations																																																																 In this section										/																							EXECUTIVE SUMMARY																																													EXECUTIVE SUMMARY																															Section 1. Respect for the Integrity of the Person																																																									a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings																																																																											b. Disappearance																																																																											c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses																																																																			Prison and Detention Center Conditions																																																																																																																		d. Arbitrary Arrest or Detention																																																																			Arrest Procedures and Treatment of Detainees																																																																																																																		e. Denial of Fair Public Trial																																																																			Trial Procedures																																																								Political Prisoners and Detainees																																																																																																																		f. Transnational Repression																																																																											g. Property Seizure and Restitution																																																																											h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence																																																																																	Section 2. Respect for Civil Liberties																																																									a. Freedom of Expression, Including for Members of the Press and Other Media																																																																			Internet Freedom																																																																																																																		b. Freedoms of Peaceful Assembly and Association																																																																			Freedom of Peaceful Assembly																																																																																																																		c. Freedom of Religion																																																																											d. Freedom of Movement and the Right to Leave the Country																																																																											e. Protection of Refugees																																																																																	Section 3. Freedom to Participate in the Political Process																																																									Elections and Political Participation																																																																																	Section 4. Corruption in Government																															Section 5. Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights																															Section 6. Discrimination and Societal Abuses																																																									Women																																																																											Systemic Racial or Ethnic Violence and Discrimination																																																																											Indigenous Peoples																																																																											Children																																																																											Antisemitism																																																																											Trafficking in Persons																																																																											Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics																																																																											Persons with Disabilities																																																																																	Section 7. Worker Rights																																																									a. Freedom of Association and the Right to Collective Bargaining																																																																											b. Prohibition of Forced or Compulsory Labor																																																																											c. Prohibition of Child Labor and Minimum Age for Employment																																																																											d. Discrimination (see section 6)																																																																											e. Acceptable Conditions of Work																																																																																																							EXECUTIVE SUMMARY				There were no significant changes in the human rights situation in Botswana during the year.Significant human rights issues included credible reports of arbitrary or unlawful interference with privacy; serious restrictions on freedom of expression and media freedom, including an unjustified detention of journalists; serious government corruption; extensive gender-based violence, including sexual violence; and trafficking in persons, including forced labor.The government took steps to identify and punish officials who may have committed human rights abuses.																														Section 1.													 Respect for the Integrity of the Person												    																																																a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings										There were no reports the government or its agents committed arbitrary or unlawful killings, including extrajudicial killings, during the year.																																				b. Disappearance										There were no reports of disappearances by or on behalf of government authorities.																																				c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses										The constitution and law prohibited such practices, and there were no credible reports government officials employed them.  Some laws prescribed corporal punishment for convicted offenders in both criminal and customary courts.  Human rights groups viewed these provisions as cruel and degrading; the Court of Appeals ruled these provisions did not violate the constitution’s provisions on torture or inhuman treatment.																Prison and Detention Center Conditions						There were no significant reports regarding prison or detention center conditions that raised human rights concerns.Administration:  Authorities investigated credible allegations of inhuman conditions brought against prison officials.Independent Monitoring:  The government generally allowed international and local nongovernmental organizations (NGOs) to meet with prisoners, and it permitted independent human rights observers to visit prisons.  The International Committee of the Red Cross visited prisons.																										d. Arbitrary Arrest or Detention										The constitution and law prohibited arbitrary arrest and detention and provided for the right of any person to challenge their detention in court.  While the government generally observed these prohibitions, compliance was not universal.																Arrest Procedures and Treatment of Detainees						The law also required authorities to inform suspects of their rights upon arrest, including the right to remain silent, and required authorities to file charges before a magistrate within 48 hours.Upon arrest, the law required police to produce an arrest warrant issued by a duly authorized magistrate upon the presentation of compelling evidence, except in certain cases, such as when an officer witnessed a crime being committed or discovered a suspect was in possession of a controlled substance.  Directorate of Intelligence and Security Services (DISS) personnel were empowered to enter premises and make arrests without warrants if the agency suspected a person had committed or was about to commit a crime (see also section 2.a.).Those arrested or detained had the right to an attorney during the first 48 hours after arrest and the right to arraignment before a magistrate.  A magistrate could order a suspect held for 14 days through a writ of detention that could be further renewed every 14 days.The law provided for a prompt judicial determination of the legality of a person’s detention.  Heavy court caseloads occasionally delayed this determination.The country had a functioning bail system, and detention without bail was unusual except in murder cases, where it was mandatory.  Detainees had the right to contact a family member and hire attorneys of their choice, but most could not afford legal counsel.Arbitrary Arrest:  The constitution and law prohibited arbitrary arrest and detention and provided for the right of any person to challenge their detention in court.  Overall, authorities generally respected these rights and legal requirements, although some complaints of violated rights arose related to DISS’s exercise of its arrest powers.  (See section 2.a., Violence and Harassment.)																										e. Denial of Fair Public Trial										The constitution and law provided for an independent judiciary, and the government generally respected judicial independence and impartiality, but there were a few reports of executive overreach in a few high-profile cases.  A tribal chief claimed that the presidency warned her that it would intervene in a case involving a dispute between the Balete tribe and the government.  The government, however, lost the case.																Trial Procedures						The constitution and law provided for the right to a fair and public trial, and an independent judiciary generally enforced this right.  Trials in civilian courts were public, although trials under the National Security Act could be held in secret.  Defendants had the right to be present and to consult with an attorney in a timely manner.  In capital cases, the government provided legal counsel or private attorneys to work pro bono for indigent clients.  Courts tried those charged with noncapital crimes without legal representation if the defendant could not afford an attorney.  As a result, many defendants were not aware of their procedural rights in pretrial or trial proceedings.  Some NGOs provided free but limited legal assistance.A customary or traditional court system existed in addition to the formal court system.  According to traditional practice, a tribal chief presided over most small villages.  While customary (traditional) courts enjoyed widespread citizen support and respect, they often did not afford the same due process protections as the formal court system.  Defendants did not have legal counsel, and there were no standardized rules of evidence.  The quality of decisions reached in the customary courts varied considerably, and defendants often lacked a presumption of innocence.  Tribal judges applied corporal punishment, such as lashings on the buttocks, more often than did formal courts.A separate military court system did not try civilians.  Military courts had separate procedures from civilian courts.  Defendants in military courts could have their cases transferred to the civilian judicial system.						Political Prisoners and Detainees						There were no reports of political prisoners or detainees.																										f. Transnational Repression										Not applicable.																																				g. Property Seizure and Restitution										Not applicable.																																				h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence										The constitution and law prohibited interference with privacy, family, home, or correspondence, but there were reports that DISS had developed capabilities for online surveillance.A law enacted in February 2022 gave security forces broad wiretapping powers and the ability to carry out unchecked undercover law enforcement operations.  It faced widespread condemnation from civil society as an encroachment on civil liberties.  The law was amended later in 2022 to remove warrantless wiretaps and instead established an oversight committee for surveillance.																																					Section 2.													 Respect for Civil Liberties												    																																																a. Freedom of Expression, Including for Members of the Press and Other Media										The constitution and law provided for freedom of expression, including for the press and other media.  With some exceptions, the government generally respected the rights of freedom of speech and press.Freedom of Expression:  The law restricted the speech of some government officials and set fines for persons found guilty of insulting public officials or national symbols.  The law stated, “Any person in a public place or at a public gathering (who) uses abusive, obscene, or insulting language in relation to the President, any other member of the National Assembly, or any public officer” was guilty of an offense and could receive a substantial monetary fine.  The law also stated that any person who insulted the country’s coat of arms, flag, presidential standard, or national anthem was guilty of an offense and could receive a substantial monetary fine under the sedition clause.  The Constitutional Court had not considered the constitutionality of the sedition clause.Violence and Harassment:  In July, DISS detained two journalists from the newspaper Mmegi, editor Ryder Gabathuse and senior reporter Innocent Selatlhwa, and held them for some hours without warrant or charges.  They were later released without any charges, but authorities confiscated their cell phones, tablet, and laptop computers.Censorship or Content Restrictions for Members of the Press and Other Media, Including Online Media:  Some members of civil society organizations stated the government occasionally censored news stories it deemed undesirable in government-run media.  Government and private journalists sometimes practiced self-censorship.Libel/Slander Laws:  There were no arrests or convictions under these laws (see the above subsection on Freedom of Expression) during the year.  The law criminalized insults to religion, as well as comments or writings intended to wound others’ religious feelings.  There were no reports of prosecutions or convictions under these religious provisions during the year.																Internet Freedom						The government did not restrict or disrupt access to the internet or censor online content.																										b. Freedoms of Peaceful Assembly and Association										The constitution and law provided for the freedoms of assembly and association, and the government generally respected these rights, although there were restrictions on the ability of labor unions to organize and strike (see section 7.a.).																Freedom of Peaceful Assembly						In April, students at the Botswana University of Agriculture and Natural Resources were beaten by police for refusing to vacate the university premises after the school was closed following a strike.  The students engaged in a peaceful strike after complaining about late payment of subvention funds by the university, dilapidated hostels, and unaccredited courses.																										c. Freedom of Religion										See the Department of State’s International Religious Freedom Report at  https://www.state.gov/religiousfreedomreport/.																																				d. Freedom of Movement and the Right to Leave the Country										The law provided for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.																																				e. Protection of Refugees										The government generally cooperated with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, or asylum seekers, as well as other persons of concern.Access to Asylum:  The law provided for the granting of asylum or refugee status, and the government established a system for providing protection to refugees.  The system for granting refugee status was accessible but slow.  The government generally provided protection against the expulsion or return of persons to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion.The government held asylum seekers in the Francistown Centre for Illegal Immigrants (FCII) detention facility until the Refugee Advisory Committee, a governmental body, made a refugee status determination.  The committee met quarterly.  UNHCR representatives participated in advisory committee meetings as observers and technical advisors.Freedom of Movement:  As a general policy, the government required all registered refugees to reside in the Dukwi Refugee Camp under a strict encampment policy.  The government could issue a residence permit to remain outside the camp in exceptional cases, such as for refugees enrolled at a university, in need of specialized medical care, or with unique skills.  It was difficult for representatives of the diplomatic community to gain access to the camp.Employment:  In August 2022, UNHCR reported that most of the country’s 841 registered refugees were living in the Dukwi Refugee Camp and did not have the right to work outside the camp.Access to Basic Services:  Refugees at the Dukwi Refugee Camp had access to education and basic health care services that were not equal to services provided to citizens.  UNHCR facilitated refugee and asylum seekers’ exit permit applications for medical referrals, as necessary.  Officials typically granted exit permits for three days; refugees found outside the camp without a permit were subject to arrest.The government considered the FCII to be a less than ideal transit center for asylum seekers; however, the government did not establish a protocol to prevent new arrivals from spending long periods in FCII while their cases were processed.  International refugee groups reported that an average of 50 to 60 persons were held in the FCII at any given time while awaiting refugee processing.  International observers stated there was no access to education for asylum seeker children in the FCII.  The center hosted a clinic, and a specialized nurse provided basic health care, while critical cases were referred to the Francistown city public hospital.Temporary Protection:  The government provided temporary protection at the Dukwi Refugee Camp to approximately 68 individuals of concern while 152 remained at the camp whose applications were rejected by the government.  Both groups were open to UNHCR’s review to determine if they qualified for UNHCR mandate protection status.																																					Section 3.													 Freedom to Participate in the Political Process												    																						The law provided citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.																										Elections and Political Participation										Abuses or Irregularities in Recent Elections:  National elections were widely reported to be fair and free of abuses and irregularities.Participation of Women and Members of Marginalized or Vulnerable Groups:  Observers suggested the lack of support from political parties, fundraising challenges, and cultural constraints, including the sexual exploitation of women in politics, limited the number of women in government.While the constitution formally recognized eight principal tribes of the Tswana nation, amendments to the constitution also allowed minority tribes to be represented in the House of Chiefs.  The law provided that members from all tribes enjoyed equal rights.  Outside observers noted many tribes were unrecognized or unrepresented, and women were underrepresented in the traditional chieftaincy system.  The government did not recognize any group or tribe as indigenous.																																					Section 4.													 Corruption in Government												    																						The law provided criminal penalties for corruption by officials, and the government generally sought to implement these laws effectively.  Officials tasked with enforcement lacked adequate training and resources.  During the year there were isolated media reports of government corruption.Corruption:  A 2019 poll by Transparency International found that 7 percent of those polled had paid bribes to government officials, an increase from the 1 percent who reported paying bribes in a 2015 poll.A court case involving President Masisi’s sister and nephew and a 550 million pula ($41.6 million) government tender award continued to draw widespread, public scrutiny and concerns of high-level government corruption.  Media raised concerns that this Water Utilities Commission tender awarded to Masisi’s sister showed potential collusion between her and a Chinese businessman to provide financial kickbacks through the local company G&amp;M Building Services to the ruling Botswana Democratic Party.Concerns about corruption in other tender awards that exceeded the initial award amount, given to Chinese companies involved in water utility and development tenders, continued to generate coverage in the press.In August, press reports surfaced that alleged the Botswana Police Service (BPS) was involved in a fraudulent 17 million pula ($1.3 million) motor bike tender involving a shell company.  BPS leadership publicly denied this accusation but admitted to mistakes during the tender process.For additional information concerning corruption in the country, please see the Department of State’s Investment Climate Statement for the country and the Department of State’s International Narcotics Control Strategy Report, which includes information on financial crimes.																											Section 5.													 Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights												    																						The small number of domestic and international human rights groups generally operated without government restriction, investigating, and publishing their findings on human rights cases.  Government officials were generally cooperative and responsive to domestic NGO views on most subjects.  The government interacted with and provided financial support to some domestic organizations.Government Human Rights Bodies:  An ombudsperson within the Office of the President handled complaints of maladministration, including some human rights abuses in the public sector, and the government generally cooperated with the ombudsperson.  The Office of the Ombudsman, however, lacked sufficient staff.																											Section 6.													 Discrimination and Societal Abuses												    																																																Women										Rape and Domestic Violence:  The law criminalized rape without specifying gender but did not recognize spousal rape as a crime.  By law, formal courts tried all rape cases and the minimum sentence for rape was 10 years’ imprisonment; the sentence increased to 15 years with corporal punishment if the offender was unaware of being HIV-positive; and increased to 20 years with corporal punishment if the offender was aware of being HIV-positive.  A person convicted of rape was required to undergo an HIV test before sentencing.  According to the World Population Review, the incidence of rape was extremely high, at 92.93 per 100,000 persons (2010 data).  According to a 2022 report by the Women’s Affairs Department in the Ministry of Labour and Home Affairs, 67 percent of women experienced some form of gender-based violence in their lifetime including partner and nonpartner violence.  A smaller, but still high, proportion of men (44 percent) admitted to perpetrating violence against women.Authorities effectively enforced laws against rape when victims pressed charges, although police noted victims often declined to press charges against perpetrators.The law prohibited domestic and other violence against women, girls, or men, but domestic violence remained a serious problem during the year.  The government regularly referred women survivors of gender-based violence to a local NGO that ran shelters for women.  Although statistics were unavailable, media widely reported on cases of violence against women, including several high-profile murder cases.Other Forms of Gender-based Violence or Harassment:  Sexual harassment, particularly by men in positions of authority, including teachers, was widespread.Discrimination:  Under the constitution women and men had the same civil rights and legal status.  Under customary law based on tribal practice, however, several traditional laws restricted women’s property rights and economic opportunities, particularly in rural areas.  Women increasingly exercised the right to marriage “out of common property,” in which they retained their full legal rights as adults.  Although labor law prohibited discrimination based on gender and the government generally enforced the law effectively, there was no legal requirement for women to receive equal pay for equal work.  According to the World Economic Forum, women earned 32 percent less than men employed in equal work.Reproductive Rights:  There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.While awareness of family planning methods was generally high, factors hindering contraceptive access included a shortage of supplies, provider biases, inadequately skilled health-care workers, HIV status, culture, religion, and popularly accepted myths and misconceptions.  Access to health care during pregnancy and childbirth was widespread, with 95 percent of the population living within an average of five miles from the nearest health facility.The government provided access to sexual and reproductive health services for survivors of sexual violence, including postexposure prophylaxis, emergency contraceptives, counseling, treatment of injuries, and rapid HIV testing.According to 2019 data, the most recent data set, the country’s maternal mortality ratio was 166 deaths per 100,000 live births.  The leading causes of maternal mortality included postpartum hemorrhage, genital tract and pelvic infections following unsafe abortion, and ectopic pregnancy.																																				Systemic Racial or Ethnic Violence and Discrimination										The eight tribes of the Tswana group, who spoke mutually intelligible dialects of Setswana, were politically dominant since independence, were officially recognized by law, and were granted permanent membership in the House of Chiefs.  Constitutional amendments subsequently enabled the recognition of tribes from other groups.Labor law prohibited discrimination based on race, color, tribe, place of origin, including national origin, social origin, sex, disability, language, sexual orientation or gender identity, HIV status, marital status, religion, creed, or social status.  Penalties were less than penalties related to other civil rights.  The government generally enforced these regulations in the public and formal sectors.  Penalties were regularly applied against violators.																																				Indigenous Peoples										The government did not recognize any group or tribe as Indigenous.An estimated 50,000 to 60,000 persons belonged to one of the many scattered, diverse tribal groups known collectively as Basarwa or San.  The Basarwa constituted approximately 3 percent of the population and were culturally and linguistically distinct from most other residents.  The law prohibited discrimination against the Basarwa in employment, housing, health services, or because of cultural practices.  The Basarwa, however, remained marginalized economically and politically and generally did not have access to their traditional land.  The Basarwa continued to be geographically isolated, had limited access to education, and lacked adequate political representation.  Some members were not fully aware of their civil rights.  During the year there were no reported threats to the Basarwa from business or commercial interests.The government interpreted a 2006 High Court ruling against the exclusion of Basarwa from traditional lands in the Central Kalahari Game Reserve (CKGR) to apply only to the 189 plaintiffs, their spouses, and their minor children.  Many of the Basarwa and their supporters continued to object to the government’s interpretation of the court’s ruling.In February 2022, Lesiame Pitseng, a member of the Basarwa, took the government to court after it refused him the right to bury his deceased father within the CKRG.  The government argued that the 2006 High Court ruling did not apply to the deceased because he had voluntarily resettled outside of the CKGR.  The court ordered Pitseng to bury his father outside the CKGR or face 30 days in custody.  He appealed the case and was granted a stay on the execution of the arrest.  The body of the deceased remained in a morgue at year’s end even though Pitseng lost the case.Government officials maintained that resettlement programs for Basarwa were voluntary but necessary to facilitate the delivery of public services, provide socioeconomic development opportunities to the Basarwa, and minimize human impact on wildlife.No government programs directly addressed discrimination against the Basarwa.  Except for CKGR lands designated in the 2006 court ruling, there were no demarcated cultural lands.																																				Children										Birth Registration:  The government generally registered births promptly and birth registration policies and procedures were the same for boys and girls.  Unregistered children could be denied some government services, including enrollment in secondary schools and national exams.Education:  Human rights organizations and minority tribes criticized the policy that designated English and Setswana as the only officially recognized languages, thereby forcing some children to learn in a non-native language.In 2018, the UN special rapporteur on minority issues noted that the lack of mother tongue education or failure to incorporate minority languages into the school curriculum might constitute discrimination.In July 2022, the government announced the final draft of an education language policy to provide guidance on implementation of mother tongue teaching in schools.  The government continued to roll out the policy during the year.Child Abuse:  The law penalized neglect and mistreatment of children.  There was reportedly widespread abuse of children.  Child abuse was reported to police in cases of physical harm to a child.  Police referred children and, depending on the level of abuse, their alleged abuser(s) to counseling in the Department of Social Services within the Ministry of Local Government and Rural Development as well as to local NGOs.  Police referred some cases to the Attorney General’s Office for prosecution.In August 2022, First Lady Neo Masisi launched the second phase of the “Eseng mo Ngwaneng” campaign under the theme, “Ending Violence Against Children.”  The campaign promoted reporting violence against children and advocated for cases that involve violence against children to be expedited at all levels.Child, Early, and Forced Marriage:  Child marriage occurred infrequently and was largely limited to certain tribes.  The government did not recognize marriages that occurred when either party was younger than the minimum legal age of 18.Sexual Exploitation of Children:  The law prohibited child sex trafficking and sexual abuse of children.  Sex with a child younger than 18 constituted defilement (statutory rape) and was punishable by a minimum of 10 years’ incarceration.  The penalty for not reporting incidents of child sexual exploitation ranged from a substantial monetary fine to imprisonment for no less than two years but no greater than three years, or both.  If convicted, perpetrators who engaged in sexual exploitation of children were punished with a substantial monetary fine, imprisonment for no less than five years but no longer than 15 years, or both.  Child pornography was a criminal offense punishable by five to 15 years of imprisonment.  The government generally enforced the law.																																				Antisemitism										There was a very small Jewish population, and there were no reports of antisemitic incidents.																																				Trafficking in Persons										See the Department of State’s Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report/.																																				Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics										Criminalization:  There were no laws that criminalized consensual same-sex sexual conduct between adults, so-called cross-dressing, or other sexual or gender characteristic-related behavior.  No seemingly neutral laws (such as immorality or loitering) were disproportionately applied to lesbian, gay, bisexual, transgender, queer, or intersex (LGBTQI+) persons.Violence and Harassment:  Civil society reported incidents of violence, societal harassment, and discrimination based on sexual orientation or gender identity or expression; however, there were few reports of authorities investigating abuses against LGBTQI+ persons.  The victims of such incidents seldom filed police reports, primarily due to stigma but occasionally because of intimidation.  LeGaBiBo, a local LGBTQI+ human rights organization, reported no harassment by state actors during the year.  In September, a well-known member of the LGBTQI+ community was attacked and repeatedly stabbed with a broken bottle in Maun due to his LGBTQI+ status.  Police charged the assailant with assault but were unable to locate him.Discrimination:  The law prohibited discrimination by state and nonstate actors based on sexual orientation in employment (see Systemic Racial and Ethnic Violence and Discrimination for specific information on labor laws.).  Authorities did not enforce the law.  The law did not explicitly recognize LGBTQI+ couples and their families nor grant them rights equal to other persons.Availability of Legal Gender Recognition:  Legal gender recognition in specific cases had been provided in court by litigation, but systematic legislative or administrative measures had not been adopted that would ensure that government-issued identity documents reflected self-defined gender identity.  Civil society lobbied the government to allow individuals to change gender identity marker on legal and identifying documents to bring them into alignment with their gender identity.Involuntary or Coercive Medical or Psychological Practices:  Civil society reported no specific instances of “conversion therapy” in the country.Restrictions of Freedom of Expression, Association, or Peaceful Assembly:  There were no laws or other restrictions on individuals speaking or media reporting on LGBTQI+ matters, on the ability of LGBTQI+ individuals to assemble in public or private or to form associations, or on the ability of LGBTQI+ organizations to legally register or convene events.																																				Persons with Disabilities										Persons with disabilities could not always access education, health services, and public buildings on an equal basis with others.  Persons with disabilities were not able to transit many urban areas as sidewalks were not all equipped to accommodate persons with disabilities.  The government’s policy provided for integrating the needs of persons with disabilities into all aspects of policymaking.  It mandated access to public buildings and transportation, but access for persons with disabilities was limited.  Although newer government buildings were constructed to provide access for persons with disabilities, older government office buildings remained largely inaccessible.  Most new privately owned commercial and apartment buildings provided access for persons with disabilities.  The government at times provided official information to persons with disabilities in accessible formats.  During the year, the government hosted national addresses with President Masisi and cabinet ministers that departed from standard procedures by not including a sign language interpreter provided by Botswana Television.Violence against persons with disabilities was not common, and authorities punished those who committed violence or abuses against persons with disabilities.The law prohibited discrimination against persons with disabilities, but there was no specific disability act.  Children with disabilities attended school, although human rights NGOs raised concerns the law did not stipulate inclusive education for children with disabilities.  Children with disabilities attended both public schools and segregated schools, depending on resource availability and the wishes of parents.In 2018, the UN special rapporteur on minority issues observed that most teachers were not trained in sign language or in teaching methods adapted to the educational needs of deaf persons.  The special rapporteur also noted that the absence of sign language interpreters in the health-care sector inhibited the dissemination of information.The Independent Electoral Commission made some accommodations during elections to enable persons with disabilities to vote, including providing ballots in braille and installing temporary ramps at polling places that were not accessible to persons with disabilities.There was a Department of Disability Coordination in the Office of the President to assist persons with disabilities.  The Department of Labour in the Ministry of Labour and Home Affairs was responsible for protecting the rights of persons with disabilities in the labor force and investigating claims of discrimination.  Individuals could also submit cases directly to the Industrial Court.  The government funded NGOs that provided rehabilitation services and supported small-scale projects for workers with disabilities.																																					Section 7.													 Worker Rights												    																																																a. Freedom of Association and the Right to Collective Bargaining										The law provided for the rights of workers, except police, military, and prison personnel, to form and join registered unions and to bargain collectively.  The law allowed some workers to conduct legal strikes.  The law allowed registered unions to conduct their activities without interference.  The law placed legal restrictions limiting the right to form and join independent unions, collective bargaining, and the right to strike, as further outlined below.  Because the law did not protect members of unregistered trade unions, those trying to establish, join, or register a trade union had no legal protection from antiunion discrimination.The law imposed restrictions limiting workers’ right to form and join independent trade unions.  An association needed more than 30 worker members to be a union, and the law gave the registrar authority to refuse registration upon determining that an existing trade union was sufficiently representative of employee interests.  The law also authorized the registrar to inspect accounts, books, and documents of a trade union at “any reasonable time” and provided the labor minister with the authority to inspect a trade union “whenever he considers it necessary in the public interest.”  It also allowed the registrar or attorney general to apply for an order to restrain any unauthorized or unlawful expenditure of funds or use of any trade union property.  Employers and employer associations had the legal right to ask the registrar to withdraw recognition of a union, and the Ministry of Labour and Home Affairs had the right to suspend a union if it was “in the public interest,” although the former practice was uncommon, and the latter had never been employed.  Any person acting or purporting to act as an officer of a trade union or federation that failed to apply for registration within 28 days of its formation was subject to sanctions.Trade unions failing to meet formal registration requirements were automatically dissolved and banned from carrying out union activities.The law provided for collective bargaining only for unions that enrolled at least one-third of an employer or industry’s workforce.  The law did not allow employers or employers’ organizations to interfere in the establishment, functioning, or administration of trade unions.  The law provided a framework for either employers or unions to nullify collective bargaining agreements and provided a mechanism for the other party to dispute the nullification.  The law also permitted an employer or employers’ organization to apply to the government to withdraw the recognition granted a trade union if it established that the trade union refused to negotiate in good faith with the employer.The law prohibited employees who provided “essential services” from striking.  The law limited its definition of essential services to aviation, health, electrical, water and sanitation, fire, and air traffic control services.  Police, military, and prison personnel were not permitted to form or join unions, but they were allowed employee associations that communicated collective needs and concerns to their government employer.  Union representatives reported employee associations were generally not as effective as unions in resolving labor disputes.The law empowered two officials within the Ministry of Labour and Home Affairs, the minister and the commissioner of labor, to refer a dispute in essential services to arbitration or to the Industrial Court for determination.Civil service disputes were referred to an ombudsperson for resolution, and the ombudsperson generally made decisions without government interference.  Labor commissioners mediated private labor disputes, which, if not resolved within 30 days, could be referred to the Industrial Court.Workers who were members of registered unions could not be terminated for legal union-related activities.  Dismissals could be appealed to civil courts or labor officers, which rarely ordered payment of more than two months’ severance pay.  The law did not provide for reinstatement of workers, but a judge could order reinstatement if the termination was deemed to be related to union activities.  The law did not provide protection to public employees’ organizations from acts of interference by public authorities in their establishment or administration.The government enforced some labor laws but did not protect the freedom of association for workers.  In addition, the government placed significant barriers to union organizing and operations, and there were some restrictions on the right to collective bargaining.  The government did not act to revive the Public Sector Bargaining Council.  Workers exercised the right to form and join unions, and employers generally did not use hiring practices to avoid hiring workers with bargaining rights.  Legal penalties for violations of laws governing freedom of association were commensurate with those for other laws involving denials of civil rights.  Penalties were rarely applied against violators.The law severely restricted the right to strike, and strikes were rare.  When unions followed legal requirements, exhausted arbitration, and notified the government in advance of a planned strike, the government permitted strikes and did not use force on strikers.  Due to strike requirements, however, many strikes were ruled illegal, and striking workers often risked dismissal.  The law prohibited sympathy strikes.  Trade unions reported systematic violations of worker rights related to unlawful dismissals, freedom of association, and trade unions’ right to organize their administration.																																				b. Prohibition of Forced or Compulsory Labor										See the Department of State’s annual Trafficking in Persons Report at  https://www.state.gov/trafficking-in-persons-report/.																																				c. Prohibition of Child Labor and Minimum Age for Employment										See the Department of Labor’s Findings on the Worst Forms of Child Labor at  https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings&nbsp;/.																																				d. Discrimination (see section 6)																																														e. Acceptable Conditions of Work										Wage and Hour Laws:  The law provided for minimum hourly wages for full time work by sector, with these minimum wages set by the Ministry of Labour and Home Affairs.  The minimum wage for all sectors was higher than the official estimate of the poverty income level.  Formal-sector jobs generally paid well above minimum wage.In January 2022, the government revised the minimum wage increasing it slightly from 6.70 pula ($0.51) per hour to 7.34 pula ($0.55) per hour.  For the domestic as well as the agriculture sector, the minimum wage increased from 1,000 pula per month ($76) to 1,084 pula per month ($81.93).  The law permitted a maximum 48-hour workweek, exclusive of overtime, which was payable at one-and-a-half times the base hourly rate.According to union representatives, the minimum wage increases did not keep pace with inflation, and some workers were required to perform overtime duties without compensation.  Alleged violations of wage, hour, or overtime laws were common in the automotive manufacturing sector.  According to the World Economic Forum, women earned 32 percent less than men employed in equal work.Occupational Safety and Health:  There were limited occupational safety and health (OSH) requirements.  The government’s ability to enforce OSH legislation remained limited due to inadequate staffing and lack of clear ministerial jurisdictions.The law provided protection against termination for workers who verbally complained regarding hazardous conditions, but no specific provisions in the law allowed workers to remove themselves from situations that endangered their health or safety without jeopardizing their employment.Wage, Hour, and OSH Enforcement:  The Ministry of Labour and Home Affairs was responsible for enforcing wage, hour, and OSH standards, but did not effectively enforce the law.  Penalties for violations were commensurate with those for similar crimes, such as fraud or negligence.  Penalties were regularly applied against violators.  The number of inspectors was not sufficient to enforce compliance.  Inspectors did have authority to conduct unannounced inspections and could demand that an employer suspend the use of hazardous materials or equipment.  Inspectors could not initiate sanctions on their own but could require employers to meet in a public office to discuss matters.Researchers and labor academics estimated that more than 191,000 persons, approximately 40 percent of working persons, worked in the informal sector and contributed approximately 5.3 percent of all economic activity.  Informal work sectors included wholesale and retail trade (45 percent), manufacturing (15 percent), and construction of buildings (12 percent).  A higher percentage of women and young persons worked in the informal sector.  Some workers in the informal sector received only housing and food, particularly in the agricultural and domestic service areas.  Wages in the informal sector were frequently below the minimum wage.  Informal-sector workers and part-time workers generally were covered by wage, hour, OSH, and other labor laws available to formal-sector workers, but enforcement in the informal sector was rare.  The Department of Social and Community Development provided social protection for informal economy workers.																																				    							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Respect for the Integrity of the Person																																							a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings																																																						b. Disappearance																																																						c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and Other Related Abuses																																																				Prison and Detention Center Conditions																																																																																				d. Arbitrary Arrest or Detention																																																				Arrest Procedures and Treatment of Detainees																																																																																				e. Denial of Fair Public Trial																																																				Trial Procedures																																												Political Prisoners and Detainees																																																																																				f. Transnational Repression																																																						g. Property Seizure and Restitution																																																						h. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence																																																			Section 2. Respect for Civil Liberties																																							a. Freedom of Expression, Including for Members of the Press and Other Media																																																				Internet Freedom																																																																																				b. Freedoms of Peaceful Assembly and Association																																																				Freedom of Peaceful Assembly																																																																																				c. Freedom of Religion																																																						d. Freedom of Movement and the Right to Leave the Country																																																						e. Protection of Refugees																																																			Section 3. Freedom to Participate in the Political Process																																							Elections and Political Participation																																																			Section 4. Corruption in Government																Section 5. Governmental Posture Towards International and Nongovernmental Monitoring and Investigation of Alleged Abuses of Human Rights																Section 6. Discrimination and Societal Abuses																																							Women																																																						Systemic Racial or Ethnic Violence and Discrimination																																																						Indigenous Peoples																																																						Children																																																						Antisemitism																																																						Trafficking in Persons																																																						Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation, Gender Identity or Expression, or Sex Characteristics																																																						Persons with Disabilities																																																			Section 7. Worker Rights																																							a. Freedom of Association and the Right to Collective Bargaining																																																						b. Prohibition of Forced or Compulsory Labor																																																						c. Prohibition of Child Labor and Minimum Age for Employment																																																						d. Discrimination (see section 6)																																																						e. Acceptable Conditions of Work																																																									Tags																					Botswana																								Bureau of African Affairs																								Bureau of Democracy, Human Rights, and Labor
- PEPFAR Launches Nursing Leadership Initiative Across Seven African Countries Office of the SpokespersonOn March 25, Ambassador Dr. John Nkengasong – U.S. Global AIDS Coordinator and Senior Bureau Official for Global Health Security and Diplomacy, overseeing the Department’s Bureau of Global Health Security and Diplomacy – will launch the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR) Nursing Leadership Initiative to sustain gains and accelerate progress toward ending HIV/AIDS as a public health threat by 2030. Under the initiative, PEPFAR is providing $8 million in 2024 to support nurses at the forefront of the HIV/AIDS response in Botswana, Côte d’Ivoire, Eswatini, Malawi, Nigeria, South Africa, and Zambia.In these seven partner countries, the initiative invests in activities that will:Enhance nurses’ skillsets to lead planning and delivery of HIV/AIDS services to curb disruptions in access to essential HIV services;Help nurses to identify, advocate for, and leverage innovative digital solutions to enhance quality HIV service delivery;Protect nurses by enhancing their infection prevention and control skills, providing supportive work environments, and supporting mental health needs;Invest in the development, retention, and equitable distribution of the nursing workforce, aligned with each country’s national priorities, to ensure long-term sustainability of HIV service delivery; andEnhance nurses’ communication and leadership skillsets.PEPFAR implementing partners will also support partner nursing organizations in the seven initiative countries to undertake a needs assessment to guide initiative activities.For media inquiries, please contact GHSD_publicaffairs@state.gov.
- Gaborone, Botswana: Westwood International School: 2024 Special Needs Profile Office of Overseas SchoolsDownload the Special Needs Profile (Gaborone- 2024 Special Needs- Botswana) for this school to learn more about their capability to support students with exceptionalities.&nbsp;Westwood International School (WIS) was established in May 1988 by the professional, business, and diplomatic community in Gaborone, Botswana. The primary purpose of the group was to provide an English medium education for the international community and other interested families. The founders of the school include: the Embassy of the United States of America, the British High Commission, Barclays Bank (now Absa), Sefalana sa Botswana, and Senn Foods. Initially Westwood School was a primary school with reception through year 8. In December 1994, Westwood Secondary School was registered under the Education Act and the School Council was granted special authority (by the Ministry of Education during July 1995) to operate both the primary and secondary schools jointly.  WIS received its first accreditation in 1998 by the Council of International Schools (CIS) and the New England Association of Schools and Colleges (NEASC).  WIS is a fully authorized and operational International Baccalaureate (IB) World School.  Today, the school is divided into the primary school (reception-year 6) and the secondary school (year 7-13). The school’s commitment to shaping internationally minded, globally aware students.This is intended to provide general information. Prospective users of the schools may wish to inquire further of A/OPR/OS or contact the school directly for more specific and up-to-the-minute information. Information and statistics are current as of December 2023 and provided by the school.NOTE: School situations can change quickly, particularly as schools face cutbacks to learning support programs due to the pandemic, unrest, and economic uncertainty. For the most current information, work with the REO and school. Information in this document was collected by the Department of State’s Office of Overseas Schools directly from the school in December 2023 and shows the availability of services rather than an assessment of the quality of the services. The profile is intended as a jumping off point for a conversation with the REO and school to understand the best fit for your child. Definitions may vary school to school.
- Gaborone, Botswana: Westwood International School: 2023-2024 Fact Sheet Office of Overseas SchoolsWestwood International School (WIS) was established in May 1988 by the professional, business, and diplomatic community in Gaborone, Botswana. The primary purpose of the group was to provide an English medium education for the international community and other interested families. The founders of the school include: the Embassy of the United States of America, the British High Commission, Barclays Bank (now Absa), Sefalana sa Botswana, and Senn Foods. Initially Westwood School was a primary school with reception through year 8. In December 1994, Westwood Secondary School was registered under the Education Act and the School Council was granted special authority (by the Ministry of Education during July 1995) to operate both the primary and secondary schools jointly.  WIS received its first accreditation in 1998 by the Council of International Schools (CIS) and the New England Association of Schools and Colleges (NEASC).  WIS is a fully authorized and operational International Baccalaureate (IB) World School.  Today, the school is divided into the primary school (reception-year 6) and the secondary school (year 7-13). The school’s commitment to shaping internationally minded, globally aware students.Organization:  WIS Council is comprised of eight members: four elected parent members, whose term of office is two years, and three appointed foundation members, representing founding companies of Westwood, for a total of seven voting members, together with one non-voting member, a U.S. Embassy Liaison.  An annual general meeting must be held a minimum once a year.Curriculum: WIS is an inclusive school that seeks to challenge each student each day. The school provides a balanced program for all students. The teachers are committed to learning, developing the passions and talents of each student, and to their love of the subjects they teach. The teachers seek to bring wonder and curiosity to students through an inquiry model of teaching and learning.  At WIS, you can be yourself, discover your strengths and broaden your horizons.  In a safe and nurturing environment, our students learn about themselves, how to manage time, how to juggle competing priorities, how to face challenges head on, how to collaborative with others, and how to persevere to find success.  WIS has a wide variety of sports teams, an extensive extracurricular program,  musical and theatre productions, and an outstanding IB DP Art Exhibition each year.  At WIS, there is a continuum of education, consisting of three IB programs which are united by the IB’s philosophy and approaches to learning and teaching. The programs encourage both personal and academic achievement, challenging students to excel in their studies and in their personal development.  The IB programs incorporate quality practice from national and international research and the IB global community. They encourage students to be internationally-minded, within a complex and hyper-connected world.Faculty: For the 2023-2024 school year there are 101 total staff members, including 50 teaching staff. The faculty represents a diverse group of qualified teachers, including 1 U.S. citizens, 37 host-country nationals, and 13 third-country nationals. Our faculty and staff represent 13 nationalities.Enrollment: At the beginning of the 2023-2024 school year, enrollment was 550 students. Of the total, 2 were U.S. citizens, 349 were host-country nationals, and 201 were third-country nationals.Facilities: Since 1993, Westwood has been located on a custom designed, 4.6-hectar campus with 37 classrooms. Four additional portables were acquired between 2016 and 2018 to accommodate our growing student population. There is also a school library, two computer labs, and a school auditorium that can seat the entire school. Sports facilities include a competitive 25-meter swimming pool and a learning pool, along with basketball and tennis courts, as well as two large playing fields for soccer, softball, cricket and athletics practices and matches. There are two specialized cricket practicing nets adjacent to the large playing field. The classrooms are well-equipped, air-conditioned with Internet connection and smart boards. Many upgrades to the school’s technology infrastructure have taken place over several years, and ongoing, to support a fully wireless campus. A recent focus on revitalizing the grass playing fields and landscaping the school grounds has resulted in a more “green” environment. The nurse’s station has been upgraded and it now includes ample space for consultation and a rest area. The playground equipment was upgraded in 2015 and the safety of the structure improved in 2016. New shading was installed at the pool and the borehole was drilled on the school grounds to ensure a constant supply of irrigation water.Finances:  Approximately 97% of Westwood International Schools total income is derived from tuition fees. The school is supported by the U.S. Department of State Office of Overseas Schools through an annual grant. The tuition rates for the 2022-2023 school year are as follows: Reception – Year 2: P67,200; Year 3-6: P70,800; Year 7: P90,600; Year 8-9: P103,500; Year 10-11: P113,100 and Year 12-13: P 115,800. There is a one off capital development levy fee of P20,000 per new student. A registration fee of P250 is also charged for new applicants.Special Needs: Review the Special Needs Profile for this school to learn more about their capability to support students with exceptionalities.This Fact Sheet is intended to provide general information. Prospective users of the schools may wish to inquire further of A/OPR/OS or contact the school directly for more specific and up-to-the-minute information. Information and statistics are current as of September 2023 and are provided by the school.
- Botswana National Day Antony J. Blinken, Secretary of StateOn behalf of the United States government and the American people, I offer my sincerest congratulations to all Batswana on your National Day.The United States and Botswana have a deep partnership cemented in our common values and interests. We have worked together to build economic prosperity, promote democratic governance, strengthen our global health security, and conserve the environment. Our close collaboration has enhanced the historic friendship between our governments and our people, and we know these connections will only continue to be strengthened as we face global challenges together.The United States wishes all Batswana a happy Independence Day as you celebrate over five decades of democratic traditions.
- Critical Minerals in Botswana Bureau of Economic and Business AffairsDate and Time: 11am ET Tuesday, October 17, 2023 Host: U.S. Ambassador Howard Van VrankenTopic: Critical Minerals in BotswanaDescription: Join U.S. Ambassador to Botswana Howard Van Vranken; and Chief Executive Officer of Botswana Investment and Trade Centre, Mr. Keletsositse Olebile; to explore the country&#8217;s vast mining opportunities.Officials from Premium Nickel Resources, a publicly traded mineral exploration and development company, will provide U.S. investors and exporters a summary of the activities and potential opportunities associated with three of the largest critical metals deposits in Botswana, regarded as some of the largest deposits of their kind on the continent. Premium Nickel&#8217;s vision is to operate a world leading, efficient, zero-carbon mine and beneficiation operation with sustainable benefits to local stakeholders, valued investors, and U.S., Canadian, and allied entities. Moderated Q&amp;A will follow.&nbsp;
- Expanding the Global Equality Fund and Protecting Human Rights with New International Partners Bureau of Democracy, Human Rights, and LaborArshelle CarterJust this last week, the United States welcomed New Zealand as the 19th government to the Global Equality Fund. Together with the private sector, the Global Equality Fund has dedicated over $100 million to more than 100 countries – providing advocates training, giving them tools to prevent violence, to prevent discrimination.In late June, Secretary Blinken announced New Zealand as the latest donor partner to join the Global Equality Fund (GEF), during a Pride Month event at the U.S. Department of State.  The GEF is a  public-private partnership comprised of like-minded governments and private-sector entities dedicated to advancing and defending the human rights and fundamental freedoms of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons around the world.  Through the GEF, governments, companies, foundations, and NGOs work collaboratively to advance local initiatives spearheaded by human rights defenders and civil society organizations working to protect LGBTQI+ persons from violence and abuse, criminalization, discrimination, and stigma, and to empower local LGBTQI+ movements and people.The New Zealand announcement follows the joining of another key ally to the GEF.  In May, the Secretary held a signing ceremony alongside Spanish Foreign Minister José Manuel Albares, announcing Spain’s commitment to join the Global Equality Fund (GEF) as a donor partner.  Spain and New Zealand’s partnership strengthens the GEF’s ability to support human rights and representative democracies.  Secretary Blinken and Spanish Foreign Minister Albares participate in a signing ceremony announcing Spain’s commitment to join the Global Equality Fund as a donor partner on May 10, 2023. &nbsp;GEF programs expand citizen access to full civic and political participation.  Promoting and protecting the human rights of LGBTQI+ persons is a year-round commitment of the Department and critical for strengthening democracy.  GEF programs have made significant impacts globally.  In just the past two years, GEF programs have:trained and supported more than 6,600 human rights defenders globally;provided emergency assistance to more than 470 human rights defenders and more than 90 civil society organizations, helping to provide safety and security so they can continue their critical work; andimproved legal assistance for more than 2,300 individuals from low-income or marginalized communities through legal and victim’s aid.A telling example of the GEF’s impact is apparent in Botswana, where the sustained, flexible support of the GEF over 10 years contributed not only to the registration of the first LGBTQI+ organization in the country, but also to a historic decriminalization judgment.  Through a holistic approach, GEF support – coupled with efforts by other donors – enabled activists and partners to determine local priorities and to chart the best path forward.  The GEF supported projects to reduce stigma, discrimination, and violence by implementing an incremental strategy to decriminalize consensual same-sex sexual acts.  However, LGBTQI+ community needs do not end with major court decisions; the GEF will continue to fund community-driven movement building in Botswana and globally in pursuit of a safer, more equal world for all. Members of civil society in Botswana held public dialogues on the implications of decriminalizing same-sex relations. In November 2021, the Court of Appeal unanimously upheld the High Court’s decision to decriminalize. As it enters its second decade, the GEF remains a leading global force to:   Mobilize funding and resources that strengthen local LGBTQI+ movements and leadership that reflect the diversity of the community; Empower locally led and diverse movements leading efforts to mitigate violence and discrimination against LGBTQI+ persons; and    Connect donors, international and regional institutions, and LGBTQI+ civil society groups to ensure that voices of local communities are heard, authentically represented, and affirmed. The critical work of the GEF is not possible without the support and leadership of its partners: Argentina, Australia, Canada, Chile, Croatia, Denmark, Finland, France, Germany, Iceland, Italy, Montenegro, the Netherlands, New Zealand, Norway, Spain, Sweden, Uruguay, the Arcus Foundation, the John D. Evans Foundation, the MAC AIDS Fund, Deloitte LLP, Royal Bank of Canada, Hilton, Bloomberg L.P., Marriott International, the Thomson Reuters Foundation, and Out Leadership. About the Author:  Arshelle Carter is a 2022 Thomas R. Pickering Foreign Affairs Fellow and Summer 2023 intern in the Office of Global Programs in the Bureau of Democracy, Human Rights, and Labor. 
- Botswana HomeReportsBureau of Economic and Business Affairs2023 Investment Climate Statements&#8230;Botswana				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Investment Climate Statements: Botswana																																																																																												 In this section										/																							EXECUTIVE SUMMARY																																													EXECUTIVE SUMMARY																															1. Openness To, and Restrictions Upon, Foreign Investment																																																									Policies Towards Foreign Direct Investment																																																																											Limits on Foreign Control and Right to Private Ownership and Establishment																																																																											Other Investment Policy Reviews																																																																											Business Facilitation																																																																											Outward Investment																																																																																	2. Bilateral Investment and Taxation Treaties																															3. Legal Regime																																																									Transparency of the Regulatory System																																																																											International Regulatory Considerations																																																																											Legal System and Judicial Independence																																																																											Laws and Regulations on Foreign Direct Investment																																																																											Competition and Antitrust Laws																																																																											Expropriation and Compensation																																																																											Dispute Settlement																																																																			ICSID Convention and New York Convention																																																								Investor-State Dispute Settlement																																																								International Commercial Arbitration and Foreign Courts																																																																																																																		Bankruptcy Regulations																																																																																	4. Industrial Policies																																																									Investment Incentives																																																																											Foreign Trade Zones/Free Ports/Trade Facilitation																																																																											Performance and Data Localization Requirements																																																																																	5. Protection of Property Rights																																																									Real Property																																																																											Intellectual Property Rights																																																																																	6. Financial Sector																																																									Capital Markets and Portfolio Investment																																																																											Money and Banking System																																																																											Foreign Exchange and Remittances																																																																			Foreign Exchange																																																								Remittance Policies																																																																																																																		Sovereign Wealth Funds																																																																																	7. State-Owned Enterprises																																																									Privatization Program																																																																																	8. Responsible Business Conduct																																																									Additional Resources																																																																											Climate Issues																																																																																	9. Corruption																																																									Resources to Report Corruption 																																																																																	10. Political and Security Environment																															11. Labor Policies and Practices																															12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs																															13. Foreign Direct Investment Statistics																															14. Contact for More Information																																																					EXECUTIVE SUMMARY				Botswana has the best credit rating in mainland Sub-Saharan Africa. Botswana is a stable, democratic country with an independent judiciary system.  It maintains a sound macroeconomic environment, fiscal discipline, a well-capitalized banking system, and a crawling peg exchange rate system.  On September 16, 2022, Standard &amp; Poor’s (S&amp;P) maintained Botswana’s sovereign credit rating for long and short-term foreign and domestic currency bonds at “BBB+/A-2” with a stable outlook and projected that the demand for Botswana diamonds will remain strong despite weakening global activity. In November 2021, Moody’s revised its credit rating for Botswana from A2 to A3 with a stable outlook.  These agencies’ ratings are highly influenced by Botswana’s continued dependence on diamonds, which contribute to nearly 90 percent of foreign exchange earnings and are susceptible to external shocks in global consumer spending.Botswana’s population of 2.59 million (World Bank, 2021) is small relative to the country’s large land area of 581,730 km2, approximately the size of the U.S. state of Texas. Botswana is nestled among South Africa, Namibia, Zimbabwe, and Zambia.  Its central location in southern Africa positions it to serve as a gateway to the region, particularly for industries that align with Botswana’s mining, highway, and water infrastructure investments. The World Bank classifies Botswana as an upper middle-income country based on its per capita income of $6,805.20 in 2021. Botswana’s national Vision 2036 outlines Botswana’s plans to grow from upper middle-income to high-income status by 2036.Botswana’s economic recovery trajectory has been strong following the peak of the COVID-19 pandemic. In 2021, Botswana’s 11.8 percent GDP growth rate was the highest in Sub-Saharan Africa. GDP growth estimates for Botswana were 6.7 percent at the end of 2022, based on the recorded 6.5 percent year-on-year growth in the first three quarters of 2022. The strength of Botswana’s economic recovery is also evidenced by the continued downward trend of inflation, which fell from its highest recorded inflation (14.6 percent in August 2022) since 2008 to 9.3 percent in January 2023. The Bank of Botswana’s medium-term objective range is three to six percent inflation. Botswana’s central bank forecasts inflation will return to this target range by the third quarter of 2023. Unemployment rates fell slightly from 26 percent in 2021 to 25.4 percent in the fourth quarter of 2022.Development in Botswana is driven mainly by revenue from diamond mining, which has enabled Botswana to develop infrastructure and fund social investments for the broader population. Additionally, in 2023, the Government of Botswana (GoB) introduced a wealth creation program that consolidates existing economic empowerment loans and grant programs for citizens to facilitate job creation projects that build livelihoods and reduce poverty.COVID-19 is now a manageable disease in Botswana, but Botswana’s continued economic recovery is still threatened by global challenges posed by Russia’s war on Ukraine and its effect on food, fuel, and fertilizer prices. Compounding some concerns about cost of living and food security, Botswana – as a self-sufficiency measure – banned the importation of certain fruits and vegetables in January 2022. Domestic agricultural production has generally not filled all supply gaps, causing episodic shortages of staple vegetables. Botswana’s Special Economic Zones Authority (SEZA) partnered with the Ministry of Agriculture to develop the value chain for sunflower oil to reduce imports of cooking oil; SEZA will also seek to identify similar opportunities in other sectors.Botswana has minimal labor strife.  Industrial courts exist for labor related matters. Botswana is a member state of the International Centre for Settlement of Investment Disputes (ICSID) Convention and of the 1958 New York Convention.  Corruption in Botswana is relatively lower than in other African countries; nevertheless, foreign, and domestic companies – and Government of Botswana officials – report increasing perceptions of corruption related to public procurement processes.  Minister of Finance Peggy Serame cited this increasing perception of corruption in Botswana in the Budget Speech in February 2023. Botswana has however improved slightly in the Transparency International’s Corruption Perceptions Index from a 2021 score of 5.5 and a ranking of 45 out of 180 countries to a 2022 score of 6.0 and a ranking of 35 out of 180.The Botswana Investment and Trade Centre (BITC) is Botswana’s trade promotion agency to attract investment and assist foreign investors with doing business in Botswana.  Botswana offers low tax rates and has no foreign exchange controls.  The BITC’s topline economic goals are to promote export-led growth, ensure efficient government spending and financing, build human capital, and ensure the provision of appropriate infrastructure.  GoB entities, including BITC, use these criteria to determine the level of support to give foreign investors.The GoB and the Washington-based Corporate Council on Africa co-hosted the U.S.-Africa Business Summit in July 2023.The GoB has committed to streamlining business-related procedures and removing bureaucratic impediments based on World Bank recommendations in a business reform roadmap.  Under this framework, Botswana introduced electronic tax and customs processes in 2016 and 2017.  The Companies and Intellectual Property Authority (CIPA) built and successfully integrated the Online Business Registration System (OBRS) with Botswana Unified Revenue Services (BURS) and the Immigration Office.  OBRS is designed to reduce the business registration process by more than 10 days.  In March 2022, Parliament passed the Intellectual Property Policy to leverage Botswana&#8217;s intellectual property potential for inclusive and sustainable economic growth and development.The GoB released a new National Investment Strategy (NIS) for 2023-2030. This builds upon the previous 2009-2016 NIS. The strategy outlines ways the government can partner, leverage, and incentivize the private sector to accelerate private sector investment in the economy and enhance productivity and competitiveness in a sustainable way.Table 1: Key Metrics and RankingsMeasureYearIndex/RankWebsite AddressTI Corruption Perceptions Index202335 of 180http://www.transparency.org/research/cpi/overview Global Innovation Index202286 of 132https://www.globalinnovationindex.org/analysis-indicator U.S. FDI in partner country ($M USD, historical stock positions)2021$19https://apps.bea.gov/international/factsheet/ World Bank GNI per capita2021$12,023http://data.worldbank.org/indicator/NY.GNP.PCAP.CD 																																					1. Openness To, and Restrictions Upon, Foreign Investment						    																																																Policies Towards Foreign Direct Investment										The GoB publicly emphasizes attracting foreign direct investment (FDI) and drafted an investment facilitation law recommended by the 2014 Organization for Economic Co-operation and Development (OECD) Investment Review.  While the draft was completed in 2016 with technical assistance from the United Nations Conference on Trade and Development (UNCTAD), it was never enacted.  The draft is still under review and requires approval from Parliament.However, the GoB has released a new National Investment Strategy (NIS) for 2023-2030 to maximize the quantity and quality of annual flows of foreign and domestic investment. The GoB has launched initiatives to promote economic activity and foreign investment in specific areas, such as establishing a diamond hub which brought more value-added businesses (i.e., cutting and polishing) into the country.  The resuscitation of the beef cluster development is ongoing after being halted just before the COVID-19 pandemic; it will focus on improving beef production and increasing beef exports from Botswana.Additional investment opportunities in Botswana include clean energy, large water infrastructure projects, electricity infrastructure, transportation, telecommunications systems, horticultural production, and agricultural processing. Botswana’s 2023-2030 NIS also maps opportunities in several sectors which include automotive, cargo freight and logistics, and the digital economy. Economists note Botswana’s considerable potential in mining critical minerals (in addition to diamonds), raising beef, tourism, solar energy, and financial services.  BITC assists foreign investors with projects intended to diversify export revenue, create employment, and transfer skills to the citizens of Botswana.																																				Limits on Foreign Control and Right to Private Ownership and Establishment										Botswana’s 2003 Trade Act reserves licenses for citizens in 19 sectors, including general trading establishments, gas stations, liquor stores, supermarkets (excluding chain stores), bars (other than those associated with hotels), certain types of restaurants, boutiques, auctioneers, car washes, domestic cleaning services, curio shops, fresh produce vendors, funeral homes, hairdressers, various types of rental/hire services, laundromats, specific types of government construction projects under a certain dollar amount, certain activities related to road and railway construction and maintenance, and certain types of manufacturing activities including the production of furniture for schools, welding, and bricklaying.  The law allows foreigners to participate in these sectors as minority joint venture partners in medium-sized businesses.  Foreigners can hold the majority share if they obtain written approval from the Minister of Trade and Industry.  Foreign companies have access to about 46 trading licenses in different categories.  It takes approximately five working days to obtain a license.The Ministry of Trade and Industry (MTI) administers the citizen participation initiative and takes an expansive interpretation of the term “chain stores” so that it encompasses any store with more than one outlet.  This broad interpretation has resulted in the need to apply exemptions to certain supermarkets, simple specialty operations, and general trading stores.  These exceptions were generally granted prior to 2015 and many large general merchandise markets, restaurants, and grocery networks are owned by foreigners as a result.  Since 2015, the GoB has denied some exemption requests but reports it has approved others based on ownership localization agreements directly negotiated between the MTI and the relevant company.  These agreements reportedly include commitments to purchase supplies locally and capacity building for local workers and industry.  BITC conducts due diligence on companies that are looking to invest in the country and the Directorate of Intelligence Services (DIS) performs background checks for national security.																																				Other Investment Policy Reviews										Botswana has been a World Trade Organization (WTO) member since 1995.  In 2016, the WTO conducted a trade policy review of the Southern African Customs Union to which Botswana belongs ( https://www.wto.org/english/tratop_e/tpr_e/tp322_e.htm ).  Botswana underwent an Information and Communication Technology (ICT) Policy Review and e-Commerce strategy review with UNCTAD and the report was released in October 2021 ( https://unctad.org/system/files/official-document/dtlstict2021d4_en.pdf ).  Botswana sees this as a critical move to diversify the economy and position the country to be a bigger player in the global economy.																																				Business Facilitation										To operate a business in Botswana, one needs to register a company with the CIPA through the OBRS at:  https://www.cipa.co.bw/types-of-entities . CIPA indicates that the company registration process can be completed in a day and is integrated with BURS which allows for a fast-tracked tax registration in 30 days.  Additional work is required to open bank accounts and to obtain necessary licenses and permits.BITC ( www.bitc.co.bw ), the GoB’s integrated investment and trade promotion authority, was designed to serve as a one-stop shop to assist investors in setting up a business and finding a location for operation.  BITC’s ability to streamline procedures varies by GoB entity and bureaucratic requirements.  BITC assesses investment projects on their ability to diversify the economy away from its continued dependence on diamond mining, contribute towards export-led growth, job creation, and skills transfer to Batswana citizens.  BITC also hosts the Botswana Trade Portal ( https://www.botswanatradeportal.org.bw ) that is designed to ease trade across borders.  It is a single point of contact for all information relating to import and export to and from Botswana and represents relevant ministries and parastatals.Botswana has several incentives and preferences for both citizen-owned and locally based companies.  Foreign-owned companies can benefit from local procurement preferences which are usually required for government tenders.  In 2015, MTI instituted a program to give locally based small companies a 15 percent preferential price margin in GoB procurement, with mid-sized companies receiving a 10 percent margin, and large companies a five percent margin.  Under this policy, MTI defines small companies as those with less than five million pula (approximately $450,000) in annual revenue reflected in their financial statements, medium companies with five to 20 million pula in revenue, and large companies with revenues exceeding 20 million pula (approximately $1.7 million).  The directive applies to 27 categories of goods and services ranging from textiles, chemicals, and food, as well as a broad range of consultancy services.  The GoB can also offer up to 50 million pula ($4.5 million) in funding through the Citizen Entrepreneurial Development Agency (CEDA) to joint ventures between foreign and citizen owned companies.For Companies Act registration purposes, enterprises are classified as:Micro Enterprises – fewer than six employees including the owner and an annual revenue below 60 thousand pula.Small Enterprises – fewer than 25 employees and an annual revenue between 60 thousand and 1.5 million pula.Medium Enterprises – fewer than 100 employees and annual revenue between 1.5 and 5 million pula.Large Enterprises – over 100 employees and annual revenues of at least 5 million pula.This classification system permits foreigners to participate as minority shareholders in medium-sized enterprises in the 35 business sectors reserved for citizens.																																				Outward Investment										The GoB neither promotes nor restricts outward investment.																																												2. Bilateral Investment and Taxation Treaties						    																						The United States and the Southern Africa Customs Union (SACU), which includes Botswana, signed a Trade, Investment, and Development Cooperative Agreement (TIDCA) in 2008.  The TIDCA establishes a forum for consultative discussions, cooperative work, and possible agreements on a wide range of trade issues, with a special focus on customs and trade facilitation, technical barriers to trade, sanitary and phytosanitary (SPS) measures, and trade and investment promotion.SACU has free trade agreements with Iceland, Liechtenstein, Norway, Switzerland, and the European Free Trade Association.  SACU countries and MERCOSUR &#8211; Argentina, Brazil, Paraguay, and Uruguay &#8211; signed reciprocal preferential trade agreements (PTA) in December 2008 and April 2009, respectively.  The PTA establishes fixed preference margins as a first step towards creating a free trade area between SACU and MERCOSUR.  Botswana has ratified the agreement and is awaiting remaining Member States to complete ratification for the agreement to be implemented.For more information on SACU’s tariff regime see the WTO document:   http://www.wto.org/english/tratop_e/tpr_e/s222-00_e.doc .Botswana is also a member of the Southern African Development Community (SADC) and is currently implementing the SADC Protocol on Trade.  For more information about SADC, visit:   www.sadc.int .In June 2016, Botswana signed an Economic Partnership Agreement (EPA) with the European Union as part of the SADC EPA Group.  The EPA guarantees access to the EU market without any duties or quotas for Botswana and gives asymmetric access to the SADC EPA Group.The EPA between the United Kingdom, the Southern African Customs Union and Mozambique (SACUM-UK EPA) was signed in 2019, providing immediate duty-free, quota-free access to goods exported from Mozambique and SACU member states (excluding South Africa).  In return, these countries committed to gradual tariff liberalization for imported goods from the UK.Botswana has a trade agreement with Zimbabwe, which provides duty-free access for goods originating from either of the trading partners, provided they meet at least 25 percent local content from their respective origins. However, excise duty and local taxes such as the value-added tax (VAT) are due and payable where applicable.In 2018, Botswana signed the Tripartite Free Trade Area (TFTA) agreement consisting of 26 countries of the three Regional Economic communities of the Common Market for Eastern and Southern Africa (COMESA), East African Commission (EAC), and SADC.The African Continental Free Trade Agreement (AfCFTA), of which Botswana is a signatory, commenced trading officially on January 1, 2021.  AfCFTA was founded in 2018 to promote intra-African trade and to pave the way for a future continental customs union.  President Masisi submitted the AfCFTA instruments to the African Union Commission chairperson in February 2023.Botswana has Bilateral Investment Treaties (BIT) with Germany and Switzerland which came into force in 2007 and 2000, respectively.Botswana is also a member of OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting (BEPS).  In October 2021, Botswana and other member countries signed a new tax deal that, effective 2023, subjects Multinational Enterprises to a minimum 15 percent tax rate.																																		3. Legal Regime						    																																																Transparency of the Regulatory System										Bureaucratic procedures necessary to start and maintain a business in Botswana are generally transparent, though slow, and with cumbersome regulatory procedures.  In 2018, Botswana launched a Regulatory Impact Assessment Strategy to improve the regulatory environment, ensure legislation is necessary and cost effective, reduce administrative burdens imposed by the regulatory environment to businesses, and improve transparency, consultation, and government accountability.  Most complaints by foreign investors are about the inefficiency and/or unresponsiveness of mid- and low-level government bureaucrats.  The GoB has introduced a Performance Management System to improve the service and accountability of its employees.  Additionally, one of the priorities in President Masisi’s 2021 Reset Agenda is to align government&#8217;s machinery to the presidential agenda.  This aims to transform and improve service delivery in the public service by bringing significant reforms in all public institutions.  In its proposed 2023/2024 budget, the GoB allocated funds toward upgrading some sub-districts to fully fledged district councils for decentralization and expediting of government services. Unfair business practices or conduct can be reported to the Competition Authority, which seeks to level the playing field for all business operators and foster a conducive environment for business.  The GoB does not require companies to disclose their environmental, social, and governance (ESG) activities; ESG disclosures are not used to determine the quality of a project. However, Environmental Impact Assessments (EIA) are a requirement and are taken very seriously when undertaking infrastructure development projects.  Bills in Botswana, including investment laws, go through a public consultation process and are available for public comment.  Bills are also debated in Parliament sessions that are open to the public.The Companies Act of 2004 requires all companies registered in Botswana to prepare annual financial statements based on generally accepted accounting principles (GAAP).  It further requires every public company, including non-exempt private companies, to prepare their financial statements in accordance with the International Financial Reporting Standards.Botswana’s new Public Procurement Act (PP Act) of 2021 commenced on April 14, 2022, resulting in the repeal of the Public Procurement and Asset Disposal Act (PPAD Act) and the Local Authorities Procurement and Asset Disposal Act (LAPAD Act).  Under the PP Act, all government procurements must be adjudicated and awarded by the relevant procuring ministries/government entities; the Public Procurement and Regulatory Authority (PPRA) only has an oversight role. Also under the PP Act, Accounting Officers from procuring entities must submit their annual procurement plans at the beginning of each financial year and submit a Consolidated Procurement Tool monthly (five days after month end).  Prospective government contractors are still required to register with the PPRA.  The GoB established an independent Public Procurement Tribunal to adjudicate disputes.  In the future, the PPRA will use a national e-procurement system as an electronic end-to-end one-stop information and transaction portal for any public procurement.The PPRA has partnered with the United States Trade and Development Agency’s (USTDA) Global Procurement Initiative since 2014, in a shared commitment to utilize best-value determination procurement practices and to professionalize procurement.  Having assisted PPRA through its transition, USTDA continues to assist with implementing the new PP Act.Online services are available at  https://ipms.ppadb.co.bw/login The PP Act at times calls for preferential procurement of citizen-owned contractors for works, service, and supplies.  To be eligible for a specific reservation or preference, the contractor is required to attach to the bidding package proof of eligibility from the issuing authority. Parliament enacted an Economic Inclusion Act to provide for the establishment of the Office of the Coordinator of the Economic Empowerment. This office will promote effective participation of targeted citizens to grow and develop the economy and facilitate enforcement of the economic empowerment initiatives. Targeted citizens, according to the Economic Inclusion Act, are citizens whose access to economic resources has been constrained by various factors as prescribed by the Minister of Trade and Industry from time to time.Health and safety laws, embodied in the Factories Act of 1973, provide basic protection for workers from unsafe working conditions. Minimum working conditions required on work premises include cleanliness of the premises, adequate ventilation and sanitation, sufficient lighting, and the provision of safety precautions. Health inspectors and the Botswana Bureau of Standards carry out periodic checks at both new and operating factories.																																				International Regulatory Considerations										Botswana is a member of SACU and SADC.  Neither has authority over member state national regulatory systems.  Botswana is a member of the World Trade Organization (WTO) and notifies all draft technical regulations to the WTO’s Technical Barriers to Trade (TBT) Committee.																																				Legal System and Judicial Independence										The Constitution provides for an independent judiciary system.  Botswana’s legal system is based on Roman-Dutch law as influenced by English common law.  This type of system exists with legislation, judicial decisions, and local customary law.  The courts enforce commercial contracts, and the judicial system is widely regarded as being fair.  Both foreign and domestic investors have equal access to the judicial system.  Botswana does not have a dedicated commercial court.  The Industrial Court, set up by the Trade Dispute Act of 2004, primarily addresses labor matters.The GoB is planning to create a corps of commercially specialized judges within the civil court system.  Under the new system, commercial cases will be overseen by these commercial judges to expedite handling and ensure relevant expertise.  In 2021, the U.S. government organized a regional Intellectual Property Enforcement training for magistrates and judges in Botswana. Botswana already has a specialized anti-corruption court that handles all corruption cases.Some U.S. litigants have reported that the time to obtain and enforce a judgment in a commercial dispute is unreasonably long.  The turnaround time for civil cases is approximately two years.  To improve adjudications efficiency, the GoB has established a land tribunal, and industrial, small claims, and corruption courts.  In the past several years, some dockets have improved, but progress has been uneven.Local laws are accessible through the Botswana Attorney General’s Office website ( www.elaws.gov.bw ).  It can take up to 24 months for a law, once passed, to appear on the website.																																				Laws and Regulations on Foreign Direct Investment										Under Botswana&#8217;s Company Act, foreigners who wish to operate a business are required to register, as well as obtain, the relevant licenses and permits as prescribed by the Trade Act of 2008.Licenses are required for a wide spectrum of businesses, including banking, non-bank financial services, transportation, medical services, mining, energy provision, and alcohol sales.  Although amendments to the Trade Act have eliminated the catch-all miscellaneous business license category, investors report that some local authorities insist that businesses apply for licenses even when the businesses do not fall within the established categories.  In addition, some businesses have observed that the enforcement of licenses, as well as the time taken for inspections to comply with licensing requirements, varies widely across local government authorities.																																				Competition and Antitrust Laws										Botswana has anti-trust legislation and policies to ensure appropriate and fair competition in business.  Under the Competition Act 2018 and the Consumer Act 2018, the Competition and Consumer Authority (CCA) monitors mergers and acquisitions.  The CCA&#8217;s mandate is to prevent and rectify anti-competitive practices in the market and protect the interests of consumers through the control of unfair business practices throughout the country.  The CCA has however, since January 2022, been forced to close nine of its district offices due to financial constraints. It now has only a head office in Gaborone and an office in Francistown. Interventions to minimize service disruptions were put in place (in addition to social media platforms); these included installation of four lines for consumer complaints, and establishing channels for follow up through WhatsApp messages, SMS, and mobile calls. Notwithstanding that, the CCA handed 1,251 consumer complaint cases in the year 2021/2022, an increase of 7.4 percent from the previous financial year. CCA has resolved 83 percent of those cases.On competition, the CCA regulates mergers and acquisitions to ensure they do not lead to market concentration which might harm both competition and consumer welfare. The CCA is empowered to reject mergers deemed not in the public interest.  CCA interprets this power to mean that it can prohibit mergers that concentrate most shares in the hands of foreign investors. The CCA handled 49 mergers in 2021/22 financial year, a 19 percent increase from 41 mergers registered in the previous year.  The CCA investigated a total of 26 competition-related cases which included cartel conduct, abuse of dominance (through predatory pricing, price discrimination, refusal of access to an essential facility, and margin squeeze), and horizontal agreement through price fixing. Among the initiatives the CCA has established to regulate companies are compliance checks, which the CCA sometimes does in partnership with other regulatory institutions such as the Botswana Communications Regulatory Authority (BOCRA), Public Health Department, and Botswana Police Service.																																				Expropriation and Compensation										Section 8 of Botswana’s Constitution prohibits the nationalization of private property.  However, the Constitution is undergoing a review process which might affect these sections. The GoB has never pursued a forced nationalization policy. Stakeholders indicate this is highly unlikely to occur in Botswana.  The Acquisition of Property Act provides a process for any expropriation, including parameters to determine market value and receive compensation.  The 2007 Amendment to the Electricity Supply Act allows the GoB to revoke an Independent Power Producer’s license and confiscate the operations, with compensation, for public interest purposes.																																				Dispute Settlement																										ICSID Convention and New York Convention						The GoB has ratified the convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958 New York Convention).  Botswana is also a member state of the International Centre for Settlement of Investment Disputes (ICSID Convention), and the Multilateral Investment Guarantee Agency (MIGA).  Botswana is a signatory to many international treaties and participates in more than 40 international organizations.						Investor-State Dispute Settlement						There were no known investment disputes involving U.S. persons as of March 31, 2023. Botswana accepts international arbitration to settle investment disputes.  Judgments by GoB-recognized foreign courts are enforceable in the local courts where the appropriate bilateral agreements between the countries exist.						International Commercial Arbitration and Foreign Courts						There are no known complaints about transparency or discrimination by local courts in Botswana.																										Bankruptcy Regulations										Botswana’s commercial and bankruptcy laws are comprehensive.  Secured and unsecured creditors enjoy similar rights under bankruptcy proceedings as those they would enjoy in the United States.																																												4. Industrial Policies						    																																																Investment Incentives										Botswana has several mechanisms in place to attract FDI.  BITC assists local and foreign investors.  BITC is responsible for promoting FDI, investor aftercare, and promoting locally manufactured goods in export markets.  Through its one-stop service center, BITC assists investors with company registration, land acquisition, factory shells, utility connections, and work and residence permits for essential staff.  Investors’ requests for support from BITC and other agencies are evaluated based on the proposed project’s potential to diversify Botswana’s economy, grow priority sectors, and employ and train Botswana citizens.  The GoB also makes grants available to investors who partner with citizens and will extend credit to investors presenting proposals that have undergone appropriate due diligence and that have completed a feasibility study.  Foreign investors are encouraged to transfer technology to Botswana and skills to Botswana citizens to prepare them for management positions.  The GoB offers training rebates of up to 200 percent for accredited courses to companies that train their employees.Botswana’s tax rates are relatively low with 22 percent on corporate taxable income of resident companies and 10 percent withholding tax on all dividends distributed.  However, non-resident companies are taxed at 30 percent of profit.  MTI may grant manufacturing companies a reduced level of 15 percent taxable income.  Companies may pay the reduced rate of 15 percent of profit with accreditation on approved operations from the Botswana Digital and Innovation Hub or the International Financial Services Centre.  Special Economic Zone licenced operations for businesses operating in the designated zones are taxed at five percent of profit for the first 10 years of operations and charged at 10 percent tax thereafter.The Minister of Finance has the authority to issue development approval orders that are used for specific projects, which include providing tax holidays, education, and training grants.  The Minister must be satisfied the proposed project will benefit Botswana’s economy.  Any firm, local or foreign, may apply for a Development Approval Order through the Permanent Secretary at the Ministry of Finance.  Applications are evaluated against the following criteria: job creation for Botswana citizens; the company&#8217;s training plans for Botswana citizens; the company&#8217;s plans to localize non-citizen positions; Botswana citizen participation in company management; amount of equity held by Botswana citizens in the company; the location of the proposed investment; the project&#8217;s ability to stimulate other economic activities; and the project&#8217;s potential to reduce local consumer prices.  MTI also offers rebates on imported materials for manufacturers that produce products for export.In 2017, Parliament approved and implemented a special incentive package for Selebi-Phikwe to promote economic growth and diversification.  Some of the incentives include a reduced corporate tax of five percent for the first five years and 10 percent thereafter (versus the 22 percent national tax rate), zero customs duty on imported raw materials, rebates for customs duty and value-added tax for any exports outside the SACU, and a minimum of 50 years on land leases (instead of the standard lease of 25 years).The GoB actively encourages clean energy investment through independent power producer (IPP) developed renewable energy projects that have been outlined in the Ministry of Minerals and Energy’s Integrated Resource Plan. These include numerous solar power plants, wind energy power projects, and biogas.  In 2020, the GoB, with the assistance of USAID’s Southern Africa Energy Program (SAEP), launched the Rooftop Solar program to enable limited net metering sales of excess power from rooftop solar installations owned by residential and commercial electricity customers of the Botswana Power Corporate (BPC).  The Botswana Energy Regulatory Authority (BERA) regulates investment in the energy sector and is responsible for setting feed-in tariffs for IPPs.  The GoB includes cooperation with Power Africa (a multi-donor partnership coordinated by the U.S. government) in its renewable energy plans and will use it to prepare the technical foundations for clean energy deployment.																																				Foreign Trade Zones/Free Ports/Trade Facilitation										The Special Economic Zones Authority (SEZA) was established to develop and operate special economic zones around the country.  It earmarked five geographic areas with a total of eight zones and is actively recruiting investors, private developers, and manufacturers.  In 2015, Parliament approved a Special Economic Zones (SEZ) law to streamline investment in sector-targeted geographic areas including two Gaborone area SEZs (multi-use, diamond processing, and financial services); two Selebi-Phikwe SEZs (mineral processing and horticulture); and additional SEZs in Lobatse (beef, leather, biogas); Palapye (energy); Pandamatenga (agriculture); and Francistown (mining and logistics).  The Gaborone financial services zone is fully operational; leasable space is available in the Gaborone multi-use/diamond zone, in addition to companies that already operate in the zone like the Botswana Digital and Innovation Hub (BDIH), Debswana Diamond Company, Diamond Trading Company Botswana (DTCB), Bank of Botswana, Botswana Bureau of Standards (BOBS), and the Diamond Hub (Diamond Technology Park); construction of silos and factory shells is underway in the Pandamatenga zone, while the rest are still to be developed.The Selebi-Phikwe Economic Diversification Unit (SPEDU), another economic diversification agency, though regional and only focused in the greater Selebi-Phikwe region (eastern part of the country), was set up to transform its region into a vibrant economic zone.  The region has its own special incentive packet that was approved by parliament in 2017.  Some of the incentives include a five percent corporate tax for the first five years and 10 percent thereafter, zero customs duty on imported raw materials, minimum 50-year land leases, dedicated One-Stop Services for the region, etc.  BURS has also introduced an electronic Customs Management System to replace the Automated System for Customs Data and launched the National Single Window, an electronic trade platform that makes trading more secure and efficient.																																				Performance and Data Localization Requirements										Performance requirements are not imposed as a condition for establishing, maintaining, or expanding an investment in Botswana.  Foreign investors are encouraged, but not compelled, to establish joint ventures with citizens or citizen-owned companies. Several incentives have been set for local companies, encouraging foreign companies to register companies locally.  Foreign investors wishing to invest in Botswana are required to register the company in accordance with the Companies Act and comply with other applicable legislation. Investors are encouraged, but not required, to purchase from local sources.  The GoB does not require investors to locate in specific geographical areas, use a specific percentage of local content, permit local equity in projects, manufacture substitutes for imports, meet export requirements or targets, or use national sources of financing for private-sector investments.  However, GoB entities, including BITC, base their assistance to foreign investors on the extent to which the investment will diversify the economy, create employment, and transfer skills to Botswana citizens. As a matter of policy, the GoB encourages foreign firms to hire qualified Botswana nationals rather than expatriates.  Work permits for foreign workers may be made contingent upon showing demonstrable localization efforts.  The government may additionally require evidence that a local person is being trained to assume duties currently being fulfilled by a foreign worker, specially focused at the middle-management level.  The GoB offers incentives to companies that train local employees, including the deduction of 200 percent of training expenses when an accredited institution conducts the training.Select grants are available to foreign investors who partner with Botswana citizens.  The Citizen Entrepreneurial Development Agency (CEDA) has established a venture capital fund to provide equity to citizens and ventures between citizens and foreign investors.  Most GoB loans and grants are designed specifically for citizen-owned contracting firms or for small enterprises and are therefore not available to foreign investors.  However, the National Development Bank (NDB) finances both citizens and non-citizens, joint ventures, partnerships, and locally registered foreign owned companies, and covers different sectors of the economy (agriculture, property, education, retail, commerce, etc.).  Plans are underway though to remodel and transform the bank to a dedicated agricultural bank by the end of 2024.The GoB, the largest procuring entity in the country, has directed central government, local authorities, and state-owned enterprises to purchase all products and services from locally based manufacturers and service providers if the goods and services are locally available, competitively priced, and meet tender specifications in terms of quality standards as certified or recognized by the Botswana Bureau of Standards.  Local preferences arise from numerous sources.In 2015, MTI instituted a preferential procurement program for local companies based on company size – small companies receive a 15 percent preferential price margin on GoB procurement, mid-sized companies receive a 10 percent margin, and large companies a five percent margin.  The directive applies to 27 categories of goods and services ranging from textiles to chemicals, and food, in addition to a broad range of consultancy services.  In 2014, the GoB and the Chamber of Mines created a committee to oversee the purchase of mining supplies with a 10 percent preference towards those produced locally.  The 2012 Citizen Economic Empowerment Policy also emphasized the preference for local companies. In 2020, the GoB announced a new policy that all government contracts less than $900,000 were reserved for citizen-owned businesses.  The GoB has enacted in 2021 (came into operation in April 2022) the Economic Inclusion Act to make provision for the establishment of an Economic Empowerment Office, whose mandate is to empower targeted citizens by facilitating their participation in the development and growth of the economy and facilitating the enforcement of various sets of economic empowerment initiatives such as the ones mentioned above.For a foreign firm to qualify with the Department of Industrial Affairs as a local manufacturer or service provider to sell goods or services to the GoB, the firm must be registered with the Registrar of Companies and possess a relevant license or waiver letter.  These procedures can be completed online. However, companies may choose to engage the services of a Company Secretary to perform these and other required documentation services.  Tenders are generally designed based on the products available in the local market and with locally based companies in mind.  In addition, many tenders require local registration as a prerequisite for bids and the GoB frequently breaks up large-scale projects into a series of tenders.  These requirements make it difficult to compete for tenders from outside Botswana.																																												5. Protection of Property Rights						    																																																Real Property										Property rights are enforced in Botswana.  There are three main categories of land in Botswana: freehold, state land, and tribal land.  Tribal and state land cannot be sold to foreigners.  There are no restrictions on the sale of freehold land, but only an estimated five percent of land in Botswana is freehold.  All minerals in Botswana, even those on private lands, are viewed as property of the State.  In the capital city of Gaborone, the number of freehold plots is limited.  In 2019, the GoB increased the rate of transfer duty on the sale and transfer of property to non-citizens (both individuals and companies) from five percent to 30 percent.  The Transfer Duty Amendment Act of 2022 gives exemption to SEZ license holders from paying transfer duty when acquiring immovable property for purposes of operating business in a special economic zone.State land represents about 25 percent of land in Botswana.  On application to the Department of Lands, both foreign-owned and local enterprises registered in Botswana may lease state land for industrial or residential use.  Commercial use leases are for 50 years, and residential leases are for 99 years.  Waiting periods tend to be long for leasehold applications, but subleases from current leaseholders are available.  In 2014, the GoB changed its implementing regulation to allow companies with fewer than five employees to operate in residential areas if their operations do not pose a health or safety risk to residents.Tribal land represents 70 percent of land in Botswana.  To obtain a lease for tribal land, the investor must approach the relevant local Land Board.  Processes are unlikely to be streamlined or consistent across Land Boards.  The Transfer Duty Amendment Act of 2019 also introduced payment of transfer duty on tribal land. At the same time, the re-enacted Tribal Land Act of 2018 and the Deeds Registry Amendment Act of 2017 requires that all tribal land grants be registered with the Deeds Registry. This means that an allocation made by the Land Board is now a transfer chargeable duty requiring a valuation certificate. The GoB is however looking at revising the transfer duty as it has caused some challenges to both citizens and businesses accessing land.Since Botswana’s independence in 1966, the country has incrementally increased the area of tribal land with commensurate decreases of state and freehold land holdings.  Landlord-tenant law in Botswana tends to be moderately pro-landlord.In addition to helping investors who meet its criteria to obtain appropriate land leaseholds, BITC has also built factory units for lease to industrialists with the option to purchase at market value.																																				Intellectual Property Rights										Botswana is not included in the United States Trade Representative (USTR) Special 301 Report or the Notorious Markets List.Botswana’s legal intellectual property rights (IPR) structure is adequate, although some improvements are needed.  The key challenge facing the GoB is effective implementation. CIPA was established in 2014 and is comprised of three offices: the Companies and Business Office, the Industrial Property Office, and the Copyright Office.  Intellectual property is registered through CIPA.  CIPA’s priorities are to strengthen and implement Botswana’s IPR regime and to improve interagency cooperation.  IPR infringement occurs in Botswana primarily through the sale of counterfeit items in low-end sales outlets.  According to CIPA, targeted raids by local law enforcement have reduced the availability of counterfeit goods across the country, although no recent raids have been conducted.  Other common events of intellectual property infringement include the use of photographs without permission on advertisements, copying and selling architectural plans without permission of the architect, using trademarks without permission and misleading customers about the quality of goods. The U.S. government continues to work and support the GoB to modernize and improve enforcement of IPR.IPR is protected under the Industrial Property Act of 2010, which provides protections on patents, trademarks, utility models, industrial designs, handicrafts, traditional knowledge, integrated circuits, and geographic indicators.  The 2000 Copyright and Neighboring Rights Act not only protects art and literary works but also protects intangible creations of the mind, and the 1975 Registration of Business Names Act oversees corporate name and registration procedures.  On March 31, 2022, the Parliament passed (and officially launched in November 2022) the Botswana Intellectual Property Policy (BIPP), which was developed with the assistance of the World Intellectual Property Organization (WIPO).  Its primary aim is to leverage Botswana&#8217;s IP potential for inclusive and sustainable economic growth and development.  Other IPR-related laws include the Competition Act, the Value Added Tax Act, the Botswana Penal Code, the Customs and Excise Duty Act, the Monuments and Relics Act, the Broadcasting Act, and the Societies Act.Botswana is a signatory to the Beijing Treaty on Audiovisual Performances, the Hague Agreement Concerning the International Deposit of Industrial Designs, the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, the Convention establishing the World Intellectual Property Organization (WIPO), the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, the Patent Cooperation Treaty, the Berne Convention for the Protection of Literary and Artistic Works, and the Paris Convention for the Protection of Industrial Property.For additional information about national laws and points of contact at local IP offices, please see WIPO’s country profiles at  http://www.wipo.int/directory/en/. Resources for Rights HoldersGoitseone MontshoEconomic/Commercial Specialist MontshoG@state.gov +267 373-2431Local lawyers’ list:   https://bw.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/attorneys/																																												6. Financial Sector						    																																																Capital Markets and Portfolio Investment										The government encourages foreign portfolio investment, although there are limits on foreign ownership in certain sectors.  It also embraces the establishment of new and diverse financial institutions to support increased foreign and domestic investment and to fill existing gaps where finance is not commercially available.  There are 10 commercial banks, one merchant bank, one offshore bank, three statutory deposit-taking institutions, and one credit union operating in Botswana.  All have corresponding relationships with U.S. banks.  Additional financial institutions include various pension funds, insurance companies, microfinance institutions, stock brokerage companies, asset management companies, statutory finance institutions, collective investment undertakings, and statutory funds.  Historically, commercial banks have accounted for 93.7 percent of total deposits and 93.5 percent of total loans in Botswana.  Access to banking services measured by the number of depositors on adult population improved from 72 percent in 2019 to 76.6 percent in 2020.  Additionally, banks introduced new products and services including enhanced transactional accounts, new cross border payment services, and collaborative arrangements with money-transfer service providers to widen the financial inclusion efforts for the unbanked population.																																				Money and Banking System										The central bank, the Bank of Botswana, acts as banker and financial advisor to the GoB and manages the country’s foreign exchange reserves, administers monetary and exchange rate policies, and regulates and supervises financial institutions in the country.  Its primary objective is to maintain domestic price stability to achieve a stable, sound, and competitive market based financial system. Monetary policy in Botswana is widely regarded as prudent, and the GoB has historically managed to maintain a sensible exchange rate and a stable inflation rate, generally within the target of three to six percent.  This was however changed by the COVID-19 pandemic which pushed annual inflation to new heights, reaching 14.6 percent in August 2022, the highest since November 2008. To cushion this, the central bank increased the Monetary Policy Rate from 1.65 percent in April 2022 to 2.65 percent in August 2022 to date. The situation is however improving with inflation on a downward trend; reported inflation in January 2023 was 9.3 percent. This could be attributable to global and domestic fuel prices as well as the temporary reduction of VAT from 14 to 12 percent (which ended in April 2023) and zero rating of some food commodities.Banks may lend to non-resident-controlled companies without seeking approval from the Bank of Botswana.  Foreign investors usually enjoy better access to credit than local firms do.  In July 2014, USAID’s Development Credit Authority (now the U.S. International Development Finance Corporation), in collaboration with ABSA (formerly Barclays Bank of Botswana), implemented a seven-year program to allow small and medium-sized enterprises (SME) to access up to $15 million in loans to diversify the economy.  The program end date has further been extended to 2027 from an initial extension of year 2024. However, the final date of placing loans is June 2023. To date, there are 22 firms participating in the DFC/ABSA loan guarantee scheme.At the end of 2021, there were a total of 31 companies listed with the Botswana Stock Exchange comprising of 23 companies on the Domestic Board, seven foreign companies across the various Boards, and one company on the Serala Over The Counter (OTC) board. Two companies were de-listed by year end 2022, and no new listings were recorded.  In addition, there were 43 listed bonds and six exchange traded funds (ETFs) listed on the Exchange.  The Domestic Company Index (DCI) grew by 1.9 percent in 2021 while the Domestic Company Total Return Index (DCTRI) grew by 11.1 percent, largely attributable to the global recovery which in turn had a positive impact on the domestic equity market. However, in USD terms, the DCTRI grew by 2.1 percent while the DCI went down by 6.4 percent because of the depreciation of the pula by 8.1 percent during the review period.  The total market capitalization for listed companies at year-end 2021 was $29.7 billion, with domestic companies&#8217; capitalization standing at $2.8 billion while foreign companies&#8217; capitalization stood at $26.9 billion.  The mining and minerals sector continued to dominate the foreign equity board, contributing 94.7 percent of the foreign companies&#8217; market capitalization in 2021 and contributed 0.2 percentage points to the Foreign Company Index (FCI) appreciation of 0.2 percent.  The BSE is still highly illiquid compared to larger African markets and is dominated by mining companies which adds to index volatility.  Laws prohibiting insider trading and securities fraud are clearly stipulated under Section 35-37 of the Securities Act, 2014 and charges for contravening these laws are listed under Section 54 of the same Act.The government has legitimized offshore capital investments and allows foreign investors, individuals and corporate bodies, and companies incorporated in Botswana, to open foreign currency accounts in specified currencies.  The designated currencies are U.S. Dollar, British Pound Sterling, Euro, and the South African Rand.  There are no known practices by private firms to restrict foreign investment participation or control in domestic enterprises.  Private firms are not permitted to adopt articles of incorporation or association which limit or prohibit foreign investment, participation, or control.In general, Botswana exercises careful control over credit expansion, the pula exchange rate, interest rates, and foreign and domestic borrowing.  Banking legislation is largely in line with industry norms for regulation, supervision, and payments.  The use of cheques as a means of payment will be discontinued by December 31, 2023.  The Non-Bank Financial Institutions Regulatory Authority (NBFIRA) was established in 2008 and provides regulatory oversight for the non-banking sector.  It extends know-your-customer practices to non-banking financial institutions to help deter money laundering and terrorist financing. NBFIRA is also responsible for regulating the International Financial Services Centre, a hub charged with promoting the financial services industry in Botswana.																																				Foreign Exchange and Remittances																										Foreign Exchange						There are no foreign exchange controls in Botswana or restrictions on capital outflows through financial institutions.  Commercial banks are required to ensure customers complete basic forms indicating name, address, purpose, and other details prior to process funds transfer requests or loan applications.  The Ministry of Finance monitors data collected on the forms for statistical information on capital flows, but the form does not require government approval prior to processing a transaction and does not delay capital transfers.To encourage portfolio investment, develop domestic capital markets, and diversify investment instruments, non-residents can trade in and issue Botswana pula-denominated bonds with maturity periods of more than one year, provided such instruments are listed on the Botswana Stock Exchange (BSE).  Only Botswana citizens can purchase Botswana’s Letlole National Savings Certificate (equivalent to a U.S. Treasury Bond).  Foreigners can hold shares in BSE-listed Botswana companies.  In fact, foreign investors have accounted for more than a third of trading activity over the years with 36.8 percent of trading activity recorded in 2021 and were net buyers of domestic equities.Travelers are not restricted to the amount of currency they may carry, but they are required to declare to customs at the port of departure any cash amount exceeding P10,000 (approximately $750).  There are no quantitative limits on foreign currency access for current account transactions.Bank accounts denominated in foreign currency are allowed in Botswana, and in 2022 they contributed an average of 19.6 percent of total commercial bank deposits (an increase from 17.8 percent in 2021).  Commercial banks offer accounts denominated in U.S. Dollars, British Pound Sterling, Euros and South African Rand.  Businesses and other bodies incorporated or registered domestically may open accounts without prior approval from the Bank of Botswana.  The GoB also permits the issuance of foreign currency denominated loans.Upon disinvestment by a non-resident, the non-resident is allowed immediate repatriation of all proceeds including profits, rents, and fees.The Botswana Pula has a crawling peg exchange rate and is tied to a basket of currencies of major trading partner countries.  The weights of the pula basket currencies have been maintained at 45 percent for the South African Rand and 55 percent for the Special Drawing Rights (consisting of the U.S. Dollar, the Euro, British Pound, Japanese Yen, and Chinese Renminbi) respectively.  The annual downward rate of crawl of the nominal effective exchange rate (NEER) of the pula was also maintained at 2.87 percent per annum during 2022.  The trade weighted NEER of the pula depreciated in line with the downward rate of crawl in 2022. On the contrary, the real effective exchange rate (REER) appreciated by 2.2 percent in 2022 because of a higher positive inflation difference between Botswana and trading partner countries than the downward rate of crawl. Movements of the South African Rand against the U.S. Dollar heavily influence the Pula.  There is no difficulty in obtaining foreign exchange.  Stakeholders assess that shortages of foreign exchange that would lead banks to block transactions are highly unlikely.						Remittance Policies						There are no restrictions or limitations placed on foreign investors converting, transferring, or repatriating funds associated with an investment.																										Sovereign Wealth Funds										The Bank of Botswana maintains a long-term sovereign wealth fund, known as the Pula Fund, in addition to a regular foreign reserve account providing basic import cover.  The Pula Fund was established under the Bank of Botswana Act and forms part of the country’s foreign exchange reserves, which are primarily funded by diamond revenues.  The Pula Fund is wholly invested in foreign currency-denominated assets and is managed by the Bank of Botswana Board with input from recognized international financial management and investment firms.  All realized market and currency gains, or losses, are reported in the Bank of Botswana’s income statement.  At the end of December 2021, Foreign Exchange Reserves (which forms part of the Pula Fund) amounted to P56 billion ($4.29 billion), a 4.6 percent increase from P53.4 billion ($4.09 billion) recorded at the end of December 2020. This was attributable to several factors including the recovery of the diamond market. The equity portion of the Pula Fund was recorded at P25 billion ($1.91 billion) at the end of December 2021, and increased from P21.6 billion ($1.65 billion) at the end of 2020. Botswana is a founding member of the International Forum of Sovereign Wealth Fund and was one of the architects of the Santiago Principles in 2008.  More information is available at:  https://www.bankofbotswana.bw/sites/default/files/BOTSWANA-PULA-FUND-SANTIAGO-PRINCIPLES.pdf 																																												7. State-Owned Enterprises						    																						State-owned enterprises (SOEs), known as “parastatals,” are majority or 100 percent owned by the GoB.  There is a published list of SOEs at the GoB portal ( www.gov.bw ), with profiles of financial and development SOEs.  Some SOEs are state-sanctioned monopolies, including the Botswana Meat Commission, the Water Utilities Corporation, Botswana Railways, and the Botswana Power Corporation.  The GoB has introduced the Rationalization Strategy which will see some parastatals merged with other entities.The same business registration and licensing laws govern private and government-owned enterprises.  No law or regulation prohibits or restricts private enterprises from competing with SOEs.  Botswana law requires SOEs to publish annual reports, and private sector accountants or the Auditor General audit SOEs depending on how they are constituted.  GoB ministries together with their respective SOEs are compelled on an annual basis to appear before the Parliamentary Public Accounts Committee to provide reports and answer questions regarding their performance.  Some SOEs are not performing well and have been embroiled in scandals involving alleged fraud and mismanagement. Botswana is not party to the Government Procurement Agreement within the framework of the WTO.																										Privatization Program										The GoB is committed to privatization, on paper.  It established a task force in 1997 to privatize all its state-owned companies and formed a Public Enterprises Evaluation and Privatization Agency (PEEPA) to oversee this process. This resulted in an initial Privatization Master Plan (PMP) which was approved in 2005 and subsequently followed by another Master Plan dubbed PMP II.  PMP II was, however, not funded as it was not included in the National Development 11. Implementation of PEEPA’s privatization commitments has been limited to the January 2016 sale offer of 49 percent of the stock of the state-owned Botswana Telecommunications Corporation to Botswana citizens only.  In February 2017, the GoB issued an Expressions of Interest for the privatization of its national airline, but progress stopped due to the decision to re-fleet the airline before privatization.  In 2019, President Masisi announced the Botswana Meat Commission would be placed in the hands of a private management company prior to privatization, but this has yet to occur.  Conversely, the GoB has created new SOEs such as the Okavango Diamond Company, the Mineral Development Company, and Botswana Oil Limited in recent years.  A Rationalization Strategy covering all parastatals has been developed, and its implementation will address issues such as duplication of activities, overlapping mandates and issues of corporate governance.  This may result in some SOEs being privatized or merged while some may be closed.																																												8. Responsible Business Conduct						    																						The GoB, some foreign and local firms, and customers, recognized and embraced Responsible Business Conduct (RBC), although Botswana is not an adherent of the OECD’s RBC Guidelines for Multinational Enterprises and has not specified its definition of RBC.  Large companies in the mining, communications technology, food supply, and financial services sectors have established RBC programs, sponsor projects, and support local nonprofit concerns.  However, the ethos has not taken hold in many smaller firms.  The U.S. Embassy worked with the local chamber of commerce, Business Botswana, on the issue of corporate social responsibility and ethical compliance, to help enlist companies to sign onto a Corporate Code of Conduct that covers, among other things, conflicts of interest, bribery, political interference, political party funding, procurement and bidding, and issues surrounding residence and work permits.  To date more than 300 firms have signed the Code of Conduct.The Companies Act also sets out the expectations of business conduct and governance for directors and shareholders for both private and public companies.  Botswana is not a member of the Extractive Industries Transparency Initiative.  Botswana’s Mines and Minerals Act and associated regulations govern mineral contracts and licenses.  Botswana’s laws and procedures for awarding mining contracts are well developed.  Mining licenses are required to undergo a public comment period before they are awarded, and that rule is followed.																										Additional Resources										Department of StateCountry Reports on Human Rights Practices ( https://www.state.gov/reports-bureau-of-democracy-human-rights-and-labor/country-reports-on-human-rights-practices/)Trafficking in Persons Report ( https://www.state.gov/trafficking-in-persons-report/)Guidance on Implementing the &#8220;UN Guiding Principles&#8221; for Transactions Linked to Foreign Government End-Users for Products or Services with Surveillance Capabilities ( https://www.state.gov/key-topics-bureau-of-democracy-human-rights-and-labor/due-diligence-guidance/)U.S. National Contact Point for the OECD Guidelines for Multinational Enterprises ( https://www.state.gov/u-s-national-contact-point-for-the-oecd-guidelines-for-multinational-enterprises/)Xinjiang Supply Chain Business Advisory ( https://www.state.gov/xinjiang-supply-chain-business-advisory/)Department of the TreasuryOFAC Recent Actions ( https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions )Department of LaborFindings on the Worst Forms of Child Labor Report ( https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings  )List of Goods Produced by Child Labor or Forced Labor ( https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods )Sweat &amp; Toil: Child Labor, Forced Labor, and Human Trafficking Around the World ( https://www.dol.gov/general/apps/ilab )Comply Chain ( https://www.dol.gov/ilab/complychain/ )																																				Climate Issues										The GoB is committed to reducing carbon emissions to 15 percent by 2030 and thus developed major legislative adaptation milestones including a Climate Change Response Policy in April 2021 and the Climate Change Strategy and Action Plan (2018).  The policy promotes access to carbon markets, climate finance, and clean technologies such as solar and wind energy.  Botswana in collaboration with Conservation International has mobilized $36.8 million from the Green Climate Fund to implement ecosystem-based adaptation and mitigation in Botswana’s communal rangelands in three districts (Ngamiland, Bobirwa, and Kgalagadi) running from December 2021 to June 2030.  The project aims to restore vegetation in communal grazing lands that are particularly impacted by climate change thus making cattle-raising more resilient to drought, while at the same time enhancing soil carbon and reducing greenhouse gas emissions. The GoB has also, in collaboration with the UNDP, engaged in biogas pilot projects that aim to deliver small scale digester plants to reduce greenhouse gas emissions by 1,650,000 million tons of carbon dioxide by 2023.  The gas is used for cooking, heating, and lighting.  231 units have been installed, mostly in the southern part of the country.  Standards have been developed to monitor emission concentrations in the country and the GoB has expanded its air monitoring network to cover more areas in the country.  The level of ambient air quality in the country is 95 percent. Bloomberg New Energy Finance (BNEF)’s Climatescope has ranked Botswana number 88 of 107 countries that have the most attractive markets for energy transition projects investments.																																												9. Corruption						    																						Botswana&#8217;s score in Transparency International’s Corruption Perception Index (CPI) has improved, and its score has gone up by five points since 2021. In 2022 Transparency International ranked Botswana at 35 out of 180 countries, a significant improvement from its 2021 ranking of 45 out of 180 countries. The Human Rights Report (HRR) 2022 for Botswana noted continued media reports on government corruption.  The HRR also states that a poll conducted by Transparency International in 2019 indicated that seven percent of those polled had paid bribes to government officials, jumping from only one percent in 2015.  Private sector representatives also note rising corruption levels in government tender procurements.  GoB has vowed to deal with this problem and commits to supporting law enforcement agencies in curbing this problem which also contributes hugely to poor project implementation.The major corruption investigation body is the Directorate on Corruption and Economic Crime (DCEC).  Anecdotal reports on the DCEC’s effectiveness vary.  The DCEC has embarked on an education campaign to raise public awareness about the cost of corruption and is also working with GoB departments to reform their accountability procedures.  Corruption is punishable by a prison term of up to 10 years, a fine of $50,000, or both.  The GoB has prosecuted high-level officials.  Corruption trials and investigations of some government officials on cases of money laundering, abuse of office, receiving bribes and embezzlement of funds continued during 2022 and are still ongoing. The HRR reported that the office of the ombudsperson in the Office of the President handled some maladministration, including some human rights abuses in the public sector.  The GoB officials were reported to be cooperative and responsive to domestic NGO&#8217;s views on most subjects and placed no restrictions on domestic and international human rights groups.The 2000 Proceeds of Serious Crime Act expanded the DCEC&#8217;s mandate to include combatting money laundering.  The 2009 Financial Intelligence Act provides a comprehensive legal framework to address money laundering and establishes a financial intelligence agency (FIA).  An amendment act was approved and commenced in 2022, allowing the continuation of FIA’s existence; the re-construction of the National Coordinating Committee on Financial Intelligence as a high-level committee; to provide for third parties to perform certain customers due diligence measures on specified parties; to allow the agency to initiate an analysis of information based on information in its possession or information received from other sources to establish a suspicious transaction. The FIA, which operates under the Ministry of Finance, cooperates with various institutions, such as Directorate of Public Prosecutions, Botswana Police Service, Bank of Botswana, the Non-Banking Financial Institutions Regulatory Authority, the DCEC, and foreign FIAs to uncover and investigate suspicious financial transactions.  Botswana is a member of the Eastern and Southern Africa Anti-Money Laundering Group, a regional standards-setting body for ensuring appropriate laws, policies, and practices to fight money laundering and the financing of terrorism.Botswana is not a party to the OECD Anti-Bribery Convention, but it is a party to the 2005 United Nations Convention against Corruption.																										Resources to Report Corruption 										Contacts for agencies responsible for combating corruption:Mr. Tshepo Pilane (Acting)Director GeneralDirectorate on Corruption and Economic CrimeMadirelo Extension 6, Gaborone, Botswana+267 3914002/+267 3604200 dcec@gov.bw Ms. Tumelo Motsumi (Acting)Chief Executive OfficerPublic Procurement Regulatory AuthorityPrivate Bag 0058, Gaborone, Botswana+267 3602000 tmotsumi@ppra.co.bw Ms. Bopelokgale SokoDirectorFinancial Intelligence AgencyPrivate Bag 0190, Gaborone, Botswana+267 3998400 kmosimanengaka@gov.bw Complainants can also reach out to Accounting Officers of the procuring entity within 10 days from the date of the publication of the award of a tender.																																												10. Political and Security Environment						    																						The threat of political violence is low in Botswana.  Public demonstrations are rare and seldom turn violent.  The last large-scale strikes, which involved public sector employees, occurred April-June 2011 and were not violent.  In September 2015, roughly 200 people participated in a peaceful march organized by an opposition political party to protest water shortages in the capital.  In August 2016, police forcefully dispersed a small demonstration protesting unemployment outside the National Assembly.  In February and March 2017, some student-led protests occurred at tertiary institutions necessitating police deployment but were not overtly political.  There were multiple reports of police brutality, including the use of rubber whips and rubber bullets.  Another peaceful march against corruption was held in March 2018.  This followed allegations of embezzlement of the National Petroleum Fund by a company charged with managing funds together as well as some GoB officials.  In late 2019, following general election, the Umbrella for Democratic Change (UDC) held a peaceful march of no more than 200 people protesting the election results.																																		11. Labor Policies and Practices						    																						Botswana has a high unemployment rate and a constricted worker skills base.  In her 2023 budget speech, the Minister of Finance reported a slight decline in the unemployment rate from 26 percent recorded in 2021 to 25.4 percent recorded in the fourth quarter of 2022.  Employers can expect to engage in significant training efforts, depending on the industry, due to shortage of skills.  Retention of workers and absenteeism can pose problems.  In addition, managers often cite workforce productivity levels as a point of frustration.  The lack of trained local citizen-professionals is generally addressed by contracting expatriates if they can secure work permits. There is minimal labor strife in Botswana.  In 2015, there were a handful of small and peaceful strikes. The most notable of recent strikes was by a portion of Botswana Unified Revenue Service (BURS) customs officials. As with most unions across sectors, only a portion of BURS officials were unionized, allowing the GoB to maintain customs operations.  As of April 1, 2023, the Botswana Doctors Union (BDU) announced that they will temporarily suspend provision of their services in the emergency-call duty until the government resolves remuneration for hours worked outside their normal working hours.The Employment Act provides basic guidelines for employment in Botswana.  The legislation sets requirements for a minimum wage, length of the workweek, annual and maternity leave, hiring and termination.  Standards set by the Act are consistent with international best practice as described by International Labor Organization (ILO) model legislation and guidelines.Employment-related litigation occurs and is both an example of trust in the court system and a cost to doing business in Botswana.  Employers avoid considerable expense and frustration if they observe the provisions of the Employment Act, relevant labor regulations, and prudence in advance of potential litigation.  Before a potential litigant goes to one of 11 labor courts, the parties must attempt mediation through the Department of Labor.  Court cases offering severance terms for employees laid off due to fluctuating market conditions are also common.  Section 25 of the Employment Act allows employers to terminate contracts for reducing the size of their work force, known as redundancy, using the first-in-last-out principle.  This method of terminating contracts is separate from firing for serious misconduct as specified by Section 26 of the Act. The GoB has social safety net programs in place to assist the unemployed and destitute.Collective bargaining is common in government and the private sector, and the Labor Commissioner can grant collective bargaining authority upon request.  The largest unions are those dedicated to public sector workers.In August 2016, Parliament passed a Trade Disputes Act with a list of services deemed “essential” and not allowed to strike unless the dispute was reported to the commissioner of labor and no action taken within 21 days of reporting. The Ministry of Labor and Home Affairs is coordinating with the ILO and other partners to review labor laws to ensure they align with ILO standards.  The tripartite labor law committee recommended that all services listed as essential be cancelled except aviation, health, electrical, water and sanitation, fire, and air traffic control services.																																		12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs						    																						The DFC is present in Botswana through its previous Overseas Private Investment Corporation (OPIC) and the Development Credit Authority (DCA) programs.Botswana is a member of the Multilateral Investment Guarantee Agency (MIGA), which offers investors protection against inconvertibility, or transfer of currency, expropriation, breach of contract, and war and civil disturbance.The Export Credit Insurance &amp; Guarantee Company (Botswana) Pty. Ltd. allows investors to purchase coverage against certain events and losses such as the insolvency and inability of buyers to pay for purchases, unanticipated import restrictions, or the blockage by the buyer’s country of foreign exchange transfer.																																		13. Foreign Direct Investment Statistics						    																						Table 2: Key Macroeconomic Data, U.S. FDI in Host Country/EconomyHost Country Statistical source*USG or international statistical sourceUSG or International Source of Data:  BEA; IMF; Eurostat; UNCTAD, OtherEconomic DataYearAmountYearAmountHost Country Gross Domestic Product (GDP) ($M USD)2021$159.22021$176.1www.worldbank.org/en/countryForeign Direct InvestmentHost Country Statistical source*USG or international statistical sourceUSG or international Source of data:  BEA; IMF; Eurostat; UNCTAD, OtherU.S. FDI in partner country ($M USD, stock positions)N/AN/A2021$19BEA data available at https://apps.bea.gov/international/factsheet/Host country’s FDI in the United States ($M USD, stock positions)N/AN/A2021$0BEA data available at https://apps.bea.gov/international/factsheet/Total inbound stock of FDI as % host GDP2021$55M202133%UNCTAD data available athttps://unctad.org/topic/investment/world-investment-report* Source for Host Country Data: Statistics Botswana and Bank of BotswanaData from IMF regarding direct investment for Botswana for 2021 indicate that total inward direct investment was $5 billion of which $4.4 billion came from the top five countries: the United Kingdom, South Africa, Mauritania, Cayman Islands, and Canada. Outward investment was $1 billion with $773 for the top five countries: Namibia, Tanzania, Mozambique, South Africa, and Zimbabwe.Table 3: Sources and Destination of FDIDirect Investment from/in Counterpart Economy DataFrom Top Five Sources/To Top Five Destinations (US Dollars, Millions)Inward Direct InvestmentOutward Direct InvestmentTotal Inward4,367100%Total Outward773100%United Kingdom2,61360%Namibia52268%South Africa1,05724%Tanzania9312%Mauritania3127%Mozambique679%Cayman Islands3077%South Africa527%Canada782%Zimbabwe395%&#8220;0&#8221; reflects amounts rounded to +/- USD 500,000.																																		14. Contact for More Information						    																						Goitseone MontshoEconomic/Commercial Specialist+267 395-3982 / 373-2431MontshoG@state.gov																										    							View report by:																				Albania											Algeria											Andorra											Angola											Antigua and Barbuda											Argentina											Armenia											Australia											Austria											The Bahamas											Azerbaijan											Bahrain											Bangladesh											Barbados											Belarus											Belgium											Belize											Benin											Bolivia											Bosnia and Herzegovina											Botswana											Brazil											Brunei											Bulgaria											Burkina Faso											Burma											Burundi											Cabo Verde											Cambodia											Cameroon											Canada											Chile											China											Colombia											Costa Rica											Côte d’Ivoire											Croatia											Cyprus											Czechia											Democratic Republic of the Congo											Denmark											Djibouti											Dominica											Dominican Republic											Ecuador											Egypt											El Salvador											Equatorial Guinea											Eritrea											Estonia											Eswatini											Ethiopia											Fiji											Finland											France and Monaco											The Gambia											Gabon											Georgia											Germany											Ghana											Greece											Grenada											Guatemala											Guinea											Guyana											Haiti											Honduras											Hong Kong											Hungary											Iceland											India											Indonesia											Iraq											Ireland											Israel											Italy											Jamaica											Japan											Jordan											Kazakhstan											Kenya											Kosovo											Kyrgyz Republic											Laos											Latvia											Lebanon											Lesotho											Liberia											Libya											Lithuania											Luxembourg											Macau											Madagascar											Malawi											Malaysia											Maldives											Mali											Malta											Marshall Islands											Mauritania											Mauritius											Mexico											Micronesia											Moldova											Mongolia											Montenegro											Morocco											Mozambique											Namibia											Nepal											Netherlands											New Zealand											Nicaragua											Niger											Nigeria											North Macedonia											Norway											Oman											Pakistan											Palau											Panama											Papua New Guinea											Paraguay											Philippines											Peru											Poland											Portugal											Qatar											Republic of the Congo											Romania											Rwanda											Saint Kitts and Nevis											Saint Lucia											Saint Vincent and the Grenadines											Samoa											Sao Tome and Principe											Saudi Arabia											Senegal											Serbia											Seychelles											Sierra Leone											Singapore											Slovakia											Slovenia											Somalia											South Africa											South Korea											South Sudan											Spain											Sri Lanka											Suriname											Sweden											Switzerland											Taiwan											Tajikistan											Tanzania											Thailand											Timor-Leste											Togo											Trinidad and Tobago											Tunisia											Türkiye											United Arab Emirates											Uganda											Ukraine											United Kingdom											Uruguay											Uzbekistan											Vietnam											West Bank and Gaza											Zambia											Zimbabwe															Build A Custom Report																						On This Page				search													>																										EXECUTIVE SUMMARY																1. Openness To, and Restrictions Upon, Foreign Investment																																							Policies Towards Foreign Direct Investment																																																						Limits on Foreign Control and Right to Private Ownership and Establishment																																																						Other Investment Policy Reviews																																																						Business Facilitation																																																						Outward Investment																																																			2. Bilateral Investment and Taxation Treaties																3. Legal Regime																																							Transparency of the Regulatory System																																																						International Regulatory Considerations																																																						Legal System and Judicial Independence																																																						Laws and Regulations on Foreign Direct Investment																																																						Competition and Antitrust Laws																																																						Expropriation and Compensation																																																						Dispute Settlement																																																				ICSID Convention and New York Convention																																												Investor-State Dispute Settlement																																												International Commercial Arbitration and Foreign Courts																																																																																				Bankruptcy Regulations																																																			4. Industrial Policies																																							Investment Incentives																																																						Foreign Trade Zones/Free Ports/Trade Facilitation																																																						Performance and Data Localization Requirements																																																			5. Protection of Property Rights																																							Real Property																																																						Intellectual Property Rights																																																			6. Financial Sector																																							Capital Markets and Portfolio Investment																																																						Money and Banking System																																																						Foreign Exchange and Remittances																																																				Foreign Exchange																																												Remittance Policies																																																																																				Sovereign Wealth Funds																																																			7. State-Owned Enterprises																																							Privatization Program																																																			8. Responsible Business Conduct																																							Additional Resources																																																						Climate Issues																																																			9. Corruption																																							Resources to Report Corruption 																																																			10. Political and Security Environment																11. Labor Policies and Practices																12. U.S. International Development Finance Corporation (DFC), and Other Investment Insurance or Development Finance Programs																13. Foreign Direct Investment Statistics																14. Contact for More Information																						Tags																					Botswana																								Bureau of African Affairs																								Bureau of Economic and Business Affairs
- Botswana HomeReportsOffice to Monitor and Combat Trafficking in Persons2023 Trafficking in Persons Report&#8230;Botswana				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2023 Trafficking in Persons Report: Botswana																																					Office to Monitor and Combat Trafficking in Persons																																																																																																				 In this section										/																							BOTSWANA (Tier 2 Watch List)																																													BOTSWANA (Tier 2 Watch List)																															PRIORITIZED RECOMMENDATIONS:																																																																																		PROSECUTION																																																																																		PROTECTION																																																																																		PREVENTION																																																																																		TRAFFICKING PROFILE:																																																																																																								BOTSWANA (Tier 2 Watch List)				The Government of Botswana does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.  These efforts included investigating slightly more trafficking crimes; continuing to refer all identified victims to services; increasing cooperation with foreign governments to investigate and prosecute cross-border trafficking crimes; and seeking trafficking survivors’ input in drafting a new NAP.  However, the government did not demonstrate overall increasing efforts compared with the previous reporting period, even considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity.  The government did not initiate any new prosecutions or convict any traffickers.  The government did not amend the anti-trafficking law to remove sentencing provisions that allow fines in lieu of imprisonment.  The government identified fewer trafficking victims and remained without formal procedures to identify and refer victims to care, hindering overall protection efforts.  The government continued to rely on civil society to provide most victim services and did not report providing adequate in-kind or financial support for these efforts.  Government efforts to regulate labor recruitment agencies remained minimal, increasing Batswana migrant workers’ vulnerability to trafficking.  Therefore Botswana was downgraded to Tier 2 Watch List.																																					PRIORITIZED RECOMMENDATIONS:						    																																															Significantly increase efforts to investigate and prosecute trafficking crimes and seek adequate penalties for convicted traffickers, which should involve significant prison terms.Amend the anti-trafficking law to remove sentencing provisions that allow fines in lieu of imprisonment.Develop and implement formal SOPs for victim identification and referral to care, and train stakeholders on their use.Systematically and proactively identify trafficking victims by screening for trafficking indicators among vulnerable populations, including individuals in the San community, cattle farm workers, migrant workers, refugees, and Cuban medical workers, and refer all identified trafficking victims to appropriate protection services.Increase the availability of protection services – including short-term shelter, long-term housing, counseling, and medical care – for all trafficking victims, including by partnering with and allocating increased funding to NGOs that provide victim care.Conduct comprehensive training for prosecutors and judges on the 2014 anti-trafficking law and hold workshops to foster collaboration and more effectively adjudicate trafficking cases.Finalize, approve, and allocate dedicated resources to implement an updated NAP.Provide specialized anti-trafficking training to labor inspectors to identify and report potential trafficking crimes to appropriate officials.Train government-supported NGO shelter staff on victim-centered, trauma-informed care approaches and ensure trafficking survivors’ freedom of movement while residing in shelters.Support the provision of legal identity documents among vulnerable populations, including Indigenous peoples, at-risk undocumented migrants, refugees, and stateless individuals.Implement and consistently enforce strong regulations and oversight of labor recruitment companies, including by eliminating recruitment fees charged to migrant workers and holding fraudulent labor recruiters criminally accountable.Conduct public awareness campaigns, particularly in rural areas.																																												PROSECUTION						    																																															The government decreased anti-trafficking law enforcement efforts.  The 2014 Anti-Human Trafficking Act criminalized sex trafficking and labor trafficking and defined trafficking broadly to include all child labor.  The law prescribed penalties of up to 25 years’ imprisonment, a fine of 500,000 pula ($39,250), or both, which were sufficiently stringent; however, by allowing for a fine in lieu of imprisonment, with regard to sex trafficking, these penalties were not commensurate with those for other serious crimes, such as rape.  Section 57 of the 2009 Children’s Act criminalized inducing, coercing, or encouraging a child to engage in “prostitution” and prescribed penalties of two to five years’ imprisonment or a fine of 50,000 pula ($3,930), or both, penalties which were significantly lower than those prescribed under the 2014 anti-trafficking act.  During the previous reporting period, the government drafted amendments to the 2014 anti-trafficking act to increase the penalties for trafficking crimes; however, the amendments remained pending parliament’s review for the second consecutive reporting period.  The government, in partnership with an international organization, previously drafted implementing regulations for the 2014 anti-trafficking act to make it easier for judges and prosecutors to use and submitted them to the Anti-Human Trafficking Committee (AHTC); the implementing regulations remained pending the AHTC’s approval for the third consecutive reporting period.The government investigated four trafficking cases, compared with initiating one investigation in the previous reporting period.  The government did not initiate any new prosecutions, compared with two prosecutions initiated in the previous reporting period.  The government reported 15 prosecutions initiated in previous reporting periods remained ongoing.  The government did not convict any traffickers, compared with four convictions in the previous reporting period.  Observers reported the protracted nature of the judicial system and the lack of qualified interpreters hindered authorities’ ability to efficiently prosecute trafficking crimes.  The government did not report any investigations, prosecutions, or convictions of government employees complicit in human trafficking crimes.  Observers continued to report the government largely permitted child labor in agriculture, in some cases forced, to continue without oversight.  In previous years, observers reported low-level officials, including police officers and labor inspectors, may have ignored trafficking crimes, including by providing advance notice to farm owners before labor inspections.The Directorate of Public Prosecution (DPP) continued to support specialized anti-trafficking units and monitored the investigation and prosecution of trafficking cases.  The Botswana Police Service (BPS) training academy continued to include a human trafficking module in its curriculum to educate recruits and in its in-service training for officers on the anti-trafficking law, victim identification, and investigation of human trafficking cases.  The DPP conducted two trainings for Batswana government officials on various human rights topics, including human trafficking.  Despite trainings, observers reported some officials continued to lack an understanding of human trafficking, which may have led to cases going unidentified.  Officials reported cooperating with an international law enforcement organization and foreign governments, including Eswatini, South Africa, and Zimbabwe on human trafficking investigations and prosecutions.  The government signed a cooperation agreement with the Government of Rwanda to enhance law enforcement collaboration on transnational crimes, including human trafficking.																																												PROTECTION						    																																															The government decreased victim protection efforts.  The government identified 14 trafficking victims, compared with 31 victims identified in the previous reporting period.  Of the 14 victims identified, traffickers exploited 10 in labor trafficking, and four in unspecified forms of trafficking; 13 were adults (nine men and four women) and one was a girl; all 14 victims were foreign nationals from Bangladesh, Ethiopia, the Democratic Republic of the Congo (DRC), and Zambia.  The government remained without formal trafficking victim identification SOPs and did not fully operationalize the 2014 law’s victim referral measures.  The government continued to use existing child protection procedures to refer potential child trafficking victims to care.  Law enforcement maintained primary responsibility for victim identification, and the Department of Social Protection (DSP) administered and facilitated the provision of services.The government reported referring all 14 identified victims to care.  The government could offer shelter, basic needs, counseling, medical care, and other services to trafficking victims through government-supported NGO shelters for GBV victims.  This compared with all 31 identified victims referred to care in the previous reporting period.  Observers reported the lack of available shelters resulted in victims temporarily staying in hotels or police stations, hindering the provision of overall protection services.  Some government-supported NGO shelters did not permit adult trafficking victims to leave shelters unchaperoned or to work outside of them.  Observers reported protection services available to trafficking victims remained limited and short-term, and government officials often quickly returned victims to their home communities without additional services.  The government did not report the amount of funding it provided to NGOs providing care for trafficking victims, compared with providing 2.78 million pula ($218,230) to NGOs in the previous reporting period.  The government repatriated one trafficking victim identified in a previous reporting period to Tanzania.  The DSP continued to provide counseling services to foreign victims prior to their repatriation.The government did not have a formal policy of providing long-term shelter, residency, or legal alternatives to removal to countries in which foreign trafficking victims would face retribution or hardship.  The government provided victim-witnesses participating in criminal proceedings with various forms of assistance, including temporary immigration relief, funding for transportation and lodging, and security services.  Botswana law allowed courts to order convicted traffickers to pay restitution to trafficking victims.  Due to a lack of formal identification procedures, authorities may have detained or deported some unidentified trafficking victims among vulnerable populations, particularly individuals in commercial sex or undocumented migrants.																																												PREVENTION						    																																															The government decreased efforts to prevent trafficking.  The AHTC, chaired by the Ministry of Justice (MOJ), coordinated the government’s anti-trafficking efforts and met regularly.  The government did not report the amount of funding allocated to anti-trafficking efforts, compared with 1.19 million pula ($93,410) to support district councils’ anti-trafficking efforts and 622,980 pula ($48,900) for national coordination and capacity building in the previous reporting period.  The AHTC continued to implement the 2018-2022 NAP, which expired during the reporting period.  In 2021, the MOJ, in partnership with the AHTC, civil society stakeholders, and trafficking survivors, began drafting an updated NAP; however, the government did not report finalizing the updated NAP.  The government conducted awareness-raising campaigns at schools to educate students and teachers on human trafficking vulnerabilities.  The BPS continued to operate a hotline for GBV, which was equipped to accept human trafficking inquiries and make referrals.  The hotline reported identifying and referring to services eight trafficking victims.  The Ministry of Labor and Home Affairs operated a hotline to report potential labor violations, including labor trafficking; the hotline did not report receiving any calls related to trafficking.The government required licensure and standards for labor recruiters under the Employment Act; however, it remained without procedures to screen for potential trafficking indicators in the labor recruitment process.  Without means for enforcement, the government relied on recruitment agencies to proactively screen and self-report; the government did not report recruitment agencies making such efforts.  Moreover, Botswana law did not prohibit labor recruitment practices that traffickers commonly exploit, including charging of recruitment fees, confiscation of workers’ passports, unilateral contract switching, and withholding of wages.  In previous years, the government collaborated with an international organization to identify fraudulent recruitment agencies operating within the country; however, the government did not report making such efforts during the reporting period.Labor inspectors overseeing working conditions in the country conducted inspections, primarily in the agriculture sector; however, the government did not report training labor inspectors on human trafficking or efforts to report potential trafficking crimes identified during inspections to law enforcement.  Labor inspectors continued to lack adequate resources to conduct routine inspections throughout the country, including in informal sectors where children remained especially vulnerable to trafficking.  Enrollment in school required an identity document, usually a birth certificate or other national card known as an omang.  Children without identity documents, including those in rural areas and among the San population, remained particularly vulnerable to trafficking without the option to attend school.  The government did not report providing anti-trafficking training to its troops prior to their deployment as peacekeepers.  The government did not provide anti-trafficking training to its diplomatic personnel.  The government did not make efforts to reduce the demand for commercial sex acts.																																												TRAFFICKING PROFILE:						    																																															As reported over the past five years, human traffickers exploit domestic and foreign victims in Botswana, and traffickers exploit victims from Botswana abroad.  Traffickers exploit unemployed women, individuals from rural areas, agricultural workers, and children in sex and labor trafficking.  Traffickers exploit Batswana girls and women in sex trafficking in brothels, bars, and in the streets.  Traffickers use social media and other online platforms to post false employment opportunities to recruit and exploit girls in sex trafficking.  Some parents in low-income rural communities send their children to live and work for wealthier relatives or acquaintances in cities or in agriculture and cattle farming in remote areas; traffickers abuse this cultural practice to exploit children in sex and labor trafficking.  Extended family members may subject young Batswana domestic workers to conditions indicative of forced labor, including denial of education and basic necessities, delayed or non-payment of salaries, confinement, and verbal, physical, or sexual abuse.  Owners of private cattle farms and ranches in Botswana’s rural west, particularly in Ghanzi district, exploit adults and children from the San community in labor trafficking.  Most cattle farm owners are white emigres from South Africa, whose relationships with local government officials allow them to avoid inspection.  Botswana’s laws allow for conviction of political prisoners, and the government may have subjected such prisoners to unlawful forced labor for private gain, including to private contractors outside of prisons.  Traffickers exploit Batswana adults and children in labor trafficking, including domestic servitude and agricultural work, in other African countries, including Cameroon, South Africa, and Zimbabwe.Botswana hosts more than 900 refugees and asylum-seekers, primarily located in Dukwi Refugee Camp.  Refugees are generally required to live within the camps with restricted movement and limited access to educated and livelihood opportunities, increasing their vulnerability to sex and labor trafficking.  Reports indicate traffickers exploit child refugees in sex trafficking around the camp with foreign truck drivers transiting Botswana often as the customers.  Traffickers intercept and exploit Central African economic migrants transiting Botswana to South Africa.  Traffickers, including organized networks, transport some child sex trafficking victims from neighboring countries, including South Africa, Zimbabwe, and DRC, as well as Nigeria and East African countries, through Botswana en route to exploitation in South Africa.  Traffickers exploit foreign nationals, including children, from other African countries and South Asia, in sex and labor trafficking in Botswana.  Cuban nationals working in Botswana may have been forced to work by the Cuban government.																																				    							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- Botswana HomeReportsOffice of International Religious Freedom2022 Report on International Religious Freedom&#8230;Botswana				hide	document.addEventListener("DOMContentLoaded", function(event) {	if(window.jQuery) {		jQuery( document ).ready(function() {			if (jQuery(".bc_middle").hasClass("collapse")) {				jQuery(".bc_ellipse").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});				jQuery(".bc_hide").click(function(){					jQuery(".bc_hide").toggleClass("visible");					jQuery(".bc_middle").toggle();					jQuery(".bc_ellipse").toggle();					jQuery(".bc_content").toggleClass("noflex");					jQuery(".block_breadcrumbs_content").toggleClass("noflex");				});			} else {				jQuery(".bc_ellipse").hide();			}		});	}});																							2022 Report on International Religious Freedom: Botswana																																					Office of International Religious Freedom																																																																																							Download Report																																																																																	 In this section										/																							Executive Summary																																													Executive Summary																															Section I. Religious Demography																																																																																		Section II. Status of Government Respect for Religious Freedom																																																									Legal Framework																																																																											Government Practices																																																																																	Section III. Status of Societal Respect for Religious Freedom																																																																																		Section IV. U.S. Government Policy and Engagement																																																																																																								Executive Summary				The constitution provides for freedom of religion, with certain exceptions, and for protection against governmental discrimination based on creed. It also provides for freedom of thought and religion, the right to change religion or belief, and the right to manifest and propagate religion or belief in worship, teaching, practice, and observance.In February, the government amended the Societies Act, which governs the operations of businesses, societies, and organizations, including churches, to protect those organizations against financial abuse and strengthen the act’s compliance with the country’s anti-money-laundering regime. This move drew significant resistance from interfaith groups, who said they were not consulted. Some members of the Botswana Council of Churches (BCC) said they had reservations regarding a clause in the amended act that would prevent clergy charged or convicted under the act from being appointed to future religious positions, even after completing their sentences. They also stated that churches should not be regulated by the broader Societies Act, but by a separate law covering religious groups only. The BCC also raised its concerns with President Mokgweetsi Masisi. The government continued to pursue court cases involving unregistered churches and required pastors of some of those churches to apply for visas – even those from countries whose nationals were normally allowed visa-free entry.Representatives of religious organizations, including Christian and Muslim, again said that interfaith relations were strong. BCC members described their project with the Ministry of Health to address issues of alcohol and substance abuse. The representatives agreed that there was a high degree of tolerance for religious diversity in the country. The Botswana Muslim Association visited the Gaborone Prison regularly to minister to Muslim prisoners.U.S. embassy officials met on several occasions with representatives of religious groups to discuss religious freedom, interreligious relations, community engagement, and the role of the interfaith community in social change. Specific topics included the impact of the amended Societies Act on religious groups, government tolerance of minority religious groups, and the importance of interfaith cooperation to address community challenges.																														Section I.													 Religious Demography												    																																															The U.S. government estimates the total population at 2.4 million (midyear 2022).  According to the country’s 2011 Population and Housing Census data on the population, age 12 and older (the most recent government data available on religious membership), 79 percent of citizens are members of Christian groups, 15 percent espouse no religion, 4 percent are adherents of the Badimo indigenous religious group, and all other religious groups together constitute less than 2 percent of the population.  The World Religion Database estimated in 2020 that 71.6 percent of the population are Christian, 27 percent members of indigenous religious groups, such as the Badimo, with all other religious groups, or those not espousing religion, comprising the remainder.Anglicans, Methodists, and members of the United Congregational Church of Southern Africa make up the majority of Christians.  There are also Lutherans, Roman Catholics, members of The Church of Jesus Christ of Latter-day Saints, Seventh-day Adventists, Jehovah’s Witnesses, Baptists, Mennonites, and members of the Dutch Reformed Church and other Christian denominations.  According to the 2011 census, there are approximately 11,000 Muslims (more recent sources suggest a number of approximately 8,000), many of whom are of South Asian origin.  There are small numbers of Hindus, Baha’is, Buddhists, Sikhs, and Jews.  Immigrants and foreign workers are more likely to be members of non-Christian religious groups than native-born citizens.																																					Section II.													 Status of Government Respect for Religious Freedom												    																																																Legal Framework										Under its broader protections of freedom of conscience, the constitution provides for freedom of thought and religion, the right to change religion or belief, and the right to manifest and propagate religion or belief in worship, teaching, practice, and observance. The constitution’s provision of rights also prohibits discrimination based on creed. The constitution permits the government to restrict these rights in the interest of protecting the rights of other persons, national defense, public safety, public order, public morality, or public health when the restrictions are deemed “reasonably justifiable in a democratic society,” such as during the 2020-22 COVID-19 crisis, when the government limited the size of regular religious gatherings and meetings.The constitution permits religious groups to establish places for religious instruction at their expense. The constitution prohibits requiring religious instruction or participation in the religious ceremonies of a religion other than one’s own. The constitution also prohibits compelling an individual to take an oath contrary to that individual’s religious beliefs. The penal code criminalizes hate speech towards any person or group based on “race, tribe, place of origin, color or creed” and imposes a maximum fine of 500 pula ($39) per violation. Hate speech is defined as saying in public or publishing anything that “expresses hatred against a person because of their race, tribe, place of origin, color or creed.”All organizations, including religious groups, must register with the government. To register, a group must submit its constitution to the Registrar of Societies section of the Ministry of Labor and Home Affairs. Registration enables religious groups to conduct business, sign contracts, and open a local bank account. In order to register, new religious groups must have a minimum of 150 members. For previously registered religious groups, the membership threshold is 10. Any person who manages, assists in the management of, or holds an official position in, an unregistered group is subject to a fine of up to 1,000 pula ($79) and up to seven years in prison. Any member of an unregistered group is subject to penalties, including fines up to 500 pula ($39) and up to three years in prison. According to 2019 data from the Registrar of Societies (the latest available), there are 2,318 registered religious organizations in the country. In February, the government amended the Societies Act with the stated aim of countering money laundering. The amended Societies Act requires all societies, including registered religious groups, to reregister with the Registrar of Societies. It also introduces qualification criteria for the officers of registered societies, including pastors, who are required to possess theology certification from a reputable institution to ensure that they are fit to perform their functions.Government policy permits students to wear a hijab or religiously based head covering in public schools.The country is a party to the International Covenant on Civil and Political Rights.																																				Government Practices										Leaders of some interfaith groups said they were dissatisfied that the government did not consult with them regarding the amendments to the Societies Act that addressed money laundering. BCC members said they had reservations concerning a clause in the amended act that stipulates that any member of the clergy who was convicted and charged for any offense should not be appointed to any religious position even after serving his or her sentence. The BCC elevated its concerns to President Masisi. They also stated that churches should not be regulated by the Societies Act and called for the government to develop a separate law that would govern the conduct of all religious groups.The government continued to pursue court cases involving unregistered churches (sometimes called “fire churches”) it said were coming into the country to “take advantage of” local citizens by demanding tithes and donations for routine services or special prayers. The government required all pastors to have a certificate in theology and further required pastors of some of the unregistered churches to apply for visas – even those from countries whose nationals were normally allowed visa-free entry. The government said in 2019 that it was reviewing the visa policy for these foreign pastors, but as of year’s end, authorities had not released the results of this review or announced any changes.Optional religious education remained part of the curriculum in public schools. This curriculum continued to emphasize Christianity, but it also discussed other religions practiced in the country. Government regulation of private schools did not distinguish among Christian, Muslim, or secular schools.Although government meetings usually opened with a Christian prayer, members of non-Christian groups occasionally led prayers as well.																																					Section III.													 Status of Societal Respect for Religious Freedom												    																																															Representatives of religious organizations, including Christian and Muslim, again said that interfaith relations were strong.  BCC members described their project with the Ministry of Health to address the country’s widespread alcohol and substance abuse problem through joint workshops and awareness raising.  The representatives agreed that there was a high degree of tolerance for religious diversity in the country.  The Botswana Muslim Association visited Gaborone Prison regularly to teach about Islam and provide religious guidance to prisoners.																																					Section IV.													 U.S. Government Policy and Engagement												    																																															U.S. embassy officials regularly engaged with Muslim, Buddhist, Christian, and other religious representatives to discuss issues related to religious freedom, interreligious relations, and community engagement.  The main issue of concern centered around the amended Societies Act and its impact on organized religious groups.  BCC members outlined their misgivings regarding the act and recounted details of their meetings with government officials on the issue.  Other general topics discussed included the government’s tolerance of minority religious groups and interfaith cooperation to address community challenges.																																				    							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Religious Demography																																																	Section II. Status of Government Respect for Religious Freedom																																							Legal Framework																																																						Government Practices																																																			Section III. Status of Societal Respect for Religious Freedom																																																	Section IV. U.S. Government Policy and Engagement																																																							Tags																					Botswana																								Bureau of African Affairs																								Office of International Religious Freedom																																Religious Freedom