VZCZCXRO5910
PP RUEHBZ RUEHDU RUEHMR RUEHRN
DE RUEHOR #0584 2051557
ZNY CCCCC ZZH
P 241557Z JUL 09
FM AMEMBASSY GABORONE
TO RUEHC/SECSTATE WASHDC PRIORITY 5922
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEAUSA/DEPT OF HHS WASHDC
RHMFISS/HQ USAFRICOM STUTTGART GE

C O N F I D E N T I A L GABORONE 000584 
 
SIPDIS 
 
STATE FOR L 
JUSTICE FOR JONATHAN WELCH 
 
E.O. 12958: DECL: 07/24/2019 
TAGS: PREL AMGT APER BC
SUBJECT: KHAMA TO DECIDE ON RESIDENCY FOR USG DEPENDENT 
 
REF: GABORONE 554 
 
Classified By: Ambassador Stephen J. Nolan for reasons 1.4(b) and (d) 
 
¶1. (U) This is an action request, please see paragraph 6. 
 
¶2. (C) The GOB's unwillingness to issue an exemption 
certificate (the diplomatic residency permit) for the adopted 
child of a gay Mission employee (reftel) was raised both 
during a telephone conversation with the Minister of Foreign 
Affairs and International Cooperation Phandu Skelemani  on 
July 23 and during a meeting the following day with the 
Foreign Minister and the Attorney General (AG), Athalia 
Molokomme.  The call and meeting were predominantly about the 
writ of attachment for of a USG property, but the Ambassador 
used the occasion to also raise this long-standing issue and 
stress the importance of its resolution.  During the 
telephone call, Minister Skelemani stated that President 
Khama had been briefed on the issue, with the AG recommending 
that the permit not be issued.  However, Minister Skelemani 
said he is requesting a meeting with the President and the AG 
to discuss this further and to try to get the residency 
permit issued.   The Ambassador thanked the Minister for his 
assistance in this matter. 
¶3. (SBU) The Ambassador raised the issue again during the 
meeting the following day and framed the problem as the GOB 
failing to recognize legal documents of the United States. 
He stated that all normally required documents were presented 
in good faith and he does not understand why the residency 
permit has not yet been issued.  He stated that a failure to 
resolve this issue could possibly have an even greater impact 
than the issue of the sale of the USG property.  Minster 
Skelemani again stated that this would be addressed in a 
meeting next week with himself the AG and the President, but 
offered no other comment. 
¶4. (C) COMMENT:  The irony of this situation is that both our 
employee and his partner have already been issued residency 
documents, so the GOB has in essence agreed to the residency 
of this gay couple.  Minister Skelemani has told the 
Ambassador in the past that it is his belief that the permit 
should be issued and this is truly an issue of recognizing 
legal documents from the United States.  He,s the good cop. 
However, according to the Chief of Protocol in the Office of 
the President, Ms. Dahpne Kadiwe, who was speaking 
confidentially, it is primarily an issue of law and precedent 
precipitated by having both men listed on the child,s birth 
certificate.  According to her, Botswana has already 
discouraged three other diplomatic missions from assigning 
same-sex couples to Botswana.   There are (largely 
unenforced) laws making homosexuality illegal here.  They 
wish to avoid giving the impression of condoning such 
activity which is not only illegal but also contrary to 
Botswana,s traditions and culture.  They are also concerned 
about the precedent a positive response would set in view of 
the GOB having said &no8 to other diplomatic missions. End 
Comment. 
¶6. (C)  ACTION REQUEST: Post requests language from L that 
could be included in a Diplomatic Note to the Ministry of 
Foreign Affairs complaining about the lengthy delay in 
issuance of a residency permit to the child of a U.S. 
Diplomat.  Additionally, as it is possible that President 
Khama may well decide to refuse to issue the residence 
permit, post would like advice from Washington on possible 
responses to this outcome, such as possible talking points 
for a potential call on President Khama.  End Action Request. 
NOLAN