R 211013Z JUN 96
FM AMEMBASSY GABORONE
TO SECSTATE WASHDC 0735
INFO AMEMBASSY MASERU 
AMEMBASSY MAPUTO 
AMEMBASSY DAR ES SALAAM 
AMEMBASSY HARARE 
AMEMBASSY LUSAKA 
AMEMBASSY LUANDA 
AMEMBASSY PRETORIA 
USMISSION USUN NEW YORK 
AMEMBASSY WINDHOEK 
AMEMBASSY PORT LOUIS 
AMEMBASSY LILONGWE 
AMEMBASSY MBABANE

UNCLAS SECTION 01 OF 04 GABORONE 002824 
 
 
DEPARTMENT FOR U/S WIRTH 
 
FOR PDAS BUSHNELL AND AF/S BLANEY 
 
PLEASE PASS TO AID/AFR/SA 
 
E.O. 12958:  N/A 
TAGS: SOCI KWMN SADC BC
SUBJECT:  STATUS OF WOMEN IN THE SADC REGION:  BOTSWANA 
 
REF:  A) STATE 112270 B) 95 GABORONE 6846 C) 95 GABORONE 
6794 D) 95 GABORONE 6246 
 
¶1.  SUMMARY:  BOTH THE GOB AND THE BOTSWANA WOMEN'S NGO 
NETWORK ARE ACTIVELY DEMONSTRATING THEIR COMMITMENT TO 
THE IMPLEMENTATION OF THE BEIJING PLATFORM OF ACTION, 
BOTH AT THE NATIONAL AND THE SOUTHERN AFRICAN SUB- 
REGIONAL LEVELS.  THE GOB IS SIMULTANEOUSLY MAKING 
PROGRESS ON SEVERAL FRONTS, INCLUDING ITS REVIEW OF 
POTENTIALLY DISCRIMINATORY LEGISLATION, CONSULTATIVE 
PROCEDURES ON THE CONVENTION ON THE ELIMINATION OF ALL 
FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW), JOINT 
GOB-NGO WORKSHOPS TO SPREAD THE BEIJING PLATFORM OF 
ACTION TO BOTSWANA'S GRASSROOTS, AND OTHER IMPRESSIVE 
ACTIVITIES.  WHILE BOTSWANA'S CUSTOMARY LEGAL TREATMENT 
OF WOMEN LEAVES SOMETHING TO BE DESIRED, ALL BATSWANA 
CITIZENS CONTINUE TO USE BOTH MAGISTRATES' COURTS AND 
CUSTOMARY COURTS INTERCHANGEABLY.  THE EMBASSY USED FY- 
95 116(E) FUNDS TO PROMOTE THE PRE-BEIJING PROCESS, AND 
IS POISED TO USE FY-96 116(E) FUNDS TO SUPPORT EFFORTS 
ALREADY UNDERWAY TO FURTHER THE BEIJING AGENDA, AS SOON 
AS THOSE FUNDS BECOME AVAILABLE.  A KEY FOCUS OF THE 
SOUTHERN AFRICA REGIONAL DEMOCRACY FUND (SARDF) IS TO 
EMPOWER (SOUTHERN AFRICAN) WOMEN'S ORGANIZATIONS TO 
PARTICIPATE MORE FULLY IN THE DEMOCRATIC POLITICAL 
PROCESS, AND USAID/RCSA HAS ALREADY SIGNED A USD250,000 
COOPERATIVE AGREEMENT WITH WOMEN IN LAW AND DEVELOPMENT 
IN SOUTHERN AFRICA (WILDAF) TO TRAIN SOUTHERN AFRICAN 
WOMEN PARLIAMENTARIANS.  WHILE SADC'S EXECUTIVE 
SECRETARY HAS EXPRESSED HIS SUPPORT FOR THE CREATION OF 
A SADC DESK TO PROMOTE GENDER ISSUES, SUCH ISSUES WILL 
NOT LIKELY BE INCLUDED AS A SUBSTANTIVE AGENDA ITEM AT 
THE SADC SUMMIT IN MASERU THIS AUGUST.  END SUMMARY. 
 
 
GOB CONSULTANCY TO ADDRESS DISCRIMINATORY LEGISLATION 
--------------------------------------------- -------- 
 
¶2.  BOTSWANA LAWS GENERALLY REGARDED AS DISCRIMINATORY 
INCLUDE:  THE MARRIAGE LAW, THE MAINTENANCE LAW, AND THE 
PROPERTY LAW.  THE CURRENT MARRIAGE LAW, FOR EXAMPLE, 
DENIES WOMEN THE RIGHT TO SHARE EQUALLY IN THE 
ADMINISTRATION OF JOINT PROPERTY UNDER COMMON LAW 
MARRIAGE "IN COMMUNITY OF PROPERTY".  UNDER THIS 
ARRANGEMENT, THE HUSBAND HAS THE POWER TO SOLELY 
ADMINISTER JOINT PROPERTY, AND CAN SELL, LEASE, OR 
DONATE JOINT PROPERTY WITHOUT HIS WIFE'S KNOWLEDGE OR 
CONSENT.  A WOMAN MARRIED UNDER COMMON LAW MARRIAGE IN 
COMMUNITY OF PROPERTY CANNOT MAKE A LEGALLY BINDING 
AGREEMENT WITHOUT HER HUSBAND'S EXPLICIT CONSENT. 
 
¶3.  AS INDICATED IN REF B, THE GOB HAS BEGUN THE PROCESS 
OF COMMISSIONING A CONSULTANCY TO REVIEW NATIONAL 
LEGISLATION REGARDED AS DISCRIMINATORY AGAINST WOMEN. 
DURING A RECENT MEETING WITH ACTING DHRF COORDINATOR, 
MS. VALENCIA MOGEGEH, THE GOB WOMEN'S AFFAIRS 
COORDINATOR, EXPRESSED HER OPTIMISM THAT ALL 
RECOMMENDATIONS TO AMEND THE DISCRIMINATORY LEGISLATION 
WOULD BE READY FOR CONSIDERATION BY THE ATTORNEY- 
GENERAL'S OFFICE BY LATE 1996 OR EARLY 1997.  THE 
ATTORNEY-GENERAL'S OFFICE WILL THEN REVIEW THE SUBMITTED 
RECOMMENDATIONS, AND PROPOSE SPECIFIC LEGISLATIVE 
AMENDMENTS TO THE CABINET AND PARLIAMENT FOR APPROVAL. 
[NOTE:  THE "RAPE LAW" WAS ORIGINALLY INCLUDED IN THE 
LIST OF LEGISLATION REGARDED AS DISCRIMINATORY AGAINST 
WOMEN TO BE ADDRESSED BY THE CONSULTANCY. 
IN RESPONSE TO POST-BEIJING PRESSURES TO AMEND DISCRIMINATORY 
LEGISLATION IN BOTSWANA, HOWEVER, PARLIAMENT HAS ALREADY 
AMENDED THE PENAL CODE TO REQUIRE THAT ALL RAPE CASES 
WILL BE TRIED IN CAMERA.  END NOTE.] 
 
 
LEGAL STATUS OF "CUSTOMARY LAW" REGARDING WOMEN 
--------------------------------------------- -- 
 
¶4.  IN BOTSWANA, TWO LEGAL SYSTEMS CO-EXIST:  THE FORMAL 
LEGAL SYSTEM (BASED ON ROMAN DUTCH LAW, OR THE COMMON 
LAW OF THE CAPE COLONY DURING THE COLONIAL PERIOD) AND 
THE CUSTOMARY LEGAL SYSTEM, EACH WITH ITS OWN SET OF 
RULES AND REMEDIES.  WHILE BOTSWANA CITIZENS USE THE TWO 
SYSTEMS INTERCHANGEABLY, MOST ENCOUNTER THE LEGAL SYSTEM 
THROUGH THE CUSTOMARY COURTS, WHICH ARE MORE NUMEROUS 
AND THEREFORE VIEWED AS MORE ACCESSIBLE.  THESE COURTS 
HANDLE MINOR OFFENSES INVOLVING LAND, MARITAL, AND 
PROPERTY DISPUTES, AND OPERATE UNDER THE AUTHORITY OF 
TRADITIONAL LEADERS. 
 
¶5.  TREATMENT OF CASES IN FORMAL VS. CUSTOMARY LEGAL 
SYSTEMS DIFFERS ACCORDING TO THE VALUES, EXPECTATIONS, 
AND PRACTICES UNDERLYING EACH SYSTEM.  CHILD SUPPORT IS 
ONE EXAMPLE.  IF A SINGLE PREGNANT WOMAN GOES TO A 
MAGISTRATE'S COURT, SHE WILL LIKELY BE AWARDED X PULA 
PER MONTH IN CHILD SUPPORT, TO BE PAID BY THE FATHER OF 
THE CHILD.  IF THE SAME WOMAN GOES TO A CUSTOMARY COURT, 
HOWEVER, THE FATHER OF THE CHILD WOULD BE REQUIRED TO 
PAY "DAMAGES FOR SEDUCTION," BUT THE LONG-TERM WELFARE 
OF THE CHILD WOULD FALL TO THE WOMAN'S FAMILY. 
 
¶6.  OTHER ASPECTS OF CUSTOMARY LAW ARE POTENTIALLY 
DISCRIMINATORY AGAINST WOMEN, AND MAY REINFORCE VIOLENCE 
AGAINST WOMEN, A SERIOUS PROBLEM IN BOTSWANA.  UNDER 
CUSTOMARY LAW AND IN COMMON RURAL PRACTICE, FOR EXAMPLE, 
MEN HAVE THE RIGHT TO "CHASTISE" THEIR WIVES, WHICH 
0FTEN TRANSLATES INTO PHYSICAL BEATINGS. 
 
AREAS OF DIVERGENCE BETWEEN LAW AND PRACTICE 
-------------------------------------------- 
 
¶7.  EXAMINING THE MOST IMPORTANT AREAS OF DIVERGENCE 
BETWEEN LAW AND PRACTICE REGARDING THE LEGAL STATUS OF 
WOMEN IN BOTSWANA MAY BE PREMATURE, AN EXERCISE MORE 
APPROPRIATELY CONDUCTED AFTER NON-DISCRIMINATORY 
LEGISLATION HAS BEEN APPROVED BY PARLIAMENT (SEE PARA 
3).  GENERALLY SPEAKING, HOWEVER, BOTSWANA'S LEGAL 
SYSTEM SUFFERS FROM SEVERE CAPACITY CONSTRAINTS WHICH 
LIMIT ACCESS TO SPEEDY JUDICIAL ACTION FOR ALL 
CITIZENS -- AND FROM A SHARP DIVERGENCE BASED ON 
AVAILABILITY OF COUNSEL TO THE RICH AND POOR -- A 
FAMILIAR FACTOR, BUT ONE THAT HAS MORE SEVERE 
CONSEQUENCES IN A SYSTEM WITHOUT THE SAFEGUARDS AND 
PUBLIC SERVICES AVAILABLE IN OUR OWN.  THESE 
IMPERFECTIONS GENERALLY APPLY TO ALL BATSWANA ALIKE, 
REGARDLESS OF GENDER. 
 
DEMONSTRATED COMMITMENT OF GOB TO BEIJING PLATFORM 
--------------------------------------------- ----- 
 
¶8.  THE GOB HAS PUBLICLY COMMITTED ITSELF TO 
IMPLEMENTING THE BEIJING PLATFORM FOR ACTION NATIONALLY, 
AS WELL AS TAKING A LEADING ROLE IN FACILITING THE 
ACHIEVEMENT OF SOUTHERN AFRICAN POST-REGIONAL OBJECTIVES 
(SEE REFS B AND C).  THE GOB'S POST-BEIJING ACTIVITIES 
ARE COORDINATED BY THE WOMEN'S AFFAIRS DIVISION IN THE 
MINISTRY OF LABOR AND HOME AFFAIRS, HEADED BY MINISTER 
B.K. TEMANE.  TO DATE, THE GOB HAS DEM0NSTRATED AN 
INTENTION TO CARRY THROUGH ON PROMISES MADE.  SINCE 
SEPTEMBER 1995, FOR EXAMPLE, THE GOB HAS 
 
     -- MET WITH THE WOMEN'S NGO COALITION TO DISCUSS 
     AND AGREE ON THE BROAD OUTLINE OF BOTSWANA'S 
     NATIONAL PLAN OF ACTION, REVISIT THE SIX PRIORITY 
     AREAS AGREED UPON AT THE PRE-BEIJING NATIONAL 
     WORKSHOP, AND DEVELOP PRACTICAL STRATEGIES BASED ON 
     THESE PRIORITY AREAS; 
 
     -- BEGUN CO-HOSTING WITH THE NGO COALITION SEVERAL 
     LOCAL, DISTRICT-LEVEL, AND REGIONAL "FEEDBACK 
     WORKSHOPS" THROUGHOUT BOTSWANA TO CARRY THE BEIJING 
     PROGRAM FOR ACTION BACK TO THE GRASSROOTS LEVEL, 
     INVOLVING WOMEN THROUGHOUT THE COUNTRY IN THE 
     PROCESS OF DETERMINING HOW THE BEIJING PLATFORM 
     SHOULD BE CARRIED OUT IN BOTSWANA; 
 
     -- COMMISSIONED A CONSULTANCY TO REVIEW NATIONAL 
     LEGISLATION GENERALLY REGARDED AS DISCRIMINATORY 
     AGAINST WOMEN (SEE PARA 3); 
 
     -- INITIATED AND COMPLETED CONSULTATIVE PROCEDURES 
     ON THE CONVENTION ON THE ELIMINATION OF ALL FORMS 
     OF DISCRIMINATION AGAINST WOMEN (CEDAW) AND RELATED 
     BOTSWANA LAWS; 
 
     -- EXPEDITED CONSIDERATION OF BOTSWANA'S NATIONAL 
     POLICY ON WOMEN IN DEVELOPMENT, FIRST DRAFTED BY 
     THE GOB IN 1988 AND REVISED SEVERAL TIMES IN 
     C0NSULTATION WITH WOMEN'S NGOS; 
 
     -- INVITED THE WOMEN'S NGO COALITION TO SUBMIT A 
     SECTION ON WOMEN'S/GENDER ISSUES FOR INCLUSION IN 
     BOTSWANA'S FORTHCOMING NATIONAL DEVELOPMENT PLAN 
     (NDP-8, 1997-2001), THE BLUEPRINT FOR NATIONAL 
     DEVELOPMENT DURING THE NEXT FIVE YEARS; 
 
     -- CO-HOSTED (WITH THE WOMEN'S NGO COALITION) THE 
     FIRST SOUTHERN AFRICA SUB-REGIONAL P0ST-BEIJING 
     WORKSHOP, WHICH SUCCESSFULLY PRODUCED A SUB- 
     REGIONAL PLAN FOR ACTION; AND 
 
     -- AGREED (WITH THE WOMEN'S NGO COALITION) TO HOUSE 
     THE POST-BEIJING SOUTHERN AFRICAN SUB-REGIONAL 
     SECRETARIAT IN GABORONE. 
 
 
DEM0CRACY AND HUMAN RIGHTS FUND 
------------------------------- 
 
¶9.  THIS EMBASSY IS ANXIOUS TO TAKE ADVANTAGE OF 116(E) 
MONIES TO SUPPORT THE IMPRESSIVE ACTIVITIES ALREADY 
INITIATED BY THE GOB AND THE WOMEN'S NGO COMMUNITY IN 
BOTSWANA.  WE WERE PLEASED TO LEARN THAT THE HOLDS ON 
DHRF FUNDS HAVE BEEN LIFTED, AND LOOK FORWARD TO 
RECEIVING THE HUMAN RIGHTS FUND ADVICE OF ALLOWANCE SO 
THAT THE DHRF COORDINATOR CAN BEGIN OBLIGATING FUNDS. 
FIFTY-FIVE PERCENT OF OUR PROPOSED PROJECTS FOR FY-96 
ARE GEARED TOWARD PROMOTING WOMEN'S CAPACITY-BUILDING 
ACTIVITIES OR COMBATTING RAPE AND SEXUAL ABUSE. 
PROJECTS INCLUDE, FOR EXAMPLE, THE SUPPORT OF POST- 
BEIJING "FEEDBACK" WORKSHOPS (SEE PARA 8), SCHOOL-BASED 
INVESTIGATIONS AND WORKSHOPS RELATED TO SEXUAL ABUSE, 
AND THE DEVELOPMENT OF A NATIONAL WOMEN'S P0LITICAL 
CAUCUS. 
 
 
SADC PLANS TO PROMOTE GENDER ISSUES 
----------------------------------- 
 
¶10.  THE AMBASSADOR AND USAID/RCSA DIRECTOR MET WITH DR. 
KAIRE MBUENDE, SADC EXECUTIVE SECRETARY, ON JUNE 18. 
RESPONDING TO THE AMBASSADOR'S QUESTION OF WHETHER SADC 
PLANS TO DEVELOP A SPECIFIC MECHANISM TO PROMOTE THE 
SOUTHERN AFRICAN SUB-REGIONAL POST-BEIJING AGENDA, DR. 
MBUENDE RESPONDED THAT SADC WILL ESTABLISH A DESK TO 
PROMOTE GENDER ISSUES SUB-REGIONALLY.  ACCORDING TO THE 
SADC SECRETARIAT'S INFORMATION OFFICER, HOWEVER, IT IS 
DOUBTFUL WHETHER GENDER ISSUES WILL BE A SUBSTANTIVE 
AGENDA ITEM AT THE AUGUST SADC SUMMIT IN MASERU. 
 
¶11.  NOTING THAT THE OBSTACLES TO GENDER EQUALITY WERE 
C0MMON TO MOST COUNTRIES IN SOUTHERN AFRICA, THE 
AMBASSADOR RAISED THE IMPORTANCE OF A REGIONAL APPROACH 
TO GENDER ISSUES DURING HIS JUNE 20 FAREWELL CALL ON 
PRESIDENT MASIRE, THE CHAIRMAN OF SADC, AND SUGGESTED 
THAT THE SADC SECRETARIAT, WITH BOTSWANA ACTING AS A 
CATALYST, MIGHT BE ABLE TO PLAY AN IMPORTANT ROLE IN 
THIS AREA.  MASIRE RECOGNIZED THE IMPORTANCE OF THE 
ISSUE AN DISCUSSED BOTSWANA'S APPROACH BUT DID NOT 
DIRECLY RESPOND TO THE REGIONAL STRATEGY ISSUE. 
 
 
SOUTERN AFRICAN REGIONAL DEMOCRACY FUND (SARDF) 
--------------------------------------------- -- 
 
¶12. ONE OF BHE THREE FOCUSES OF THE SARDF'S INTERIM 
TRATEGY -- TO "EMPOWER WOMEN'S ORGANIZATIONS TO 
ARTICIPATE MORE FULLY IN THE DEMOCRATIC POLITICAL 
PROCESS" -- AIMS DIRECTLY AT PROMOTING THE STATUSOF 
WOMEN IN THE REGION.  THE SARDF'S FIRST AWARD WAS A 
USD250,000 COOPERATIVE AGREEMENT WITH WOMEN IN LAW AND 
DEVELOPMENT IN SOUTHERN AFRICA (WILDAF), A REGIONAL 
ORGANIZATION HEADQUARTERED IN ZIMBABWE, FOR TRAINING OF 
WOMEN PARLIAMENTARIANS.  ASSISTING IN THE NETWORKING OF 
NGOS ORIENTED TOWARD WOMEN'S ISSUES IN THE REGION FITS 
SQUARELY WITHIN SARDF PRIORITIES, AND A PROPOSAL FROM 
NAMIBIAN NGO LEADERS 0R THE GABORONE-BASED REGIONAL 
POST-BEIJING SECRETARIAT, FOR THAT MATTER, F0R SUCH 
REGIONAL COOPERATION WITH COUNTERPARTS IN OTHER SOUTHERN 
AFRICAN COUNTRIES WOULD BE WELCOME. 
 
¶13. COMMENT:  THIS EMBASSY IS CONTINUALLY IMPRESSED AT 
THE LEVEL AND APPARENT SINCERITY OF THE GOB'S COMMITMENT 
TO PROMOTING GENUINE REFORMS TOWARD EQUAL RECOGNITION OF 
WOMEN BOTH NATIONALLY AND AT THE SOUTHERN AFRICAN SUB- 
REGIONAL LEVEL.  WE BELIEVE THAT THE REMARKABLE MEASURE 
OF COOPERATION BETWEEN THE GOB AND WOMEN'S NGOS, IN 
PARTICULAR, CAN SERVE AS A MODEL FOR OTHER SADC 
COUNTRIES.  DAILY COMMUNICATION AND SUBSTANTIVE 
COLLABORATION BETWEEN GOVERNMENT AND NGO REPRESENTATIVES 
IS EXPEDITING THE IMPLEMENTATION OF MEANINGFUL CHANGE, 
AND IS VISIBLE BOTH AT THE NATIONAL AND THE GRASSROOTS 
LEVELS, WHERE JOINT GOB-NGO POST-BEIJING W0RKSHOPS ARE 
BEING HELD THROUGHOUT THE COUNTRY TO POPULARIZE THE 
BEIJING PLATFORM AND DEMOCRATIZE THE PROCESS OF 
TRANSLATING THAT PLATFORM TO BOTSWANA'S UNIQUE 
CIRCUMSTANCES.  BOTSWANA HAS COME A LONG WAY ON GENDER 
ISSUES IN A VERY SHORT TIME. 
 
¶14.  COMMENT CONTINUED:  WHILE SADC CONTINUES TO PAY LIP 
SERVICE TO THE IMPORTANCE OF PROMOTING GENDER ISSUES AT 
THE SUB-REGIONAL LEVEL, THE TRANSLATION OF PLEDGES INTO 
ACTION MAY REQUIRE CONTINUED PRESSURE ON THE PART OF 
THIS EMBASSY, OTHER DONORS, AND THE SUB-REGIONAL POST- 
BEIJING BODY THAT EMERGED FROM THE NOVEMBER 1995 
WORKSHOP HERE IN GABORONE (SEE REF C).  SADC'S RESOURCES 
OFTEN DO NOT MEASURE UP TO ITS COMMITMENTS, AND THE 
GENDER ISSUES AREA IS NO EXCEPTION.  BUILDING SADC'S 
CAPACITY TO DEAL EFFECTIVELY WITH WOMEN'S ISSUES IS AN 
AREA WHERE THE U.S. MIGHT PLAY A ROLE. 
 
 
JETER