Legal framework on freedom of religion and actual application
The Constitution of the Republic of Botswana of 1966, amended in 1994 and 1997, guarantees (Article 11, 1) “freedom of conscience”, which includes “freedom of thought and of religion, freedom to change his or her religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance.”
In Section 2, it marks that: “Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.”
The Constitution also declares in Section 3 that, “Except with his or her own consent (or, if he or she is a minor, the consent of his or her guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his or her own.”
Religious groups must register with the Registrar of Societies at the Ministry of Labour and Home Affairs. Registration brings certain legal benefits, since unregistered religious groups cannot sign contracts, conduct business or open bank accounts. The membership threshold for new religious groups is 150.
Although the country only recognises Christian holidays, members of other religious groups are allowed to observe their feast days without government interference.
Incidents and developments
During the period covered by this report, there were no incidents of a religious nature, or acts of intolerance, discrimination, or persecution against or between religious groups.
During COVID-19, the government declared an 18-month State of Public Emergency imposing heavy restrictions such as a nationwide curfew between 20:00 and 04:00, an increased security presence with regulation violations punishable by fines or imprisonment, and temporary travel bans during religious holidays.
Religious life was also subjected to strict controls with a complete ban during “extreme social distancing” periods, and otherwise limitations on religious services (no more than twice a week) and the numbers attending (no more than 50 persons).
The Christian Churches in Botswana can safely pursue their missions and are even encouraged to actively speak out on societal issues, such as gender-based violence, as well as to provide support to victims of abuse and to report it to the competent authorities. The Churches are also expected to act as advocates for the rights of vulnerable people such as the elderly, youth, women, children, and the San people (Bushmen).
In “Vision 2036”, the government presented a plan to turn Botswana into a high-income country and develop all aspects of social life. Within this vision, religious groups are to play a crucial role. As the document states: “In Botswana, religious organisations have been instrumental in the building of the country and will continue to do so in the future. They continue to provide services such as medical treatment, leadership, orphan care, education, to name but a few.”
Furthermore, the plan indicates that religious groups will play a bigger role in upholding society’s values and advising the authorities: “Botswana’s religious institutions, in partnership with the government, will play an increased role in safeguarding morality, promoting tolerance and assuring progressive governance”.
Prospects for freedom of religion
In Botswana, interfaith dialogue and relations, particularly in addressing issues of common concern, remain good. Although strict COVID-19 restrictions were onerous, impacting the full practice of faith, most religious groups acknowledged that the measures were necessary for public health.
The prospects for freedom of religion in Botswana remain unchanged and positive.
Botswana