The president is indirectly elected by the National Assembly for a five-year term and is eligible for a second term. The vice president is appointed by the president and confirmed by the National Assembly. The president holds significant power, including the authority to prolong or dismiss the National Assembly. In 2018, Vice President Mokgweetsi Masisi was named interim president when the term of his predecessor, Ian Khama, expired. He was sworn into office in November 2019, after the Botswana Democratic Party (BDP) won that October’s parliamentary elections.

Parliament includes a unicameral, 65-seat National Assembly and an advisory House of Chiefs. Voters directly elect 57 National Assembly members to five-year terms, while 6 are nominated by the president and approved by the National Assembly. The president and attorney general are ex officio members. The 35-member House of Chiefs is composed mostly of traditional leaders, representatives they elect, and presidential appointees. It advises legislators on tribal issues, land matters, and the constitution.

The BDP won 38 National Assembly seats with 52.7 percent of the vote in the October 2019 elections, while the Umbrella for Democratic Change (UDC) won 15 seats and 35.9 percent, the Botswana Patriotic Front (BPF) won 3 seats and 4.4 percent, and the Alliance of Progressives (AP) won 1 seat and 5.1 percent.

Southern African Development Community and African Union observers called the poll free and fair but criticized the lack of indelible ink and the use of translucent ballot boxes. The UDC, meanwhile, alleged that voters cast multiple ballots and that voters and election officials were bribed; it unsuccessfully petitioned the High Court to reject the results. The Court of Appeal agreed to hear the matter in January 2020, but dismissed it later that month, citing a lack of jurisdiction.

The Independent Electoral Commission (IEC) administers elections and is generally considered independent and capable. However, the IEC was affected by budgetary and staffing difficulties during the 2019 electoral period, impacting its voter-education and registration drives. There have been calls for the IEC to be removed from the mandate of the president’s office to allow it greater independence.

In 2022, the Presidential Commission of Inquiry into the Review of the Constitution of Botswana (PCIRCB) presented its report to the president. Masisi was accused of employing a top-down, nonparticipatory, and nontransparent approach to constitutional reform. In July 2023, Masisi said that a constitutional-reform white paper was nearing completion and would be presented to Parliament, though it reportedly was not tabled by year’s end. In December, the cabinet rejected public recommendations to limit the presidency’s powers.

The right of political parties to form and operate is legally guaranteed and is respected in practice. However, the opposition has accused the BDP of abusing state resources, including the influential state media, to its own benefit. In May 2023, for example, UDC leader Duma Boko accused the BDP of coercing businesses to donate to it that targets those who do not comply. A 2021 law effectively prohibits MPs and local legislators from defecting to other parties.

The lack of a public-financing system leaves opposition parties at a disadvantage. But in November 2023, Finance Minister Peggy Serame suggested that public financing may be available at the next general election.

The DISS has been accused of harassing opposition MPs. In July 2023, the DISS detained three BPF officials for allegedly disseminating a classified memo, though all three were released without charge.

The BDP has dominated the political landscape since 1966; no opposition party has ever won power.

Several attempted opposition coalitions since 2012 have failed to coalesce into a potent political force due to political infighting, mistrust, and the prevalence of personality-based leadership. The Botswana Congress Party (BCP) split from the UDC in January 2023. In April, unity talks including the AP, BCP, and Botswana Labor Party faltered.

People’s political choices are largely free from domination by unelected outside groups. While observers noted the potential for tribal chiefs to influence voters, a 2020 Afrobarometer survey showed that most respondents did not see chiefs as influential. Election monitors noted that Batswana political parties rely on foreign donations, which could allow for external interference in domestic politics. Vote buying has been reported.

Women have full political rights, but cultural factors and resource constraints limit their participation, and their interests are not necessarily addressed by elected leaders. Only 11 female candidates ran for legislative seats in 2019, a decline from the 17 who participated in 2014. Seven women currently sit in the National Assembly. Women’s representation in local bodies is similarly low.

Smaller ethnic and tribal groups tend to be excluded from the political process, with observers noting that members are disadvantaged by the country’s first-past-the-post electoral system. People with disabilities have participated at low levels in recent parliamentary elections. Parties generally do not represent the interests of LGBT+ people.

Elected officials determine government policies. However, opposition parties have criticized the executive for its influence over Parliament, and for rushing legislation without adequate deliberation or consultation. Parliament is also situated within the president’s office for the purposes of budgeting and staffing, further affecting its independence.

In 2018, Masisi transferred the DISS and the Financial Intelligence Agency from their respective ministries to the president’s office, prompting concerns over the improper centralization of power. Masisi was criticized for single-handedly initiating a 2022 constitutional review process without seeking input from important stakeholders, including Parliament.

Botswana has a comprehensive legislative anticorruption framework. Whistleblower-protection legislation was passed in 2016. In 2019, legislators passed the Declaration of Assets and Liabilities Act (DALA), and an Ethics and Integrity Directorate became operational in 2020. However, anticorruption operations are constrained by a lack of funding.

The main anticorruption agency, the Directorate on Corruption and Economic Crime (DCEC), has been accused of ineffectiveness in pursuing high-level cases, and its independence has been questioned since it was transferred to the president’s office in 2012.

The DCEC has also had a high turnover of directors general. In June 2022, Director General Tymon Katlholo was suspended, a move some perceived as political interference in its work. President Masisi ended Katlholo’s contract in late May 2023, ahead of its envisioned August conclusion. In September, Botlhale Makgekgenene was named director general.

Botswana lacks a freedom-of-information law. Budget processes are opaque and public contracts are often awarded through patronage networks. Section 44 of the Corruption and Economic Crime Act prohibits publishing information on DCEC investigations.

Public officers and the heads of private organizations are subject to DALA. A new Procurement Act, which decentralized public procurement, came into effect in 2022 and is aimed at addressing corruption and strengthening transparency and accountability. Also in 2022, Botswana committed itself to a tax-transparency agenda by endorsing the Yaoundé Declaration.

In September 2023, the High Court denied the Botswana Gazette access to an official report on water flow into the Gaborone Dam. The Southern Africa Litigation Centre (SALC) criticized the decision, highlighting the absence of enabling legislation.

Freedom of expression is constitutionally guaranteed but is limited in practice by legislation and lawsuits.

In 2022, Parliament passed the Media Practitioners’ Association Bill. Although viewed as a significant improvement over the draconian 2008 Media Practitioners Act, journalists expressed concerns about the creation of a formal register for journalists and media enterprises.

State-run media outlets dominate the broadcasting sector and have exhibited progovernment bias. A government ban on private-media advertising harms the competitiveness and viability of many outlets. Journalistic activity is also affected by provisions of the National Security Law, DALA, and the DISS Act, as well as the use of strategic lawsuits against public participation (SLAPPs) to suppress critical press.

State security agencies have been criticized for the harassment and intimidation of journalists. In July 2023, the DISS raided the offices of Mmegi, arrested editor Ryder Gabathuse and reporter Innocent Selatlhwa, and confiscated their devices. The journalists were later released without charge.

In 2023, journalist Tshepo Sethibe challenged the constitutionality of Section 59(1) of the penal code, which criminalizes the publishing of statements that are “likely to cause fear and alarm to the public or to disturb the public peace.” In 2022, Sethibe was arrested and charged for allegedly publishing purportedly false news regarding the disappearance of a boy from Lobatse; Sethibe had made critical comments of the local police’s performance on the matter. Sethibe’s challenge had not been heard by the end of 2023.

Religious freedom is generally respected, though all religious organizations must register with the government.

Although academic freedom is generally respected, professors often practice self-censorship when addressing sensitive topics. Foreign academics have previously been deported for publishing work that criticized the government, contributing to cautiousness among many scholars.

Freedom of expression is constitutionally protected but at times restricted in practice, prompting self-censorship among Batswana. Insulting the president, a lawmaker, or a public official is punishable by a fine. The 2008 Public Service Act restricts the ability of public-sector workers to air political views. The DISS has some capacity to monitor private online communications. The government’s failed attempt to introduce warrantless surveillance provisions into a 2022 criminal-procedure law heightened concerns about the government’s perception of free-expression rights.

Freedom of assembly is constitutionally guaranteed and largely upheld in practice. However, the Public Order Act requires citizens to seek police permission to hold demonstrations. The constitutionality of this clause has been questioned in the past, and police have sometimes denied requests for unclear reasons. In July 2023, hundreds of demonstrators, most of whom were members of the EFB, rallied against a bill that would legalize same-sex relations.

Nongovernmental organizations (NGOs), including human rights groups, generally operate without restriction. Under the Societies Act, two-thirds of NGOs’ officers must live in Botswana, and officers must have received a form of clearance from a law enforcement agent. The law also requires NGOs, churches, and clubs to reregister with the government by early 2024.

The right to form a union is respected, but the Trade Dispute Act places restrictions on who can strike. As a result, the government declares many strikes illegal, putting employees’ jobs at risk. The law does not always protect workers from antiunion discrimination by employers and other unfair employment practices in the workplace.

In April 2023, a Gaborone industrial court ruled that mining firm Lucara Botswana could not retrench 50 whistleblowers who had been terminated, ruling in favor of the Botswana Mine Workers Union. In August, the same court ruled that doctors had engaged in an illegal strike, successfully interdicting members of the Botswana Doctors Union. In September, the Botswana Federation of Public, Private, and Parastatal Sector Unions (BOFEPUSU) complained of the apparent use of Batswana courts to force workers to perform duties that have not been negotiated.

In 2022, President Masisi reiterated an unfulfilled promise from 2018 to revive the dormant Public Service Bargaining Council (PSBC), which served as a collective negotiation forum between unions and government on salaries and conditions of service for public servants. In September 2023, BOFEPUSU blamed a new government director for a lack of progress regarding the PSBC.

In 2022, Botswana committed itself to upkeeping an effective system of labor inspections by ratifying two International Labor Organization (ILO) labor inspection conventions.

The judiciary is generally independent and free from interference. Judges have ruled against the government in several high-profile cases in recent years.

Calls to improve the transparency, impartiality, and public oversight of the selection and appointment processes for judges persist. While the Judicial Service Commission advertises vacancies and interviews potential members of the High Court, the appointment process for Court of Appeal judges is relatively nontransparent.

The right to a fair trial is constitutionally protected and generally upheld in practice. However, the judiciary lacks human and financial resources, leading to case backlogs, lengthy pretrial detentions, and the postponement of cases. In February 2023, Chief Justice Terrence Rannowane reported that funding constraints had impacted the judicial branch’s performance. He also said that the case backlog that surfaced during the COVID-19 pandemic had persisted.

Attorneys are provided to defendants in capital cases, but defendants in noncapital cases must pay for their own counsel. The UN Working Group on Arbitrary Detention observed during a 2022 visit that legal aid was only available in civil proceedings and capital cases. The DISS can arrest suspects without a warrant if agents believe they have committed or will commit a crime.

Although citizens are largely protected from the illegitimate use of force, corporal punishment is sometimes imposed.

The law allows for capital punishment, and death-row prisoners are reportedly subjected to inhumane treatment. The state does not provide them or their families with details about the date and time of execution, and their bodies are not always given to their families for burial. In its Death Sentences and Executions 2022 report, released in 2023, Amnesty International noted that no executions were conducted in Botswana in 2022. In April 2023, the government reportedly told a UN body that it was considering a debate on the abolition of the death penalty.

The DISS has historically been accused of corrupt activity, unlawful arrests, and extrajudicial killings. Instances of police brutality have been reported, and perpetrators are rarely held accountable. The Internal Affairs Branch of the Botswana Police Service currently investigates all complaints against the police. Botswana has no human rights body to investigate human rights abuses, with an ombudsman functioning in that capacity. The penal code does not define torture as a crime.

Antipoaching operations have resulted in fatal incidents over the past two decades. In 2018, President Masisi ended an unwritten shoot-to-kill policy to deter wildlife poachers. The poaching ban was revoked altogether in 2019.

Customary law, commonly applied in rural areas, often discriminates against women. The Indigenous San people tend to be economically marginalized and lack access to education and other public services. There have been reports of beatings, abuse, and arbitrary arrests of San by police and park rangers.

Same-sex relations were criminalized until 2019, when the High Court ruled that the ban was unconstitutional. The Court of Appeal upheld the ruling in 2021. While President Masisi promised to respect the ruling in 2022, Parliament in August 2023 deferred on a bill meant to establish compliance, after the EFB led demonstrations against it.

Refugees have been detained in encampments and have been denied freedom of movement and the ability to work and integrate into local communities. Most refugees and asylum seekers present in Botswana are held at the Dukwi Refugee Camp. In June 2023, Justice Minister Machana Shamukuni said the government was committed to improving conditions at Dukwi and that the Justice Ministry was finalizing a bill that would include greater protections for refugees and asylum seekers.

The 2022 PCIRCB recommended that intersex people and people with disabilities be protected by nondiscrimination language.

Most citizens can move freely within Botswana and travel internationally, though refugees and asylum seekers face movement restrictions.

San people have limited access to their traditional lands in the Central Kalahari Game Reserve. The government’s long-standing policy has been to relocate San out of the reserve, and those who still have relatives living there must apply for a permit to visit them.

Botswana has generally sound legal protections for property rights, and these are generally enforced in practice. The country’s regulatory framework is considered conducive to establishing and operating private businesses. Land rights for wives, widows, and orphans were improved via 2020 amendments to the 2015 Land Policy. In its 2023 Investment Climate Statements report, the US State Department noted that foreigners may not acquire state or tribal land.

In 2021, the High Court found the compulsory acquisition of tribal land to be unlawful in a ruling that the SALC praised as “vital” to protecting tribal land rights. In March 2023, the Court of Appeal upheld the decision.

Gender-based violence, including domestic violence and rape, is pervasive. Spousal rape is not considered a crime. Customary law restricts women’s rights within a marriage. When husbands and wives separate, custody of any children is traditionally granted to the father. Child and forced marriages still occur under customary law. Perpetrators are rarely prosecuted. Women can experience harassment for not dressing conservatively.

In 2018, Parliament passed the Penal Code Amendment Bill, which introduced stronger penalties for rape and raised the age of consent from 16 to 18. Subsequent amendments introduced longer sentences for rape and provide compensation for victims, though women’s rights activists expressed concern over some aspects of the reforms. Other interventions include a sex offenders registry, a toll-free line for gender-based violence victims, an interministerial committee on gender-based violence, and 25 courts dedicated to gender-based violence cases. Parliament in late 2023 was considering a bill that would introduce stricter bail regulations and would allow victims of rape and other serious offenses a say in bail proceedings.

Same-sex unions and marriages are not legally recognized. A ban on same-sex relations was ruled unconstitutional in 2019. But in August 2023, Parliament deferred consideration of a bill that would explicitly legalize same-sex relations, after rallies were held in opposition.

Workers enjoy protections against exploitative labor practices. However, employer abuses in the retail, tourism, and private-security sectors are an ongoing problem. Botswana lacks a strong regulatory framework for labor brokers that dispatch workers to clients on short-term contracts, in which exploitation is common.

Human trafficking remains an ongoing challenge. In August 2023, Batswana police intercepted a truck carrying 40 Ethiopians to South Africa. Three Zambian nationals were arrested on human trafficking charges. In November, the government launched its second antitrafficking action plan.

Forced and child labor, particularly of the San community in cattle farms, remain challenges. The US State Department’s Trafficking in Persons Report 2023 noted that child refugees in the Dukwi Refugee Camp were sexually exploited. The June 2023 report of the UN Working Group on the Universal Periodic Review noted that the Batswana government was working with the ILO to finalize an action plan on the issue.