Report of the Special Rapporteur on rights to freedom of peaceful assembly and of association, A/HRC/26/29/Add.1, 10 June 2014: Botswana
77. JAL 08/07/2013. Case no. BWA 2/2013. State reply: 10/07/2013.
Alleged arbitrary denial to register a human rights association working against discrimination and for the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people.
79. The Special Rapporteur remains concern that the denial to register LEGABIBO may lack adequate legal basis and could be directly related to the organization’s peaceful activities promoting non-discrimination and upholding the human rights of lesbian, gay, bisexual, transgender and intersex people in Botswana.
80. The Special Rapporteur reminds the Government that the International Covenant on Civil and Political Rights, ratified by Botswana on 8 September 2000, guarantees the right to freedom of association (article 22), stipulates that “each State Party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant, without distinction of any kind, such as race colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” (article 2), and guarantees to all individuals equal and effective protection against discrimination on grounds identified in article 2 (article 26).
Link to full text of the report: Report-SRAssembly-Communications and replies-2014-eng-fra-esp
Link to Special Rapporteur’s correspondence with the State: Correspondence-SR-Botswana-2013-eng
Link to State’s reply: Correspondence-SR-Botswana-reply-2013-eng