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Dokument #2111831
USDOS – US Department of State (Autor)
The constitution provides for freedom of religion, with certain exceptions, and for protection against governmental discrimination based on creed. It also provides for freedom of thought and religion, the right to change religion or belief, and the right to manifest and propagate religion or belief in worship, teaching, practice, and observance.
The 2022 Societies Act governs the operations of businesses, societies, and organizations, including churches. The act’s stated aim is to protect those organizations against financial abuse and strengthen compliance with the country’s anti-money-laundering regime. This amended legislation continued to draw reservations from representatives from Botswana Council of Churches (BCC), which said a clause in the amended act would prevent clergy charged or convicted under the act from being appointed to future religious positions, even after completing their sentences. They continued to state churches should not be regulated by the broader Societies Act, but by a separate law covering religious groups only. The BCC also raised its concerns with President Mokgweetsi Masisi.
Representatives of the country’s religious organizations, including Christian and Muslim, continued to say interfaith relations were strong, including a high degree of tolerance for religious diversity.
Throughout the year, U.S. embassy officials met with the government to discuss issues surrounding religious tolerance and concerns that some religious leaders had raised about the amended Societies Act. The Ambassador and other embassy officials met with senior representatives of government as well as the leadership of religious groups to discuss religious freedom, interreligious relations, community engagement, the impact of the amended Societies Act on religious groups, and the role of the interfaith community in social change. Specific issues included the topics of interreligious tolerance, governmental relations with minority religious groups, and the importance of interfaith cooperation to address community challenges.
The U.S. government estimates the total population at 2.4 million (midyear 2023). According to the country’s 2011 Population and Housing Census data on the population, for ages 12 and older (the most recent government data available on religious membership), 79 percent of citizens are members of Christian groups, 15 percent espouse no religion, 4 percent are adherents of the Badimo Indigenous religious group, and all other religious groups together constitute less than 2 percent of the population. The World Religion Database estimated in 2020 that 71.6 percent of the population is Christian, 27 percent members of Indigenous religious groups, such as the Badimo, with all other religious groups, or those who are not members of religious groups, comprising the remainder.
Anglicans, Methodists, and members of the United Congregational Church of Southern Africa make up the majority of Christians. There are also Lutherans, Roman Catholics, members of The Church of Jesus Christ of Latter-day Saints, Seventh-day Adventists, Jehovah’s Witnesses, Baptists, Mennonites, and members of the Dutch Reformed Church and other Christian denominations. According to the 2011 census, there are approximately 11,000 Muslims (more recent sources suggest approximately 8,000), many of whom are of South Asian origin. There are small numbers of Hindus, Baha’is, Buddhists, Sikhs, and Jews. Immigrants and foreign workers are more likely to be members of non-Christian religious groups than native-born citizens.
Under its broader protections of freedom of conscience, the constitution provides for freedom of thought and religion, the right to change religion or belief, and the right to manifest and propagate religion or belief in worship, teaching, practice, and observance. The constitution’s provision of rights also prohibits discrimination based on creed. The constitution permits the government to restrict these rights in the interest of protecting the rights of other persons, national defense, public safety, public order, public morality, or public health when the restrictions are deemed “reasonably justifiable in a democratic society,” such as during the 2020-2022 COVID-19 crisis, when the government limited the size of regular religious gatherings and meetings.
The constitution permits religious groups to establish places for religious instruction at their expense. The constitution prohibits requiring religious instruction or participation in the religious ceremonies of a religion other than one’s own. The constitution also prohibits compelling an individual to take an oath contrary to that individual’s religious beliefs. The penal code criminalizes hate speech towards any person or group based on “race, tribe, place of origin, color or creed” and imposes a maximum fine of 500 pula ($38) per violation. Hate speech is defined as saying in public or publishing anything that “expresses hatred against a person because of their race, tribe, place of origin, color or creed.”
All organizations, including religious groups, must register with the government. To register, a group must submit its constitution to the Registrar of Societies section of the Ministry of Labor and Home Affairs. Registration enables religious groups to conduct business, sign contracts, and open a local bank account. New religious groups must have a minimum of 150 members to register. For previously registered religious groups, the membership threshold remains 10. Any person who manages, assists in the management of, or holds an official position in an unregistered group is subject to a fine of up to 1,000 pula ($76) and up to seven years in prison. Individuals who are not in leadership positions in unregistered groups are subject to lower penalties, including fines up to 500 pula ($38) and up to three years in prison. The Societies Act, amended in 2022 to curb money laundering, requires all societies, including registered religious groups, to reregister with the Registrar of Societies. It also mandates qualification criteria for the officers of registered societies, including pastors, who are required to possess theology certification from a “reputable institution” to ensure that they are qualified to perform their functions.
Government policy permits students to wear a hijab or religiously based head covering in public schools.
The country is a party to the International Covenant on Civil and Political Rights.
Leaders of some interfaith groups, including the BCC, expressed continuing concern regarding the 2022 amendments to the Societies Act that addressed money laundering, citing a clause in the amended act that stipulates that any member of the clergy who was charged and convicted of any offense should not be appointed to any religious position even after serving his or her sentence. During the year, BCC leadership again expressed the view that churches should not be regulated by the Societies Act and called for the government to develop a separate law that would govern the conduct of all religious groups. In November, President Masisi met with BCC leaders to discuss their concerns in further detail. At year’s end, the government had not agreed to the BCC’s demands but agreed to continue discussions with the organization.
The government continued its policy of requiring all pastors to have a certificate in theology and requiring foreign pastors of some of the unregistered churches to apply for visas, including those from countries whose nationals were normally allowed visa-free entry. In 2019, the government announced it was reviewing the visa policy for foreign pastors, but as of year’s end, there were no new developments. Sources stated there are no known delays with the process of registering foreign pastors, although the government did not make the list of applicants publicly available.
Optional religious education remained part of the curriculum in public schools. This curriculum continued to emphasize Christianity, but it also discussed other religions practiced in the country. According to religious leaders, the government’s regulation of private schools did not distinguish among Christian, Muslim, or secular schools.
The Ministry of Health funded programs for religious groups to address alcohol and substance abuse, as well as sexual and reproductive health.
Although government meetings usually opened with a Christian prayer, members of non-Christian groups occasionally led prayers as well.
Representatives of the country’s religious organizations, including Christian and Muslim, continued to say interfaith relations were strong, including a high degree of tolerance for religious diversity. Religious groups remained in regular contact with and met on occasion to discuss issues of common interest, such as the impact of the Societies Act on religious groups, including new regulations overseeing all groups. Religious groups reported having access to prisons to provide counseling and other services. As an example, the Botswana Muslim Association continued to provide instruction on the tenets of Islam and religious guidance to prisoners.
Embassy officials regularly engaged government officials to discuss issues of religious freedom, including issues surrounding religious tolerance and concerns some local pastors raised with the amended Societies Act, support for greater appreciation for religious diversity, as well as relationships with municipal and government officials. The Ambassador and other embassy officials met with representatives of Christian, Muslim, Buddhist, and other religious groups to discuss issues related to religious freedom, interreligious relations, the impact of the amended Societies Act on religious groups, and community engagement. Additional topics discussed included the government’s relationships with minority religious groups and interfaith cooperation to address community challenges. The embassy recognized religious holidays by posting messages for Passover, Easter, and Ramadan on its social media pages.
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