Africa-Press – Botswana. Minister for State President, Mr Kabo Morwaeng says the Constitution Amendment Bill of 2024 is clear on the rights to be protected by the country’s supreme law.
Member of Parliament for Palapye, Mr Onneetse Ramogapi had on Monday, proposed that Clause 3 of the Bill be amended by inserting new sections which called for the inclusion to the protection of fundamental rights and freedoms of the individual as well as the right to sufficient food, water and electricity, right to language and culture, protection of right to access information held by the state and any other person needed for the protection of any rights, right to citizenship and nationality, right to a clean, safe and healthy environment and further the right to land.
Moving his argument, Mr Ramogapi said the amendments he noticed were drawn from the fact that they were already included in the United Nation’s Universal Declaration of Human Rights.
He said some called for inclusion to protect fundamental rights and freedoms of the individual, while some rights needed to be reasonably justified in a democratic society.
Arguing against Mr Ramogapi’s proposal, Minister Morwaeng said some amendments were irrelevant because there were policies in place while some were covered by subsidiary laws.
On the contrary, Serowe North legislator, Mr Baratiwa Mathoothe opined that the amendments noticed by the Palapye MP were in order because Batswana were not backed by any law to speak for themselves in some instances where they were disadvantaged by social and community development officers for social benefits.
Also backing Mr Ramogapi was Specially Elected MP, Dr Unity Dow arguing that it was important to have such rights protected by the Constitution.
“These are aspirational rights because they are committing, so it is important to include them,” Dr Dow said. For his part, Maun West MP, Mr Dumelang Saleshando also moved for the inclusion as noticed by the Palapye legislator, particularly those speaking about the right to access any information held by the state or its agencies and any information held by another person or was required for the exercise or protection of any rights.
Mr Saleshando opined that right to access information was a universally recognised guaranteed in international and human rights instruments.
He said access to information for protection of an individual was a positive development because it enabled the governed to exercise control over government and that it would be instrumental in the fight against corruption and freeing individuals from ransom by those that had the right to information.
“The right to access state held information in a democracy cannot be overstated,” he said
Mr Saleshando therefore implored government to commit to bringing the right to Information Bill that had flopped during the 11th and current Parliament adding that government was not keen towards initiating enactment of such law.
To that, Minister Morwaeng told the legislator that the Bill on Freedom of Information was on cards, hence it was immaterial to propose such amendments.
Conversely, Parliament rejected the noticed amendments to be included in the Constitution Amendment Bill of 2024 which is currently at committee stage before the National Assembly.
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