A/HRC/40/64/Add.2
F.
Information and communications
59.
The Communications Regulatory Authority Act of 2012 regulates broadcasting
services in the country and currently only provides for public service broadcasting and
commercial broadcasting. It includes no provision for local community-based broadcasting,
an issue often brought to the attention of the Special Rapporteur, despite numerous
applications that apparently continue to be made for such broadcasting. Some of the
observations made to him, such as in Francistown, emphasize that community radio stations
would provide “a voice for the voiceless”, and a democratizing tool that would enable
communities, including minorities, to express themselves in terms of their culture and way
of life.
60.
In the 2017 publication Language Rights of Linguistic Minorities: A Practical Guide
for Implementation the then Special Rapporteur on minority issues indicates that
Governments should serve the needs and interests of the whole population, including
minorities, to access the media and impart and receive information, including in their own
language, in line with the principles of pluralism, tolerance and broadmindedness. In
relation to private sector media, and in accordance with fundamental human rights such as
freedom of expression, this means minorities must be free to communicate among
themselves in private media without obstacles to the use of their own language. To ensure
equality and non-discrimination the private sector media must apply the principle of
proportionality in ways that are flexible and appropriate and it must be ensured that any
financial or other support provided to private sector media is allocated in a nondiscriminatory manner, including in relation to those using minority languages. The role of
public sector broadcasting in minority languages is particularly significant in terms of
promoting not only tolerance but also acceptance and in creating a sense of integration
among minorities such that they feel their own needs and interests are fairly reflected and
communicated.
61.
Unfortunately, it appears that Botswana has a long way to go in applying these
human rights principles. Generally speaking, the use of languages other than English or
Setswana is not provided for in the information or communications activities in the country.
Even HIV/AIDS awareness-raising campaigns use only Tswana and English, although the
Special Rapporteur was advised that the Government tries to liaise with local organizations
for the effective dissemination of the information. In terms of broadcasting on public
television, the only exception appears to be the 30 minutes a day out of the 24 hours of
programming when interpretation is offered in sign language.
62.
While private printed media exist in Botswana, these only appear, and apparently are
only allowed, in English and Setswana. Here, the Special Rapporteur recalls that any
prohibition of the use of other languages in private media, including minority languages,
would be contrary to fundamental human rights such as freedom of expression. It was
brought to the attention of the Special Rapporteur that although private radio stations exist,
they are all based in Gaborone despite in some cases being retransmitted to other parts of
the country. Apparently, no private radio station is allowed to broadcast any programme in
any of the country’s minority languages. Broadcasting licences for locally based
community radio stations have until now always been rejected, and in some cases this may
have been partially motivated by the proposed use of minority languages in some of the
programming. It was explained to the Special Rapporteur that community broadcasting
might be considered to be divisive along tribal lines and be open to abuse by “subversive
elements”.
G.
Disaggregated data for better and more effective policies
63.
The current absence of clear demographic information on the situation of minorities
and data concerning ethnicity, religion or language is frustrating for many and hampers the
work of authorities and policymakers, as they do not have information that could provide a
clearer view of the characteristics of the population and thus assist them to better tailor
policies and practices to the reality on the ground. The Government of Botswana should
therefore review its national census approach and, as is the case in many other countries,
13