AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

On February 18, Botswanan President Festus Mogae signed an order declaring Australian-born political science professor Kenneth Good an unwanted immigrant, and served him with an expulsion notice. The deportation order came shortly after Professor Good gave a lecture in which he seriously criticized the ruling Botswana Democratic Party - which has held power since independence in 1966 - and Ian Khama, vice president and Mogae's handpicked successor. Good's lawyers made an immediate appeal, halting his deportation, but on May 31, the High Court in Botswana upheld the deportation.

In early February, Good gave speech to a packed university hall, telling them Botswana was run by an elite that made decisions - particularly on the presidential succession - behind closed doors and manipulated state radio and television stations. He has also been critical of the government’s relocation of the Basarwa (San people) from the Central Kgalagadi Game reserve, an area earmarked for diamond mining.

Botswana’s Immigration Act allows the president to declare a foreign citizen a threat to state security and order deportation without having to furnish reasons. Nelson Ramaotwana, the University of Botswana Students Representative Council president, says the SRC is against Good’s deportation, and that they feel the government of his country has overreacted as the professor's criticism was not threatening national security. However, the high court judge ruled that Mogae had not overstepped his presidential powers when he declared Good, a University of Botswana professor, a prohibited immigrant. At least two human Rights groups in Botswana, the Botswana Centre for Human Rights (Ditshwanelo) and the Botswana chapter of the Media Institute for Southern Africa have spoken out against this ruling. Botswana is also a party to the International Covenant on Civil and Political Rights (ICCPR), which requires a hearing before a person is declared a prohibited immigrant.

After hearing the judgment, Professor Good said he was shocked at the ruling. During an interview outside the court, he said "I did not anticipate this kind of judgment. I still believe I did nothing wrong and I did not deserve this." The 72-year-old Good had been a resident of Botswana for nearly 20 years and a lecturer at the University of Botswana for more than15 years. After the judgment, Good was led away by plainclothes police, driven around for a few hours, and finally placed on a plane to South Africa. He was not permitted to see his 17-year-old daughter before he left.

Good's lawyers are reportedly preparing to take the matter to the African Commission on Human and People's Rights.

(Sources of information for this case include: SABC, Mail and Guardian, Reuters AlertNet, NEAR International, Sunday Independent, and Botswana Press Agency.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 19(1): Everyone shall have the right to hold opinions without interference.
• Article 13: An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

The Human Rights Defenders Declaration

• Article 6(a): Everyone has the right, individually and in association with others: To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems.
• Article 6(b): Everyone has the right, individually and in association with others: As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
• Article 6(c): Everyone has the right, individually and in association with others: To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
• Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his [or her] rights and obligations and of any criminal charge against him [or her].

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing your concern that the deportation of Professor Kenneth Good appears to be part of a larger attempt by Botswana’s Government to stifle dissent; and
• Expressing concern that Professor Good was denied the right to a hearing to defend himself.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Mr. Festus Gontebanye Mogae
President of The Republic of Botswana
Office of the President
P/Bag 001
Gaborone Botswana
Fax: +267 395 0858
op.registry@gov.bw
Salutation: Dear Mr. President

Mr. R.O. Sekgororoane
Chief Immigration Officer
P.O. Box 942
Gaborone Botswana
rsekgororoane@gov.bw
Salutation: Dear Mr. Sekgororoane

COPIES SENT TO:

Mr. Lapologang Caesar Lekoa
Ambassador of the Republic Botswana to the United States
Embassy of the Republic of Botswana
1531-3 New Hampshire Avenue, NW
Washington DC 20036
Fax: (202) 244-4164
lclekoa@botswanaembassy.org
Salutation: Dear Mr. Ambassador

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

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