Lack of Civil Society Inclusion and Participation in Botswana’s Constitution Review Process

Event Summary

On 4 July 2025, the Government gazetted the Constitution (Amendment) Bill, 2025, No 14 of 2025 without consulting the public and civil society organisations and without a clear laid out process of how the entire process will be undertaken.

The constitution review process was started in December 2021 and has been repeatedly criticised by civil society organisations for not providing for civic education on the constitution of Botswana to the citizens which would have empowered the Batswana to be able to participate meaningfully and from an informed view point, for  being untransparent, non-participatory and failing to properly articulate the concerns of the people of Botswana. Instead, the proposed constitutional amendments in the then Constitution (Amendment) Bill No.4 of 2024 would result in a regression of the country’s democracy, for example, giving the president powers to appoint ten specially elected members of parliament and appoint the Commissioners of the Independent Electoral Commission (IEC), which compromises the independence of the legislature and the IEC. Additionally, CSOs were of the view that the Bill failed to adequately protect the promotion of people’s rights from various societal backgrounds, promote equality, national unity, and democracy.

While the current government has announced plans for a people-centred review within six months, early indications of moving ahead without a clear laid out process and participatory framework risk repeating the same exclusionary processes done under the past failed review process. This continuity of approach underscores the ongoing need for vigilance to ensure reforms are transparent, inclusive, and grounded in civic education.

The Bill was gazetted for a 30-day period to allow public responses. During this period, the Botswana Council of Non-Governmental Organisations (BOCONGO) mobilised support to convene a CSO dialogue, including trade unions, to deliberate on the Bill, develop a unified position, and agree on a strategy moving forward. Following the dialogue, a formal CSO response was submitted to the Ministry for State President. Based on the concerns raised, BOCONGO rejected the Constitution Amendment Bill No. 14 of 2025 in its entirety and called for its immediate withdrawal. The position of BOCONGO is that any attempt to amend the Constitution without a clear, participatory framework that is first built on public education undermines the legitimacy of the entire reform process. Furthermore, the statement articulates the need to protect robust socio-economic rights by inserting them into the Constitution and that only a people-led, inclusive, and transparent process can deliver a legitimate and democratic Constitution.

The constitutional reform process, both of the past and the current government, has limited CSOs’ ability to shape constitutional reforms, undermining trust between state and non-state actors and putting core governance principles, transparency, inclusivity, participation, accountability, and democratic legitimacy under strain, thereby weakening the principle of an open and responsive State.

The Bill will next be referred to the House of Chiefs for reading and deliberation, after which it will proceed to Parliament for its third and final reading, deliberations, and voting. This legislative process is still underway, providing a crucial window of opportunity for civil society to continue organising, coordinating, and lobbying against the Bill passing into law. BOCONGO continues to demand the enactment of a Constitutional Review Act to lay out the guiding principles, institutional framework, public participation mechanisms, and procedural steps that will ensure meaningful engagement of all citizens, rural and urban, young and old, women and men, persons with disabilities, and other marginalized groups.

The following demands are put forth:

1. An explicit acknowledgement that the Constitution belongs to the people, and that the role of MPs and the Executive is to facilitate not dictate the process as is best practice.
2. The amendment of Sections 87 and 89 of the Constitution of Botswana, and the enactment of legislation (to be called the Botswana Constitution Review Act) to create a people-driven, inclusive constitutional review process.
3. A complete transparent roadmap to be published. This should indicate some key factors such as extensive public education and consultation process, ensuring that every region and language group in Botswana is engaged meaningfully before any constitutional changes are proposed.
4. A clear, realistic timeline and clarity on the feasibility of holding two referendums alongside a general election within the next four years as would be the case following the envisioned process by the Government, given the pronouncements of lack of resources. This process cannot be built on vague promises.
5. Going forward, when proposed amendments to the Constitution are gazetted, that they be gazetted in a Setswana, Kalanga, English, Sekgalagadi and Sesarwa in recognition of our diverse language groups.