The president is indirectly elected by the National Assembly for a five-year term and is eligible for a second term. The vice president is appointed by the president and confirmed by the National Assembly. The president holds significant power, including the authority to prolong or dismiss the National Assembly.

Following competitive general elections in October 2024, UDC leader Duma Boko was sworn in as Botswana’s sixth president in November, becoming the first non–BDP president since the country gained independence in 1966. Boko’s election marked a clear departure from the past practice of outgoing BDP presidents elevating their vice presidents to the office ahead of elections.

Score Change: The score improved from 3 to 4 because an opposition-backed candidate won the presidency following highly competitive legislative polls in October, ending a pattern of incumbents handing power to a chosen successor in advance of elections.

Parliament includes a unicameral, 69-seat National Assembly and an advisory House of Chiefs. Voters directly elect 61 National Assembly members to five-year terms in first-past-the-post elections, while 6 members are nominated by the president and approved by the National Assembly. The president and speaker of the National Assembly are ex officio members. The 35-member House of Chiefs is composed mostly of traditional leaders, representatives they elect, and presidential appointees. It advises legislators on tribal issues, land matters, and the constitution.

The UDC won 36 National Assembly seats in the October 2024 elections, while the BDP won 4 seats—down from 38 seats previously. The Botswana Congress Party (BCP) became the official opposition, winning 15 seats. The UDC–aligned Botswana Patriotic Front (BPF) won 5 seats.

BDP leader and outgoing President Mokgweetsi Masisi quickly conceded defeat and promised to support the new administration. Southern African Development Community (SADC) observers said that the election was conducted peacefully and noted that the Batswana people were able to exercise their democratic right to vote.

The Independent Electoral Commission (IEC) administers elections and is generally considered independent and capable. However, in September 2024, opposition parties criticized the commissioners appointed to oversee the October general elections. Critics argued that the Judicial Service Commission (JSC), a body responsible for appointing the commissioners, ignored recommendations given to it by the All Party Conference, a forum of all registered political parties in Botswana. Opposition parties sought to suspend the appointed commissioners, but their bid failed in the High Court in late October.

There have been calls for the IEC to be removed from the mandate of the president’s office to allow it greater independence. A controversial bill to amend the constitution, which was rejected by Parliament in September 2024, would have prevented former presidents from seeking political office and empowered sitting presidents to appoint key civil servants, including the secretary of the IEC.

The right of political parties to form and operate is legally guaranteed and is respected in practice. Prior to the 2024 elections, the opposition accused the BDP of abusing state resources, including the influential state media, to its own benefit. In 2023, for example, Boko accused the BDP of coercing businesses to donate to the party and retaliating against those that do not comply. A 2021 law effectively prohibits members of Parliament and local legislators from defecting to other parties.

In August 2024, legislators debated a bill that would, for the first time in Botswana’s history, provide government funding to political parties; the bill was delayed after lawmakers disagreed about how funds earmarked for political parties would be distributed.

In March, lawmakers began debating the Constitution (Amendment) Bill, which sought to make significant legal changes, including expanding the powers of the president and restricting former presidents from holding political office. The bill was widely seen as an attempt to keep former President Ian Khama from returning to politics. The legislation, which was sharply criticized by the opposition, was voted down in September.

The BDP, which had dominated Botswana’s political landscape since 1966, won only four seats in the 2024 election and was replaced by the UDC as the largest party in the National Assembly. The November inauguration of both Parliament and the president was peaceful, marking the first transfer of power between opposing parties since the country gained independence. Other opposition parties, such as the BCP and the BPF, also increased their representation.

Score Change: The score improved from 2 to 4 because an opposition party won the October legislative elections and the presidency, leading to the first transfer of power between rival parties in Botswana’s history.86

People’s political choices are largely free from domination by unelected outside groups. While observers noted the potential for tribal chiefs to influence voters, a 2020 Afrobarometer survey showed that most respondents did not see chiefs as influential. Election monitors noted that Batswana political parties rely on foreign donations, which could allow for external interference in domestic politics. Vote buying has been reported.

Women have full political rights, but cultural factors and resource constraints limit their participation, and their interests are not necessarily addressed by elected leaders. Only 7 of the BDP’s 62 candidates in the October 2024 elections were women. Out of 28 women candidates contesting the 61 directly elected seats in the National Assembly, only 3 were elected in the October polls. President Boko appointed three additional women members, bringing the total number of women in the body to six. Women’s representation in local bodies is similarly low.

Smaller ethnic and tribal groups tend to be excluded from the political process, with observers noting that members are disadvantaged by the country’s first-past-the-post electoral system. People with disabilities have participated at low levels in recent parliamentary elections. Parties generally do not represent the interests of LGBT+ people. In 2024, the UDC promised in its election manifesto to amend the electoral system to include reserved seats for women, youth, and disadvantaged groups.

Elected officials determine government policies. However, opposition parties have criticized the executive for its influence over Parliament, and for rushing legislation without adequate deliberation or consultation. Parliament is also situated within the president’s office for the purposes of budgeting and staffing, further affecting its independence.

Former President Masisi was criticized for single-handedly initiating a 2022 constitutional review process without seeking input from important stakeholders, including Parliament. The resulting Constitution (Amendment) Bill, which would have given the president the power to appoint key civil servants, was rejected by legislators in September 2024.

Botswana has a comprehensive legislative anticorruption framework. Whistleblower-protection legislation was passed in 2016, although its flaws—including a failure to protect anonymous sources—have been acknowledged by the government. In 2019, legislators passed the Declaration of Assets and Liabilities Act (DALA), and an Ethics and Integrity Directorate became operational in 2020. However, anticorruption operations are constrained by a lack of funding.

The main anticorruption agency, the Directorate on Corruption and Economic Crime (DCEC), has been accused of ineffectiveness in pursuing high-level cases and its independence has been questioned. The agency has had a high turnover rate at its top leadership position, with five directors general serving under Masisi. Opposition attempts to amend the Corruption and Economic Crime Act to make the DCEC more independent failed in July 2024.

Budget processes are opaque, and public contracts are often awarded through patronage networks. Section 44 of the Corruption and Economic Crime Act prohibits publishing information on DCEC investigations. In August 2024, the government began consideration of a long-anticipated Access to Information Bill. If passed, the bill would significantly increase the public’s access to information held by public authorities.

Public officers and the heads of private organizations are subject to DALA. A new Procurement Act, which decentralized public procurement, came into effect in 2022 and is aimed at addressing corruption and strengthening transparency and accountability. Also in 2022, Botswana committed itself to a tax-transparency agenda by endorsing the Yaoundé Declaration.

Freedom of expression is constitutionally guaranteed but is limited in practice by legislation and lawsuits.

In 2022, Parliament passed the Media Practitioners’ Association Bill. Although viewed as a significant improvement over the draconian 2008 Media Practitioners Act, journalists expressed concerns about the creation of a formal register for journalists and media enterprises.

State-run media outlets dominate the broadcasting sector and have exhibited progovernment bias. A government ban on private-media advertising harms the competitiveness and viability of many outlets. Journalistic activity is also affected by provisions of the National Security Law, DALA, and the Directorate of Intelligence and Security Services (DISS) Act, as well as the use of strategic lawsuits against public participation (SLAPPs) to suppress critical press.

The independence of private media is affected by the refusal of Jamali Seyed Abolfazi, a businessman and BDP supporter, to comply with a 2017 Competition Authority order to divest his shares in a company that owns the publisher of Mmegi, one of Botswana’s leading newspapers.

State security agencies have been criticized for harassing and intimidating journalists. In 2023, the DISS raided the offices of Mmegi, arrested editor Ryder Gabathuse and reporter Innocent Selatlhwa, and confiscated their devices. The journalists were released without charge, and the DISS director later apologized for the raid.

In 2023, journalist Tshepo Sethibe challenged the constitutionality of Section 59(1) of the penal code, which criminalizes the publishing of statements that are “likely to cause fear and alarm to the public or to disturb the public peace.” In 2022, Sethibe was arrested and charged for allegedly publishing purportedly false news regarding the disappearance of a boy from Lobatse; Sethibe had made critical comments of the local police’s performance on the matter. The charges against Sethibe were dropped in August 2024.

Religious freedom is generally respected, though all religious organizations must register with the government.

Although academic freedom is generally respected, professors often practice self-censorship when addressing sensitive topics. Foreign academics have previously been deported for publishing work that criticized the government, contributing to cautiousness among many scholars.

Freedom of expression is constitutionally protected but at times restricted in practice, prompting self-censorship among Batswana. Insulting the president, a lawmaker, or a public official is punishable by a fine. Botswana has several laws on the books with the potential to restrict free expression, including the National Security Act, the Cybercrime and Computer Related Crimes Act, and laws related to sedition. The 2008 Public Service Act restricts the ability of public-sector workers to air political views. The DISS has some capacity to monitor private online communications.

Freedom of assembly is constitutionally guaranteed and largely upheld in practice. However, the Public Order Act requires citizens to seek police permission to hold demonstrations. The constitutionality of this clause has been questioned in the past, and police have sometimes denied requests for unclear reasons. In September 2024, demonstrators clashed with police while protesting against a proposed constitutional amendment that would have given the president sweeping powers to appoint key civil servants. Activists reported that some protesters were beaten and injured by law enforcement; the draft bill ultimately did not pass.

Nongovernmental organizations (NGOs), including human rights groups, generally operate without restriction. Under the 2022 Societies Act, two-thirds of NGOs’ officers must live in Botswana, and officers must have received a form of clearance from a law enforcement agent. The law also required NGOs, churches, and clubs to reregister with the government by May 2024 or face deregistration.

The right to form a union is respected, but the Trade Dispute Act places restrictions on who can strike. As a result, the government declares many strikes illegal, putting employees’ jobs at risk. The law does not always protect workers from antiunion discrimination by employers and other unfair employment practices in the workplace.

Several regional industrial court actions took place in 2024. In May, the Francistown Industrial Court ordered the Botswana International University of Science and Technology to continue negotiating with a union representing its employees. The union accused the university of unilaterally implementing revised statutes without consulting its employees. In July, the Gaborone Industrial Court ordered the Botswana Unified Revenue Services to delay plans to reduce its staff.

The judiciary is generally independent and free from interference. Judges have ruled against the government in several high-profile cases in recent years.

Calls to improve the transparency, impartiality, and public oversight of the selection and appointment processes for judges persist. While the Judicial Service Commission advertises vacancies and interviews potential members of the High Court, the appointment process for Court of Appeal judges is relatively nontransparent.

The right to a fair trial is constitutionally protected and generally upheld in practice. However, the judiciary lacks human and financial resources, leading to case backlogs, lengthy pretrial detentions, and the postponement of cases.

Attorneys are provided to defendants in capital cases, but defendants in noncapital cases must pay for their own counsel. The UN Working Group on Arbitrary Detention observed during a 2022 visit that legal aid was only available in civil proceedings and capital cases. The DISS can arrest suspects without a warrant if agents believe they have committed or will commit a crime.

Although citizens are largely protected from the illegitimate use of force, corporal punishment is sometimes imposed.

The law allows for capital punishment, and death-row prisoners are reportedly subjected to inhumane treatment. The state does not provide them or their families with details about the date and time of execution, and their bodies are not always given to their families for burial. In its Death Sentences and Executions 2023 report, released in May 2024, Amnesty International noted that no executions were conducted in Botswana in 2023, though two death sentences were issued.

In 2021, the United Nations office in Botswana called on the government to abolish capital punishment. The government responded by noting that it would first need to engage in extensive public debate about this issue; as of late 2024, the government had not made progress toward initiating this debate. Instead, a Commission of Inquiry appointed by former President Masisi in 2021 to review Botswana’s constitution recommended that the death penalty be extended to additional offenses. Although President Boko has expressed opposition to the death penalty, it remains to be seen whether this translates into policy under the new administration.

The Ombudsman Act of 2021 entered into force in 2023. The ombudsman is tasked with providing remedies to human rights violations.

Customary law, commonly applied in rural areas, often discriminates against women. The Indigenous San people tend to be economically marginalized and lack access to education and other public services.

Same-sex relations were criminalized until 2019, when the High Court ruled that the ban was unconstitutional. The Court of Appeal upheld the ruling in 2021. While former President Masisi promised to respect the ruling in 2022, Parliament abandoned debate on a bill meant to establish compliance in 2023.

In December 2023, Parliament passed the Persons with Disabilities Bill, which prohibits discrimination against persons with disabilities.

Refugees have been detained in encampments and denied freedom of movement and the ability to work and integrate into local communities. Most refugees and asylum seekers in Botswana are held at the Dukwi Refugee Camp. In July 2024, Justice Minister Machana Shamukuni said that despite the government’s efforts to encourage refugees to integrate by acquiring citizenship, many were reluctant to do so.

During its August 2024 session, Parliament passed and enacted amendments to the 1968 Refugees (Recognition and Management) Act, which governs refugee treatment, including provisions that will create a commissioner of refugees.

Most citizens can move freely within Botswana and travel internationally, though refugees and asylum seekers face movement restrictions.

Indigenous San people have limited access to their traditional lands in the Central Kalahari Game Reserve. The government’s long-standing policy has been to relocate San out of the reserve, and those who still have relatives living there must apply for a permit to visit them.

Botswana has generally sound legal protections for property rights, and these are typically enforced in practice. The country’s regulatory framework is considered conducive to establishing and operating private businesses. Land rights for wives, widows, and orphans were improved via 2020 amendments to the 2015 Land Policy. In its 2024 Investment Climate Statements report, the US State Department noted that foreigners may not acquire state or tribal land.

In 2021, the High Court found the compulsory acquisition of tribal land to be unlawful in a ruling that the Southern Africa Litigation Centre (SALC) praised as “vital” to protecting tribal land rights. The Court of Appeal upheld the decision in 2023.

Gender-based violence, including domestic violence and rape, is pervasive. Spousal rape is not considered a crime. Customary law of many traditional communities restricts women’s rights within a marriage. When husbands and wives separate, custody of any children is traditionally granted to the father. Child and forced marriages still occur under customary law. Perpetrators are rarely prosecuted. Women can experience harassment for not dressing conservatively.

In 2018, Parliament passed legislation that introduced stronger penalties for rape and raised the age of consent from 16 to 18. In March 2024, a law that introduced stricter bail regulations and granted victims of rape and other serious offenses a say in bail proceedings came into effect.

Same-sex unions and marriages are not legally recognized. A ban on same-sex relations was ruled unconstitutional in 2019. However, in 2023, Parliament deferred consideration of a bill that would explicitly legalize same-sex relations after rallies were held in opposition.

Workers enjoy protections against exploitative labor practices. However, employer abuses in the retail, tourism, and private-security sectors are an ongoing problem. Botswana lacks a strong regulatory framework for labor brokers that dispatch workers to clients on short-term contracts, in which exploitation is common. Exploitation of migrant workers from neighboring countries remains prevalent in the labor market.

Human trafficking remains an ongoing challenge, as do forced and child labor, particularly of the San community on cattle farms. In March 2024, a group of Zimbabwean nationals appeared in court to face charges of illegally smuggling minors to Botswana. In August, five men were arrested after police intercepted vehicles carrying undocumented children to South Africa.

Botswana’s government is increasing its efforts to combat these crimes. In January 2024, the government enacted amendments to the country’s antitrafficking law, increasing penalties for violators.