No vaccine for inappropriate dress code

Civil society condemns makgotla for barring people from vaccines

Civil Society Organisations ( CSOs) have called on the government to eliminate all barriers to vaccine access including in relation to all clothing requirements to access vaccination regardless of location.

This follows recent reports of incidents where some women and men were allegedly turned away last week when they visited some makgotla for their COVID- 19 vaccines owing to ‘ inappropriate dress code.’

The Ministry of Health and Wellness has designated some makgotla as rollout facilities for COVID- 19 vaccines. These include Mmopane kgotla, Mogoditshane kgotla, Metsimotlhabe, Masetlheng, Ramotswa, Taung and Phase 4 kgotla.

As of August 23, 2021, the COVID- 19 death toll stood at 2,171, and less than eight per cent of the population has been vaccinated.

They believe that if the government could strengthen vaccine access and administration protocols to include non- discrimination provisions and ensure universal access for all, more lives could be saved.

Among CSOs concerned are; Botswana Centre for Public Integrity ( BCPI), Ditshwanelo- The Botswana Centre for Human Rights, Friends of Diversity, Molao Matters, Emang Basadi, Putting Women First Trust, SkillShare International Botswana, Stepping Stones International, Peace by Peace, WoMen Against Rape ( WAR), and Friends of Diversity.

The organisations collectively believe that denying some women and men access to a Kgotla on the premise that they are not dressed according to the customs of the Kgotla contravenes basic human rights, especially for purposes of receiving a health service geared towards the preservation of life and not to participate in any cultural process.

They highlighted the infringement of sections 3 and 15 of the Constitution of Botswana which deal with the protection of fundamental freedoms and protection from discrimination, respectively.

They said this is a violation of the right to health, which falls squarely within the broadest interpretation of the right to life safeguarded under section 4 of the Constitution of Botswana.

They added that the right to health is similarly provided for under several international treaties such as the Universal Declaration of Human Rights ( UDHR), the Convention on the Elimination of All Forms of Discrimination Against Women ( CEDAW) the African Charter on Human and Peoples’ Rights ( ACHPR), as well as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa ( the Maputo Protocol), which Botswana is a party to.

This right is additionally reflected under international customary law.

“We remind the government and its state actors about the universality of human rights that they apply to everyone, everywhere in the world in the same way.

“The government is therefore obligated to protect, fulfil, respect and promote all fundamental human rights; particularly the right to health during the pandemic”.

CSOs say as a party to the International Covenant on Civil and Political Rights, Botswana must observe Article 4 which emphasises that in a time of “public emergency”, measures taken by a State party must not be inconsistent with other international laws and must not be discriminatory.

“We call upon the Ministry of Nationality, Immigration and Gender Affairs, the Ministry of Health and Wellness, the Office of the President and the Ministry of Local Government to ensure that all members of the public receive vaccines, indiscriminately at all the vaccine rollout facilities that have been designated by the government of Botswana”.