27 Aug 2024

Refugees residing in Botswana are at liberty to apply for work permits and are currently applying in very small numbers.

Answering a question in Parliament recently, Minister of Justice, Honourable Machana Shamukuni said last year, the ministry supported nine applications for onward submission and processing while this year only two applications were received.

Hon. Shamukuni said where a refugee applied for a work permit, the application was routed through the Ministry of Labour and Home Affairs, for the Minister of Justice to exercise discretion under section 13 of the Refugees (Recognition and Control) Act to support the applicant and request the labour ministry that the period that a recognised refugee had resided in

Botswana be regarded as a period they had only been a resident of Botswana.

Regarding access to education, he said Botswana offered refugee children education up to senior secondary which was far better than the requirement of the 1951 United Nations

Convention relating to the status of refugees.

He explained that Article 12 of the Refugees Convention called for states to offer elementary education (primary).

“It is not a violation of human rights to deny a refugee a work permit as processes are followed in line with the provisions of the Immigration Act which provisions applied to all applicants irrespective of whether the applicant was a refugee or not,” he said.

He added that the mandate of the ministry of justice related to management and welfare of refugees not issuance of work and residence permit.

He indicated that work and residence permits were the portfolio responsibilities of the labour and home affairs ministry and the procedure for applying for a work permit was regulated by the Immigration Act.

Francistown West MP, Mr Ignatius Moswaane had asked the minister if he was aware that refugees were denied residence and work permits yet some had been in Botswana for more than 20 years. Mr Moswaane asked the minister if he was aware that children who were born of refugee parents were also denied tertiary education even in cases of passing with distinction.

He also asked the minister if he was aware that the parents were unable to work and sponsor their children, whether that was not a violation of human rights. ENDS