1.2. The right to freedom of expression is practised and citizens, including journalists, are asserting their rights without fear. ANALYSIS: There was general agreement that there is a lot of fear among citizens, which is partly due to intimidating threats made by state operatives like the police, security officers and the army. Examples of these various threats include an incident when a group of clergymen had stated publicly that they were opposed to automatic presidential succession, and a series of letters, allegedly initiated by state functionaries, appeared in the media scandalizing them. There were other cases cited where police either physically harassed some sections of civil society or ignored instances where such harassment took place. For example, it was said that in the past the police have ignored and even cheered when photographers were physically attacked while taking pictures of court witnesses and accused persons in the course of their professional duties. In other instances, journalists have been physically abused, sometimes in the presence of the police. Where cases were reported, police appeared to be unable to do anything. Another example given was that of an NGO, Women’s Coalition, that had its phones allegedly bugged by security police. There is general confusion in Botswana between ‘government’ and ‘public’, with the two often taken to be one and the same thing: public interest equals government interest and vice versa – hence who is against government is against the public. In the private sphere, advertisers pose a threat to the media by sometimes threatening to withdraw advertising should the media not tow their line or report negatively on them. Cultural taboos were identified as another form of intimidation and gender-related hazards have been found to be prevalent in the country. But it was also noted that despite these threats, the Botswana media still continue to publish what they want. SCORES: Individual scores: Average score: 1.3 2, 2, 2, 2, 2, 2, 1, 2, 3, 1 1.9 There are no laws restricting freedom of expression such as excessive official secret or libel acts, or laws that unreasonably interfere with the responsibilities of media. ANALYSIS: It was noted that there is a lot of arrogance within the Botswana civil service and that although the freedom to receive information is constitutionally guaranteed, there is no freedom to seek information. This is not helped by the fact that the President seems to have unlimited powers under the country’s constitution. His actions are such that he appears to be above the law. So This Is Democracy? 2005 -191- Media Institute of Southern Africa