Gender, policy and family in contemporary Botswana

Abstract

abstract The Children's Bill of Botswana, currently in draft form, is inching closer to its enactment. The newspaper-based discussion of the Bill has mainly revolved around the child's right to know their biological parents. On the one hand, the development of the Bill has been welcomed by disgruntled, unmarried fathers and to a certain degree by women's activist organisations. On the other hand, the ‘right to know’ is criticised by traditional leaders who see it as contradicting customary norms surrounding the legitimisation of families. Some women regard the ‘right to know’ as ‘opening up a can of worms’—as having the potential to undermine their integrity as mothers. A Women and Law in Southern Africa (WLSA Botswana) study of maintenance laws and practices (1992) points to the difficulties faced by women to obtain financial support for their children from their biological fathers. The seemingly failure of fathers it play their parental roles is evidenced by the ever-increasing number of unresolved maintenance cases. A study by cultural anthropologist Townsend (1997) on male life courses reveals the reality of fathering over generations, which is not captured in legislative and policy contexts. The findings of the WLSA and Townsend and the current media debates expose the complexity of parenting within the contexts of customary and common laws which regard families as only ‘legitimate’ within the context of marriage. Using the current media-based debate on children's rights as a focal point, this briefing touches on contestations over parenthood, while highlighting the challenge of conceptualising family within a dynamic socio-cultural and policy landscape in Botswana.