"The only reason the four families are facing this situation is because a Botswana judge is using the [United Nations Convention on the Rights of the Child, the CRC] to impose his subjective view regarding education and to substitute his opinion as to what is in the 'best interests' of these children over the views of the parents," the organization explained in a report on its website.

HSDLA previously has warned that the UN effort, which has not been adopted by the US but has been embraced by most other nations, "opens the door for judges to make sweeping determinations about how children are educated."

HSLDA reports the families in Botswana are part of a Seventh Day Adventist church and homeschool because of their religious and other beliefs. It was on May 24th when Judge I.T. Molobe, a magistrate, ordered the families to enroll their children in public schools and stop home education.

Molobe cited Botswana's UN "treaty obligations" as a reason to find that the parents violated the "welfare of these children, particularly enjoyment of their right to education as espoused in various local legislation and treaties to which the country ascribes," the report said.

Even though lawyers working with the families explain there does not appear to be any explicit legal requirement in Botswana demanding parents send their children to any school, the families were ordered to forfeit their teaching materials to the state. The materials were confiscated during a police raid in July.

Social workers cited the UN treaty as the reason they started investigating the families. Principal Magistrate Jennifer Chhikate has ordered the parents to court on September 9th to prove they are complying, with jail time and fines possible for failure.

The HSLDA estimated there are only a few hundred children being homeschooled in Botswana, a nation of some 2 million people north of South Africa.

"There is no way I will enroll my children in school under any circumstances," one of the parents, identified as the husband of Lolo Modimoothata, said to HSLDA Director of International Relations Michael Donnelly. "I must obey God. The schools here are corrupt and teach my children things that go against our faith and our values. I cannot allow them to go to these schools."

An earlier investigation by social services workers found the children did not want to attend public schools and their home education was superior. The judge concluded they were cared for, but that could not overcome the demands of the UN.

The HSLDA warned that every homeschooling family should worry that judges more and more are citing the UN demands to intervene in what families decide is best for their own children.

Leendert Van Oostrum, an executive with The Pestalozzi Trust, said his organization has hired an attorney for the families and is working on an appeal.

"These are very determined and brave families," Van Oostrum said. "They believe it is their God-ordained duty and right to educate their children at home. We are proud to be able to support them in their cause. We find the behavior of the Botswana police and courts outrageous and hope that more responsible leadership will be applied to remedy this situation without undue trauma to these children."

He explained that because of limited resources, one family already sold a vehicle to pay the legal fees.

Now HSLDA has written a letter to the ambassador for Botswana, asking him to help the families.

Donnelly told the ambassador that Germany and Sweden both have been given negative international attention when they have attempted similar crackdowns on parental rights.

"There appears to be a heavy bias in some countries against the rights of parents to decide what is best for their children," Donnelly explained. "We have seen egregious cases of authoritarian treatment of homeschooling families in Germany and Sweden in Europe and now with Botswana in Africa. We call on policy makers in Botswana to take swift action to protect the rights of parents to determine the best form of education for their children, including homeschooling."

The letter points out that one of the parents was "threatened that his application to become a naturalized citizen of Botswana will be opposed if he does not 'cooperate' with the secret police."

It cites the US judge who wrote last January while approving asylum for a homeschooling family whose members had been persecuted in Germany, "No country has a right to deny these basic human rights."

http://www.hslda.org/ - The association is asking constituents to contact either the Botswana Embassy or the nation's president at:

His Excellency Mr. Lapologang Caesar Lekoa
The Ambassador of the Republic of Botswana
1531-1533 New Hampshire Ave., NW
Washington, D.C. 20036
(202) 244-4990
llekoa@botswanaembassy.org

His Excellency the President, Lieutenant General Seretse Khama Ian Khama
Private Bag 001, Gaborone
Botswana
Contact Person: Ms. Seadimano Oefile
Phone: +267 395 0800
Fax: +267 395 0858
soefile@gov.bw

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