A/HRC/10/29 268. Botswana confirmed that the Children’s Act was still under review and in its final stages before Parliament. The delegation noted that corporal punishment was still lawful and that the Customary Courts, the Penal Code and the Education Act and Regulations governed its administration and contained restrictions on its application. It indicated that corporal punishment was not intended to be degrading but was viewed as a legitimate and acceptable form of punishment. 269. The delegation noted that all indigenous groups in Botswana were accorded opportunities guaranteed to every Motswana. 270. With regard to the recommendations that it take measures to address all forms of discrimination, including that based on sexual orientation, ethnicity, gender, colour and political opinion, Botswana indicated that the Government maintained that section 15 (3) of its Constitution prohibited discrimination against any person on the grounds of race, tribe, place of origin, political opinions, colour, creed or sex, and, as such, any person of the view that their rights had been violated could, at any time, seek redress before the High Court of Botswana. While it acknowledged that Botswana criminalized same-sex sexual activity and practices, a reflection of the moral and religious norms of the society, it noted that there was no known case of discrimination based on sexual orientation. 271. Botswana emphasized that, since its ratification of the Convention on the Elimination of All Forms of Discrimination against Women, it had undertaken various initiatives with a view to promoting and protecting the rights of women. It had continued to undertake progressive legislative reforms to this end, including the enactment of the Domestic Violence Act and the Abolition of Marital Powers Act. The Government continued to educate Batswana through seminars and meetings with stakeholders, including Kgotla meetings, publications and media. 272. Botswana drew the Council’s attention to the fact that the Marriage Act forbade marriage of persons under the age of 18 years without the consent of the parents or guardians. The delegation pointed out that Botswana did not accept the recommendations implying the existence of harmful practices to women, especially those alleging the persistence of early contract marriages and the existence of polygamy. It indicated that there were no practices harmful to women and that the law in Botswana forbade polygamy. (b) Views expressed by Member and observer States of the Council on the review outcome 273. Algeria thanked the delegation of Botswana for the comments and complete replies to the recommendations made during the Working Group session. Algeria was encouraged by Botswana’s determination to comply with its human rights obligations, despite the challenges it faced, particularly in terms of development. Algeria noted that the number of recommendations accepted by the country was an excellent example. Algeria shared and understood Botswana’s concern regarding the need to have necessary resources to meet its obligations under international instruments. Algeria noted that this was a decisive element in the decision by a sovereign Government to accede to an international instrument. Algeria praised Botswana’s efforts to extend the benefits of its pilot project to fight HIV/AIDS to refugees and migrants as well as the efforts aimed at reinforcing actions for women. Algeria welcomed the decision to accept the recommendations made by Algeria in this respect. It stated that the international community had a responsibility to provide support to Botswana through provision of sustainable, appropriate technical and financial assistance on the basis of the needs expressed by Botswana, with a view to enabling Botswana to fulfil its human rights commitments and to improve its performance in seeking to achieve this objective in line with its national priorities. 274. Senegal thanked the head of the delegation for his clear and detailed presentation on his country’s position on the recommendations formulated during the interactive dialogue. 128 GE.09-17451