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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents