A/HRC/10/29
Senegal welcomed the fact that Botswana had accepted most of the recommendations and
encouraged Botswana to put them into practice in order to make the progress already
achieved irreversible. Senegal invited Botswana to pay particular attention to issues relating
to the rights of the child and of women as well as to those concerning the eradication of
poverty and the promotion of education and health. Senegal wished the authorities of
Botswana every success in their efforts to ensure the continuing improvement of the human
rights situation in their country.
275. The United States of America commended Botswana for its commitment to
democratic principles and appreciated its leadership in promoting similar progress in the
Southern African Development Community region and the continent as a whole. The
United States recognized Botswana’s investment in improving health care, access to
primary education and the higher enrolment rates for children, particularly for girls. It also
praised the role of women in government and society, and welcomed the implementation of
the new domestic violence law, noting that increasing the access of women to development
assistance and provision of better legal protections for women, including for rape, would
help consolidate the gains for women. It also noted the recent opening of dialogue with the
San, expressing hope that further discussions with the San and other minority groups would
be held in order to better address land, education and development assistance issues. The
United States further commended Botswana for its intent to improve the national capacity
to promote and monitor human rights, including efforts to address judicial delays. The
United States stated that it supported Botswana’s efforts to promote the professionalization
and human rights training for its security forces and the seeking of assistance in this area.
276. Djibouti noted that, like all other countries in the subregion, Botswana faced
enormous difficulties in effectively implementing its policy to eradicate poverty. Noting
that Botswana had been severely affected by HIV/AIDS in recent years, Djibouti praised
the Government for setting up a policy to monitor HIV/AIDS, and indicated that this should
be shared with other countries affected by the pandemic. Djibouti expressed the view that
the recommendations emanating from the universal periodic review would help improve the
general human rights situation in the country. However, the implementation of these
recommendations would require an internal and external symbiosis to meet the challenges
faced by Botswana.
(c)
General comments made by other relevant stakeholders
277. The Canadian HIV/AIDS Legal Network commended the delegation for its
acceptance of recommendation 24 on measures to address HIV/AIDS, but expressed its
disappointment at the rejection of recommendations 18 and 23 on non-discrimination based
on sexual orientation and the decriminalization of same-sex activity. It urged the
Government to consider repealing the provisions of its penal code that criminalize same-sex
conduct between consenting adults. It was noted that the Human Rights Committee had
found that such provisions violated established international human rights law, in particular
the rights to non-discrimination and privacy. Noting the comments made by the delegation
that there was no known case of discrimination on those grounds, he referred to the Human
Rights Committee, which had found that even when the laws were not actively enforced,
they stigmatized and marginalized vulnerable groups in society. The struggle against
HIV/AIDS was also undermined by such provisions. The Human Rights Committee and
UNAIDS had repeatedly emphasized that they ran counter to efforts to address HIV and
AIDS by driving marginalized communities underground. In December 2008. 66 States
from all regional groups, including 6 from the African region, called for an end to laws
criminalizing homosexuality. The call was supported by the High Commissioner, who
stated that no human being, simply because of their perceived sexual orientation or gender
identity, may be subject to discrimination, violence, criminal sanctions or abuse.
GE.09-17451
129
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