A/HRC/10/69
Page 13
capacity on treaty reporting, including through exploring the possibility of producing a commoncore Document, if Botswana so wishes.
68.
China noted the challenges faced by Botswana in achieving the Millennium Development
Goals and the positive efforts in this regard, and asked about implementation of the 2003
national strategy for poverty reduction and the difficulties encountered. China enquired whether
international assistance was obtained and what support it needed from the international
community. It asked about progress made and challenges encountered in Botswana’s ambitious
2016 Vision.
69.
Australia, noting the concern of the Committee on the Rights of the Child at the levels of
physical and sexual abuse of children, enquired whether the national plan of action specifically
tackles the issue of abuse and, if not, what other actions were taken to combat it. It noted that
Botswana could play a leading role in the area of the death penalty and the decriminalization of
homosexuality. Australia recommended that Botswana ratify the Second Optional Protocol to the
International Covenant on Civil and Political Rights to abolish the death penalty. It asked when
Botswana intended to sign the Convention on the Rights of Persons with Disabilities.
70.
Norway welcomed the initiatives by the Government on the situation of indigenous
peoples and minorities, but added that outstanding issues remained, relating to indigenous
peoples’ right to land, and education for children belonging to such groups. Norway requested
Botswana’s comments thereon and recommended that Botswana agree to the request by the
Special Rapporteur on the rights of indigenous peoples to undertake a visit. It said the existence
of two parallel judicial systems in Botswana poses special challenges when securing the rights of
women. The fact that the Abolition of Marital Power Act does not apply to Customary and
Religious marriages illustrates the need for revision of all relevant laws to ensure that the rights
of women as stated in international conventions are reflected. It welcomed the intention to
amend the Marriage Act to ensure that all marriages are registered, and recommended a specific
timeline for the implementation of this amendment.
71.
Argentina emphasized the ratification of the Convention of the Rights of the Child. It
suggested that Botswana adapt its domestic legislation to prevent the physical abuse of minors
and to ensure girl children are protected from sexual abuse, as traditions and customs do not take
into account the Convention. Argentina also noted the progress made in empowering women and
promoting gender issues in its national policy, suggesting concrete measures be taken to
eliminate the persistence of customs harmful to the rights of women, such as early contract
marriages and polygamy. Argentina congratulated Botswana on its policies to prevent and
control HIV/AIDS, but noted with concern the large number of people suffering from this
disease.
72.
The Holy See commended Botswana on the abolition of the Marital Power Act in 2004.
It noted, however, that the abolition does not apply to customary and religious marriages, as
women who marry under traditional law are regarded as legal minors. It noted the consultations
aimed at addressing the disparities and asked about progress made. It recommended that
Botswana completely abolish the death penalty. The Holy See noted that the High Court declared
the evictions of Basarwa from their ancestral territory as unlawful and unconstitutional and that
the Basarwa are still struggling to return to their ancestral land because of limitations on their
way of life imposed by the authorities. It enquired about measures the Government could take to
improve the situation.
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