A/HRC/10/69
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international norms. It also asked what measures are being taken to promote the rights of
indigenous peoples, in particular those of the Kalahari Desert. Cameroon said it would like
Botswana to create a national commission on human rights and freedoms; to finalize various
reports due to treaty bodies, particularly the Committee on the Elimination of Discrimination
against Women, as this would allow better evaluation of the efforts and actions taken in favour
of women; to elevate penal responsibility to the same level as international standards in this area;
and delete the marital prerogative in customary and religious marriage.
83.
In response to additional questions, Botswana indicated that all decisions of the
customary court system are appealable to the Customary Court of Appeal and to the Court of
Appeal of the Land, the highest court. It noted that this system has worked well.
84.
The Government noted that all nationalities or ethnic groups in Botswana are entitled to
all amenities and rights, including the Basarwa in the Central Kalahari Game Reserve. Botswana
noted that the Basarwa were allowed to go back to their land and that the court order was fully
implemented by the Government. The Government is also open to dialogue, including on other
issues, and hoped that this matter would be resolved amicably. Botswana also indicated that the
Basarwa are represented in the traditional House of Chiefs.
85.
The delegation emphasized that Botswana does not accommodate asylum-seekers in
prisons but in centres.
86.
Botswana intended to extend anti-retroviral treatment to refugees; the United States has
undertaken to assist in this regard.
87.
The judicial case management system removes the control of the case from the litigants
to the presiding judges and ensures that dates and conclusions are synchronized.
88.
The delegation indicated that the implementation of the national plan of action for
children was on course and social and economic programmes have been implemented, including
on addressing the issue of child labour.
89.
Botswana clarified that the Inter-ministerial Committee on Treaties and Conventions,
with relevant ministries, has a mandate to consider the signature, ratification and implementation
of conventions.
90.
On gender issues, Botswana is currently reviewing its policy on women in development.
It also enacted the Domestic Violence Act of 2008 and has conducted gender mainstreaming
activities within a number of ministries.
91.
In his concluding remarks, the Minister expressed his gratitude to all delegations for their
comments, questions and recommendations and noted that it would provide further answers in
due time. It noted the strong recommendations made particularly on corporal punishment, the
death penalty and the decriminalization of homosexual practices. It reaffirmed the leading role of
the Government and the importance of a democratic process in decision-making.
II. CONCLUSIONS AND/OR RECOMMENDATIONS
92.
In the course of the discussion, it was recommended that Botswana:
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