A/HRC/10/69 Page 7 rates in prison populations and enquired about approaches to prevent its spread. Belgium recommended that the prison population be educated about the risks of the spread of the HIV/AIDS virus and that sanitary conditions of prisons be respected. 34. Chile recognized the establishment of a women’s affairs department and the policies aimed at empowering the development of women and integrating them in the education system, recommending that Botswana continue those efforts. Deeply concerned about corporal punishment of children, Chile recommended that Botswana continue to incorporate the provisions of the Convention into domestic legislation, especially article 19(1). It also recommended that consideration be given to designating an institution responsible for coordination and implementation of policy on children. Following up to remarks by Botswana on the International Covenant on Economic, Social and Cultural Rights, it asked whether the Government has a date for accession. 35. Finland noted the routine HIV-testing introduced in 2004 in public health facilities and that HIV prevalence is declining. It recommended that Botswana ensure the prompt and effective implementation of its programme for AIDS orphans. Finland expressed concern regarding the relations between the diamond business and the indigenous peoples who have suffered from forced eviction or have been prevented from having access to their water boreholes or practicing their means of livelihood. It asked the Government what it intends to do to ensure respect for the rights of the indigenous people inhabiting the areas of interest to companies active in the business. It recommended that Botswana take immediate action in this regard. 36. With regard to unemployment, France noted that a racist xenophobic attitude against migrant workers, particularly Zimbabweans, is developing and enquired about countermeasures. France also noted that the Penal Code criminalizes the relations of people of the same sex and that the Constitution does not provide protection for people discriminated against on the basis of sexual orientation. In 2003, the Court of Appeal ruled Section 164 of the Penal Code discriminatory; in this connection, France enquired as to whether Botswana envisages the decriminalization of consenting same-sex activity. France recommended that Botswana adopt the necessary measures to combat discrimination of all kinds, including those based on sexual orientation, gender, colour, religion and political opinion. France recommended that Botswana put an end, de jure and de facto, to the practice of corporal punishments in traditional judicial systems. It noted that the Constitution guarantees freedom of expression and of the press, but some intimidation and threats have been noted against journalists. France also asked about the impact of the media practitioners’ bill on the media. France recommended that Botswana ratify the Optional Protocol to the Convention against Torture. 37. The Netherlands noted that the Constitution forbids discrimination on the base of ethnicity, race, nationality, creed, sex or social status, but that civil society organizations advocating for the rights of LGBT have been denied legal status and same-sex sexual activities between consenting adults remain a criminal offence. It recommended that the Government decriminalize such activities and forbid discrimination on the base of sexual orientation. It recommended that the Government consider the abolition of the death penalty, in conformity with the latest relevant General Assembly resolutions. 38. Mauritius noted Botswana’s reply on the establishment of a human rights institution and asked if it is facing any obstacles in terms of human or financial capacity in its establishment. Mauritius requested further information on the issue of legal aid, noting the appointment of the consultant to conduct a feasibility study. Having noted the challenges Botswana faces regarding