A/HRC/10/69 Page 4 9. The Minister indicated that Botswana is committed to the democratic process and that it is responsive to the needs of the people and it cannot undertake initiatives that are contrary to their interests. However, he emphasized that civil society organizations are free to mobilize support and educate the people on the need for specific changes, which in its view can enhance the enjoyment of human rights. It was against this background that the position of the Government on the death penalty, corporal punishment, gay and lesbian rights should be understood. 10. The Minister proceeded to respond to written questions submitted in advance. Botswana confirmed its intention to establish a national human rights institution. Consultations to initiate the process are ongoing and it is expected that it will be established by the next review. 11. Regarding the issue of discriminatory laws, the Commission of enquiry concluded that sections 77 to 79 of the Constitution were discriminatory, and that these had been amended to accommodate the concerns. 12. Concerning measures taken to implement the rights of the child and to prevent violence and sexual exploitation of children, Botswana has developed draft legislation incorporating provisions of the Convention on the Rights of the Child, to be presented to Parliament in February 2009. Subsequent to the enactment of the revised Act, Botswana intends to withdraw its reservation to article 1 of the Convention. 13. Botswana stated, inter alia, that the Education Act provides a strict framework within which corporal punishment is administered. 14. The Minister addressed questions raised on women’s rights, especially with respect to Customary laws compromising gender equality, marital rape and measures taken to prevent domestic violence. Particular mention was made of the adoption of the Abolition of the Marital Power Act of 2004, and that Ntlo ya Dikgosi, as custodians of customary law, are consulted on all legislation having an impact on custom and had accepted this new law. 15. Regarding marital rape, it was noted that there are deficiencies in the existing legislation and this may require the enactment of legislation after due consultation. To prevent domestic violence, the Government has embarked on a rigorous public education campaign that includes radio, television, print media and kgotla meetings to educate and sensitize members of the public, also on the provisions of the Domestic Violence Act. The Botswana Police Service has started to employ social workers to provide counselling and to be responsive to the needs of victims. 16. Botswana agreed that treaties should be domesticated and implemented and, to this effect, has set up an inter-ministerial committee. However, it noted the challenges relating to technical and financial capacity that it intended to address and hoped to benefit from the support of the international community. 17. On the ratification of the International Covenant on Economic, Social and Cultural Rights, Botswana indicated that it would accede to the Covenant when it is in a position to implement its provisions and emphasized that capacity for the latter was critical. 18. Botswana indicated that it is constructing new prisons and exploring alternative measures to imprisonment.