A/HRC/10/69
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19.
The delegation confirmed that the law in Botswana criminalizes same-sex sexual
activities; however, it allows for the registration of civil society organizations that are not set up
to advocate for the rights of lesbians, gays, and bisexuals, to nonetheless advocate for the rights
of such groups.
20.
Regarding the December 2006 court ruling allowing the San (Basarwa) communities to
return to their ancestral land in the Central Kalahari Game Reserve and the level of dialogue and
progress that has been made since this ruling, the Government of Botswana stated that it has
fully implemented the Court order.
21.
Recognizing that the question of the Reserve is not just a legal issue, the Government
opened dialogue with the people on it. The President of Botswana met with representatives of the
Reserve on 12 of June 2008, and subsequently instructed the inter-ministerial committee on the
Reserve to continue dialogue. The Committee met with representatives of the Reserve
community on 26 November 2008 to map the way forward. They agreed to meet on 22 or 23 of
January 2009, when each party will present a list of issues for discussion to bring this matter to
an amicable conclusion.
22.
On the death penalty, the delegation explained that there are no plans to abolish capital
punishment or impose a moratorium on its application. It noted that, in 1997, the Parliamentary
Law Reform Committee produced a report which showed that the public was in favour of its
preservation.
23.
Regarding clemency proceedings, the Government replied that concerns of Member
States on representations by family and or lawyers are reasonable and will be put to the relevant
authorities.
24.
Regarding torture, the delegation vehemently denied any widespread use of torture in
Botswana. It indicated that it was not opposed to ratifying the Optional Protocol to the
Convention against Torture, but explained that taking on additional structures, as may be
required by its ratification, would place a burden on its resources.
25.
The delegation affirmed that the Government considers youth unemployment a priority
issue and has established a ministry responsible for youth and introduced initiatives, such as
youth officers in each ministry and a young farmers’ fund.
26.
Botswana explained that it will look into extending standing invitations to all special
procedures but it is comfortable with its status quo.
27.
The Minister reaffirmed Botswana’s commitment to the work of the Council and to the
success of the universal periodic review.
B. Interactive dialogue and responses by the State under review
28.
During the interactive dialogue, statements were made by 42 delegations. The broad
consultation conducted in preparing the national report and the openness and commitment to the
universal periodic review dialogue of Botswana were welcomed. A number of delegations
praised the progress made in the realization of economic, social and cultural rights, particularly
by referring to the national strategy for poverty reduction “Vision 2016”, the advances made in
universal primary education, the development of a national primary health-care strategy and a
national institution for the prevention and treatment of pandemics, particularly HIV/AIDS. The
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