A/HRC/23/7
Also, the Government had continued to support civil society organizations that provided
services to women and children who were victims of gender-based violence. That support
included funding specific activities.
23.
The delegation stated that an interministerial initiative was in place to address
gender-based violence from a criminal justice perspective, to augment all other existing
initiatives and programmes.
24.
The delegation stated that the Government had not taken any additional measures,
subsequent to the 2010 Employment Act amendment, regarding the issue of sexual
orientation. However, the delegation clarified that the Penal Code still proscribed unnatural
acts involving persons who have carnal knowledge of others against the order of nature.
25.
The delegation stated that the Government continued to engage the Basarwa through
established structures, with a view to ensuring a sustainable solution to the Central
Kgalagadi Game Reserve (CKGR) matter. Several programmes were being implemented,
including poverty eradication, affirmative action, education for all, community-based
natural resource management planning, and effective utilization of wildlife management
areas.
26.
The delegation stated that the Government was working with the coalition of nongovernmental organizations that was producing a community-based land use management
plan for within the CKGR, intended to address government policies for the conservation of
the CKGR biodiversity and wildlife resources.
27.
Regarding measures to speed up responses by government departments to the
requests of the Office of the Ombudsman, the delegation stated that all departments had
been urged to respond promptly to enquiries by the Office. Non-compliance may affect the
grading of a given ministry or department during periodic ministerial reviews and could
result in severe consequences.
28.
Regarding steps taken to ensure equal access for women to education and justice, the
delegation stated that there were no institutionalized impediments to education for women.
29.
On access to justice, the delegation stated that all persons within the territory of
Botswana had access to national courts of civil and criminal jurisdiction. The Abolition of
the Marital Power Act of 2005 changed the initial position prohibiting women from
bringing an action in the courts without their husband’s assistance. In addition, the Rules of
the High Court recognized women’s unlimited access to the High Court and that a spouse
could sue and be sued without the assistance of the other.
30.
The delegation stated that the Government continued to comply with international
standards in the treatment of prisoners. Regarding overcrowding in prisons, the
Government had embarked on a study, with the assistance of the Commonwealth
Secretariat, to develop alternatives to imprisonment. That was in addition to a number of
measures already being implemented, such as remission and extramural provisions already
contained in the legislation.
31.
Regarding the recommendations made by the Special Rapporteur on the rights of
indigenous peoples, the delegation stated that the Government did not recognize any
specific group as more indigenous than others. All groups were considered to be indigenous
to the land. However, the delegation indicated that Botswana recognized that not all groups
were at the same level of development. The Government introduced preferential strategies
to absorb such communities into the mainstream of the country’s economy, including
through employment and education. The Government was also actively pursuing
affirmative action measures for remote area communities in order to promote social
inclusion and equal opportunities for meaningful participation in the development process.
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