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. 5

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