A/HRC/10/69
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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
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