A/HRC/10/69 Page 8 poverty, marginalization and unemployment, it called on development partners to assist Botswana with the necessary technical and other support to strengthen their implementation and development capacity with regard to human rights instruments and their domestication wherever desirable. 39. While Mexico indicated that customary practices undermine the rights of women, foreigners, children, indigenous peoples, and minority groups. Mexico emphasized that the appeals of indigenous peoples and the decision of the Supreme Court in favour of indigenous peoples must be respected. Mexico recommended that Botswana accept the visits of the Special Rapporteur on the rights and fundamental freedoms of indigenous peoples and the Special Rapporteur on contemporary forms of racism. It recommended that favourable consideration be given to the ratification of the ILO Convention 169 on Indigenous and Tribal Peoples. Mexico recommended the adoption of all measures necessary to harmonize customary laws with international instruments signed by Botswana. It recommended that Botswana accede to the International Covenant on Economic, Social and Cultural Rights and that it ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Mexico recommended that Botswana issue a standing invitation to the special procedures and indicated that this recommendation was made in the context of Botswana’s appeal for the international community to provide assistance and support for human rights. 40. In response to the issues raised, Botswana noted that financial constraints were an obstacle to the ratification of the International Covenant on Economic, Social and Cultural Rights. However it pointed out the existing Government policies covering the issues reflected in the Covenant’s provisions and the efforts being made in providing free housing to everyone, including through a programme to be initiated in the upcoming financial year. 41. Botswana reaffirmed that the draft legislation on children incorporates all the provisions of the Convention on the Rights of the Child and noted that the only reservation made to it, on the definition of the child, will be withdrawn once the national law is enacted. 42. Botswana reconfirmed its position on the death penalty. It noted the role of civil society in educating the people and in advocating for change on the issue of the death penalty and the criminalization of homosexuals activities. It repeated its openness towards organizations advocating for these issues. 43. As regards the San people, Botswana noted the opening of dialogue and consultation and expressed hope that they would be able to reach an amicable solution with the Basarwa people of the Central Kalahari Game Reserve. 44. Botswana denied that xenophobia in the country is at an alarming extent, though recognized the report of complaints, particularly those regarding the employment of migrants. It noted the problem of undocumented migrants from Zimbabwe and indicated that an influx of people in the country would have economic and social consequences. It explained that illegal immigrants are taken to specific detention centres and are repatriated, at the cost of approximately two million Pula a year. 45. With regard to HIV and its transmission to unborn children, Botswana referred to its programmes whereby treatment is provided to pregnant mothers, and referred to significant improvements in the rates of HIV prevalence in the country.

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