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the definition of the child, will be withdrawn once the national law is enacted.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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