AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits de l’Homme
& des Peuples
African Commission on Human & Peoples’
Rights
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505/4410506; Fax: (220) 4410504; E-mail: au-banjul@africa-union.org; Web www.achpr.org
REPORT OF THE JOINT PROMOTION MISSION TO
THE REPUBLIC OF BOTSWANA
BY
COMMISSIONER SOYATA MAIGA
COMMISSIONER LAWRENCE M. MUTE
COMMISSIONER HATEM ESSAIEM
&
COMMISSIONER MARIA TERESA MANUELA
09 to 13 JULY 2018
TABLE OF CONTENTS
ACKNOWLEDGMENTS
EXECUTIVE SUMMARY
1.0 INTRODUCTION
Pg. 1
1.1 Composition of the Delegation
1.2 Terms of Reference
1.3 Previous Engagements between the Commission and Botswana
1.4 Country Profile
1.5 Methodology
2.0 FINDINGS
Pg. 6
2.1 The rights of people living with HIV/AIDS
2.2 Legislative and other measures to implement the provisions of the African
Charter
2.3 Freedom of expression and access to information
2.4 Prohibition of torture
25 Prisons and conditions of detention
2.6 The rights of women
2.7 The rights of children
2.8 The situation of refugees
2.9 The rights of persons with disabilities
2.10 The rights of indigenous populations/communities
2.11 The right to work
2.12 The right to health
2.13 The right to education
2.14 Extractive industries
3.0 RECOMMENDATIONS
Pg. 13
ANNEXES
Pg. 16
-
Annex 1: List of people met during the various meetings
Annex 2: The Agenda of the Mission
ACKNOWLEDGEMENTS
The African Commission on Human and Peoples’ Rights (the Commission) would like
to express its gratitude to the Government of the Republic of Botswana (Botswana) for
authorizing this Promotion Mission, and for putting at the disposal of its Delegation all
the facilities and personnel to ensure the success of the Mission.
In particular, the Commission singles out the Ministry of International Affairs and
Cooperation and the Focal Points who accompanied the Delegation throughout its
Mission, for the arrangements put in place which enabled the Delegation to meet a
variety of Government and other actors, in order to have a fairly representative view of
the human rights situation in the country.
The Commission also wishes to thank all the representatives from various Government
ministries, independent statutory institutions and other individuals that found time to
meet with its Delegation.
EXECUTIVE SUMMARY
The Commission undertook a five-day mission to Botswana, from 09 to 13 July 2018,
and met with various Government authorities and representatives from intergovernmental and Non-Governmental Organizations (NGOs). This mission was
undertaken in line with Article 45(1) of the African Charter on Human and Peoples’
Rights (the African Charter), which mandates the Commission to promote observance
of the rights guaranteed, to monitor its implementation, to ensure the protection of the
rights and freedoms set out therein, and to interpret the Charter.
During the mission, the various measures put in place to address the HIV pandemic in
Botswana were noted and commended. Additionally, laudable initiatives such as access
to free health care and education were noted. Several areas of concern were noted, for
which recommendations have been proposed, in order to ensure promotion and
protection of human rights in Botswana.
In this Report, the Commission proposes several recommendations, including calling on
the Government to: address the shortfall in funding to ensure provision of adequate
financial support to programs developed to address HIV/AIDS; and to addressing the
rising rate of new HIV infections among adolescents, young girls and women. The
Commission also calls on the Government to expedite the ratification of regional and
international instruments, in addition to enacting legislation criminalizing marital rape,
regulation for funding of political parties, recognizing the rights of indigenous
populations and ensuring the right of access to information. The Commission also calls
on the Government to establish an independent body to investigate allegations of
torture and an independent police oversight body to investigate allegations of
violations committed by the police.
1.0 INTRODUCTION
1.1 Composition of the Delegation
1. The Commission’s Delegation comprised the following:
i.
Commissioner Soyata Maiga, Chairperson of the Commission, Chairperson of
the Committee on the Protection of the Rights of People Living with HIV
(PLHIV) and Those at Risk, Vulnerable to and Affected by HIV and Chairperson
of the Working Group on Indigenous Populations/Communities in Africa;
ii.
Commissioner Lawrence Murugu Mute, Vice-Chairperson of the Commission,
Commissioner Rapporteur on the human rights situation in the Republic of
Botswana and Special Rapporteur on Freedom of Expression and Access to
Information in Africa;
iii.
Commissioner Hatem Essaiem, Chairperson of the Committee for the Prevention
of Torture in Africa;
iv.
Commissioner Maria Theresa Manuela, Special Rapporteur on Prisons,
Conditions of Detention and Policing in Africa; and
v.
Mrs. Anita Bagona, Ms. Eva Heza and Ms. Doris Kendi Kiambati who provided
technical support to the Delegation during the Mission.
1.2 Terms of Reference
2. The Terms of Reference of the Mission to Botswana were as follows:
i.
To promote the African Charter and other relevant regional and international
human rights instruments and raise awareness on the activities of the
Commission;
ii.
To exchange views and share experiences with the Government of Botswana and
other stakeholders working on human and peoples’ rights in the country on
strategies to improve the enjoyment of these rights;
iii.
To strengthen relations between the Commission and the authorities of
Botswana in the area of promoting and protecting the rights enshrined in the
African Charter and other relevant national, regional and international human
rights instruments;
iv.
To engage in dialogue with the Government of Botswana with regard to
legislative and other measures taken to implement provisions of the African
Charter and other human rights instruments ratified by the country;
1
v.
To evaluate the impact of HIV/AIDS in the country, as well as the situation of
the rights of people living with HIV/AIDS, those at risk, vulnerable and affected
by HIV/AIDS, identify the progress made as well as the obstacles which hinder
the exercise and full enjoyment of their rights;
vi.
To visit hospitals, health centres, screening and other affiliated centres to get
acquainted with the sanitary conditions of people living with HIV and the
measures taken to allow the entire population to access prevention, treatment
and HIV care services;
vii. To exchange views and gather information on exercise of the right to freedom of
expression and access to information in Botswana;
viii. To visit prisons and hold discussions with prison administrative officials and
other stakeholders on all issues relating to detention and prisons, including
conditions of detention;
ix.
To gather relevant information on the situation of the rights of women, children,
asylum seekers, refugees, internally displaced persons, migrants, older persons,
persons with disabilities, indigenous communities, persons in detention, and
other categories of vulnerable persons living in Botswana;
x.
To understand the level of enjoyment of economic, social and cultural rights of
populations in Botswana, as well as measures taken by the Government to
implement this category of human rights;
xi.
To gather information on the implementation of the Guidelines and Measures for
the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (the Robben Island Guidelines);
xii. To exchange views and gather information on extractive industries, and assess
the impact of extractive industries on the life of populations in the country as
well as on the environment;
xiii. To gather information on the situation of human rights defenders in Botswana
and discuss with stakeholders the challenges that hamper the effective
enjoyment of the rights of human rights defenders;
xiv. To advocate for the ratification of integral regional and international human
rights legal instruments that have not been ratified by Botswana; and
xv. To meet with representatives of Civil Society Organisations (CSOs) involved in
the promotion and protection of human rights.
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1.3 Previous Engagements between the Commission and Botswana
3. The present mission was the sixth (6) mission to Botswana. Previous missions were
undertaken in the following years:
i.
Promotion Mission undertaken by Commissioner Victor Dankwa from 26 May to
10 June 1996;
ii.
Promotion Mission undertaken by Commissioner Barney Pityana from 02 to 07
April 2001;
iii.
Promotion Mission undertaken by Commissioner Bahame Tom Nyanduga, the
Commissioner responsible for human rights promotion in Botswana, from 14 to
18 February 2005;
iv.
Promotion Mission undertaken by the Working Group on Indigenous
Populations/Communities, led by the Working Group’s Chairperson
Commissioner Andrew Chigovera, from 15 to 23 June 2005; and
v.
Fact-finding Mission on the protection regime for asylum seekers, refugees and
migrants in Botswana, undertaken by Commissioner Bahame Tom Nyanduga in
his capacity as the Special Rapporteur for Refugees, Asylum Seekers, Internally
Displaced Persons and Migrants in Africa, from 11 to 15 August 2008.
4. Botswana’s Initial Periodic Report, covering the period 1986 to 2007, was presented
during the Commission’s 46th Ordinary Session, held in November 2009, and the
Concluding Observations and Recommendations to Botswana were adopted during
the 47th Ordinary Session in May 2010. The 2nd and 3rd Combined Periodic Report,
encompassing the period between 2011 and 2015, was presented during the
Commission’s 63rd Ordinary Session held in November 2018, with the Concluding
Observations and Recommendations adopted during the 26th Extra-Ordinary
Session held in July 2019.
1.4 Country Profile1
5. Botswana is a landlocked country situated at the centre of the Southern African
region with a surface area of 581,730 square kilometres. The country is divided into
sixteen administrative districts: ten rural and six urban. Under these, there are
twenty three sub-districts including four administrative authorities.
1
Information compiled from the following sources: First Periodic Report to the African Commission on Human and
Peoples’ Rights, 1986-2007; The 2nd and 3rd Report of the Republic of Botswana on the implementation of the
African Charter and the Pre-Mission Report; http://www.gov.bw/en/Ministries--Authorities/Ministries/TheParliament-PO1/; http://www.gov.bw/en/Ministries--Authorities/Ministries/Administration-of-Justice-AOJ/AboutAOJ/The-Hierarchy-of-the-Courts/
3
6. Botswana is a democratic republic with a two-tier system of Government: national
Government headed by the President, and local governments headed by a mayor in
towns/cities and a council chairperson in rural districts. The Government comprises
the National Assembly, the Executive, the Judiciary and the House of Chiefs (Ntlo ya
Dikgosi).
7. Botswana’s Parliament is charged with the responsibility of legislation and
oversight. It consists of sixty-three (63) Members of Parliament, being the State
President, fifty-seven (57) Elected Members, four (4) Specially Elected Members, and
the Speaker of the National Assembly. The Speaker is the head of the Legislature
and is responsible for the administration of Parliament.
8. The House of Chiefs serves as an advisory role on matters of legislation pertaining
to tribal law and custom. It is composed of 35 permanent members (representing
each of the eight Tswana “tribes”) and members who are selected to serve a fiveyear term.
9. The Judiciary is the final arbiter of all legal matters in Botswana, with the Court of
Appeal being the highest and final court in the land. Magistrates’ Courts are created
by the Magistrates Courts Act, as subordinate courts. Cases are appealed to the High
Court from the Magistrate Court.
10. The Constitution was adopted by Botswana at independence in 1966. Chapter II of
the Constitution of Botswana entrenches a Bill of Rights which protects the
fundamental rights and freedoms of the individual but does not entrench social,
cultural and economic rights.2
11. Botswana has a dual legal system, comprising customary law and what is usually
termed received law, or common law. Customary law is the law of any particular
tribe or tribal community insofar as it is not incompatible with the provisions of any
written law or contrary to morality, humanity or natural justice. Customary law is
not written and has variations among different communities. The received law
consists of English law and Roman Dutch law as it was in force at the Cape on 10
June 1891 and as amended by Statutes from time to time and interpreted by the
Courts. The two systems coexist, although there are differences in the law and its
application.3
1.5 Methodology
12. On 27 January 2018, on the margins of the 30th African Union Summit, the
Commission in collaboration with UNAIDS officially launched its study on “HIV,
2
3
First Periodic Report to the African Commission on Human and Peoples’ Rights, 1986-2007, Para 66
Id, Para 41
4
the Law and Human Rights in the African Human Rights System: Key Challenges
and Opportunities for Rights-Based Responses.” The event was attended by several
high ranking authorities including the Vice President of Botswana, H.E. Mokgweetsi
Masisi, who extended an invitation to Commissioner Soyata Maiga to visit
Botswana.
13. Hence, while initially conceived as a Promotion mission of the Committee on the
Protection of the Rights of People Living with HIV (PLHIV) and Those at Risk,
Vulnerable to and Affected by HIV (the Committee), the Commission subsequently
broadened the Terms of Reference to include other thematic areas under its mandate
and requested the Government of Botswana to include meetings with additional
stakeholders in different Ministries and institutions.
14. The mission commenced on 09 July 2018 to 13 July 2018, and it met a total of ninetyeight [98] officials from state agencies, civil society and intergovernmental
organisations (see Annex 1), including:
i.
ii.
iii.
The Permanent Secretary and officials in the Ministry of Defence, Justice and Security;
The Permanent Secretary and officials of the Ministry of Basic Education;
The Permanent Secretary and officials of the Ministry of Youth Empowerment, Sport
and Culture Development;
iv. The Permanent Secretary and officials of the Ministry of Nationality, Immigration &
Gender Affairs;
v. The Deputy Permanent Secretary for Development and Budget and officials of the
Ministry of Finance and Economic Development;
vi. The Deputy Permanent Secretary of the Ministry of Tertiary Education, Research,
Science and Technology;
vii.
Members of the Parliamentary Health and HIV/AIDS Committee;
viii. The Ombudsman, Deputy Ombudsman and officials in the Office of the
Ombudsman;
ix. The Non-Governmental Organisation Council Chairperson and Council members;
x. Officials from the Ministry of Health & Wellness and the Coordinator of the National
AIDS Coordinating Agency;
xi. The Site Manager of the Infectious Disease Control Centre of the Botswana Prison
Service;
xii. The Deputy Commissioner of the Botswana Prison Service and the Divisional
Commander South, Botswana Prison Service;
xiii. The UN Resident Coordinator and representatives from UN agencies; and
xiv. Representatives of civil society organizations working in Botswana.
15. During the Delegation also visited the Infectious Disease Control Centre (IDCC) the
Bontleng Clinic, and the offices of the Botswana Family Welfare Association
(BOFWA). The Mission concluded with a Press Conference.
5
2.0 FINDINGS
16. Overall, the Delegation observed that the interaction during the meetings with the
various Government representatives were quite extensive; however most of the
Government stakeholders largely met provided information on their respective
work in relation to the Government’s response to HIV/AIDS. Furthermore, the
Delegation’s interaction with representatives from NGOs based in Botswana was
rather limited owing to time constraints.
17. Additionally, although requested in the revised Terms of Reference, several
engagements were not held during the Mission including, a meeting with the
Attorney General and the Botswana Government Communications and Information
Systems (BGCIS). Furthermore, during its visit to the Infectious Disease Control
Centre (IDCC), located adjacent to a prison in Gaborone, the Delegation was not
permitted to conduct a visit inside the prison.
18. Based on the interviews conducted and the information obtained by the Delegation,
the findings of the Mission are discussed below, taking into account the Mission’s
Terms of Reference.
2.1 Legislative and other measures to implement the provisions of the African
Charter
19. The Delegation took note of information provided on the measures taken by the
Government to implement provisions of the African Charter. The Government had
adopted laws to ensure protection of human rights, including the Domestic Violence
Act (2008), the Children’s Act (2009), the Anti-Human Trafficking Act (2014) and the
Whistle-blowers Act (2016). Furthermore, Section 15 of the Constitution had been
amended to prohibit discrimination on the basis of sex. The Government had also
instituted outreach programs to register all citizens, in accordance with the National
Registration Act, in order to ensure citizens were able to access Government
services.
20. However, despite these positive measures, the Delegation noted the continued
existence of legal provisions on the death penalty in the statute books and the
continued execution of inmates sentenced to capital punishment. According to the
Government, most of the population continues to opt for the maintenance of the
death penalty in Botswana. The Delegation also took note of the absence of any law
regulating political party funding or expenditure.
21. The Delegation lauded the Government’s commitment and initiatives to combat
corruption, including mandating that all Ministries have an anti-corruption unit,
and the designation of a High Court Judge to deal specifically with cases of
corruption.
6
22. The Delegation was informed that the Non-Governmental Organisation Council
(NGOC) had been established as a statutory body to facilitate dialogue and
collaboration between Government and civil society.
23. The Government had also established the Office of the Ombudsman with the
mandate to investigate complaints of injustice or maladministration committed by
Government officials, and to make recommendations for remedial action. However,
the Office of the Ombudsman faced challenges which had a bearing on the execution
of its mandate, notably the lack of full autonomy and financial independence.
24. Additionally, the Delegation noted that the Government had not established a
National Human Rights Institution (NHRI) dedicated to the promotion and
protection of human rights in the country.
25. Through its various interactions with State and non-state actors, the Delegation took
note of Botswana’s relatively low level of ratification of regional and international
human rights instruments. The Government explained that it preferred to prepare
necessary legislative and policy tools before becoming party to international human
rights instruments. Botswana was not a party to the following:
i.
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Women in Africa;
ii. The Protocol to the African Charter on Human and Peoples’ Rights on the
Establishment of an African Court on Human and People’s Rights;
iii. The African Youth Charter;
iv. The African Union Convention for the Protection and Assistance of Internally
Displaced Persons on Africa;
v. The African Charter on Democracy, Elections and Governance;
vi. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Older Persons;
vii. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Persons with Disabilities in Africa;
viii. The International Covenant on Economic, Social and Cultural Rights and its
Optional Protocol;
ix. The Optional Protocol to the Convention against Torture;
x. The Second Optional Protocol to the International Covenant on Civil and
Political Rights aiming at the abolition of the death penalty;
xi. The Convention for the Protection of All Persons from Enforced Disappearance;
xii. The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families; and
xiii. The Convention on the Rights of Persons with Disabilities and its Optional
Protocol.
7
2.2 The rights of people living with HIV/AIDS
26. As already explained in this report, the situation of HIV/AIDS in the country and
consequent interventions to tackle the disease was the main thematic issue discussed
during the Mission.
27. The Delegation was informed that the Government had made concerted efforts to
address the prevalence of HIV/AIDS. These efforts included establishment of the
National AIDS Coordinating Agency (NACA) within the Ministry of Health &
Wellness to coordinate and facilitate implementation of the national response to HIV
and AIDS, and the Infectious Disease Control Centre (IDCC) established in
the Botswana Prison Service. During the site visit to the IDCC, the Delegation was
informed that the ICCC’s mandate was to promote awareness of HIV/AIDS in the
prisons, including through providing counselling to prisoners, monitoring
medication adherence and providing free ARVs to the prison population.
28. The Delegation learned that at the national level all Government aided institutions
are required to have a HIV/AIDS Coordinator, in order to ensure that this is a focus
area of all Government institutions.
29. The Government instituted a testing program which ensures all citizens have access
to free ARVs, while refugees residing in the Dukwi refugee camp had access to free
ARVs in the clinic which is based in the camp.
30. The Delegation was also informed that in its efforts to address the pandemic, the
Government introduced the ‘test and treat’ program in 2016, which is provided
regardless of CD4 count. Testing is voluntary and available to all, although
teenagers under the age of 16 years require parental consent in order to get tested.
31. Furthermore, the Delegation was informed of the success of the Government
towards ending ‘mother to child’ transmission, with significant reduction in these
cases from 60% to less than 2%.
32. The HIV prevalence in the school system was reported at 1.4% in the age bracket of
13 to 19 years, in response to which the government had initiated sexual and
reproductive health programs targeting the youth.
33. However, in spite of the noted significant gains, the Delegation noted the lack of
adequate financial support for HIV/AIDS programs which had a negative impact on
the Government’s interventions, such as inadequate infrastructure for counselling
services. One of the factors exacerbating the lack of adequate financial support was
the negative ramifications of Botswana’s classification as a ‘middle income country,’
which had impacted the amount of aid received by the Government.
8
34. The Delegation was also informed that the lack of access to free ARVs by noncitizens was hindering the reduction of the HIV/AIDS disease in the country.
35. Additionally, there was rising new HIV infections among adolescents, young girls
and women, which highlighted the need to increase adolescent friendly health
services to ensure provision of comprehensive sexual and reproductive services to
the youth. Legal barriers also existed which restricted key populations such as men
who have sex with men (MSM) and sex workers from accessing HIV prevention
commodities such as condoms and ARVs. The lack of statistics on the prevalence of
HIV/AIDS among the indigenous populations was also observed.
2.3 Freedom of expression and access to information
36. The Delegation was informed that a freedom of information bill was initially drafted
as a Private Member’s bill in 2010, and that it had been presented before Parliament
a number of times. The Government had however not enacted a law to ensure the
right to access information.
2.4 Prohibition of torture
37. In its interactions on the prohibition of torture, the Delegation noted that whereas
there is a Constitutional provision prohibiting acts of torture, the Government has
not enacted specific legal provisions criminalizing torture.
38. Furthermore, the Government has not established a National Preventive Mechanism
specifically mandated to monitor the treatment of persons deprived of their liberty
in places of detention.
39. The Delegation however was informed that police officers are required to undergo
training on the prohibition of torture, and that allegations of torture committed by
the police are investigated by the Disciplinary Board and are appealable to the
Botswana Police Appeals Board.
2.5 Prisons and conditions of detention
40. During its site visit to an IDCC center in Gaborone, the Delegation interacted with
an IDCC Site Manager and the Deputy Commissioner of the Botswana Prison
Services, who provided relevant information on prisons and the conditions of
detention in Botswana. The Delegation was however not able to tour a prison to
inspect facilities and interact with inmates.
41. Specifically, the Delegation was informed that there were about 4002 inmates across
the country and, although there was no overcrowding in low security prisons, there
were cases of overcrowding in high security prisons. Discrimination was not
practised between inmates with and without HIV/AIDS, and convicts and
9
remandees were held in different sections of the prison, while juveniles were housed
separately. The country had two holding centres for women, one in Gaborone and
the other in the north.
42. The Delegation was also informed that there are twenty-three (23) prisons, including
two detention centers for women, one in Gaborone and the other in the North. Due
to the number of prisoners housed, the Government intends to build additional
prisons.
43. Prisoners had access to educational and vocational training in the prisons, including
primary and tertiary education, carpentry metalwork, agriculture, construction,
cooking and plumbing. Ramps and accessible toilets were provided for prisoners
with disabilities, and inmates with mental illnesses were referred to mental
hospitals, and the Mental Health Board conducted regular visits to prisons. There
was access to free medication in prisons. Breast feeding mothers could be
incarcerated with their babies until the age of two. Prisoners receive three balanced
meals a day, with a special diet given to breast-feeding mothers.
44. Non-Governmental Organizations (NGOs) are allowed to conduct prison visits,
subject to obtaining prior authorization, and further remanded prisoners are
allowed to receive food from their family members.
45. The ICRC and churches also regularly visit prison facilities.
46. The Delegation found that condoms are not provided in prisons, as this would be in
violation of the sodomy law in Botswana. Furthermore, Botswana did not have an
independent police oversight body mandated to investigate allegations of violations
committed by the police.
47. Information was provided on the training of law enforcement officers and public
security in specific matters and human rights issues are integrated, mainly with
regard to issues of domestic violence. However, they did not provide any
information on the integration of the Luanda Guidelines, the Guidelines on the
Policing of Assemblies in Africa and the Principles on the Decriminalization of Small
Crimes in these formations.
48. In addition, Botswana did not have an independent police oversight body mandated
to investigate allegations of violations by the police.
2.6 The rights of women
49. The Delegation was informed that in 2017, Botswana signed the Revised SADC
Protocol on Gender and Development, which is a sub-regional instrument that
stipulates specific goals on gender equality and calls for implementation through
10
targets and timeframes. The National Policy on Gender and Development had
already been adopted in 2015, providing a framework for including the gender
perspective in all activities of Government. The Government had also made
concerted efforts to address maternal mortality caused by bleeding and eclampsia.
50. Despite these initiatives, the Delegation was informed of the high incidence of
maternal mortality caused by unsafe abortion.
51. The Delegation also took note of the low representation of women in political
bodies, noting that out of fifty-seven (57) Members of Parliament only three (3)
female candidates were elected and two (2) nominated. Gender based violence was a
prevalent human rights violation in the country, and there was no law which
criminalized marital rape.
2.7 The rights of children
52. The Delegation was informed that the Penal Code was amended to increase the age
of sexual consent from sixteen to eighteen years old, to bring it into conformity with
the Children’s Act. The Government had instituted a multi-sectoral committee to
address child labour. As well, pregnant girls continued to receive education, and
they were not hindered from taking exams. It was however noted that there was no
mechanism, or incentive, for monitoring the number of girls who return to school
following pregnancy.
2.8 The situation of refugees
53. The Delegation was informed that there are two thousand, one hundred and thirty
(2,130) refugees residing in the Dube refugee camp, with the highest number of
refugees being from Namibia and Zimbabwe. The Government had a voluntary
repatriation program which provided assistance to refugees wishing to return to
their countries of origin.
2.9 The rights of persons with disabilities
54. The Delegation was informed that the Coordinating Office for People with
Disabilities was established in the Office of the President, and the Disability Support
Services Unit was housed in the Ministry of Tertiary Education, Research and
Technology to develop programs for students with disabilities.
55. However, it was also noted that only one person with a disability was serving as a
Member of Parliament.
2.10 The rights of indigenous populations/communities
11
56. The Government had instituted initiatives to provide services to people living in
hard to reach areas, including the Remote Area Development Program, which
benefits people living in remote areas who do not have access to basic social
amenities, notably the Basarwa community. The Delegation, however, noted the
absence of recognition of indigenous populations in the country’s laws, with
Government representatives preferring to refer to this vulnerable group as ‘remote
area dwellers.’
2.11 The right to work
57. The Delegation was informed that the Government had established a Youth
Development Fund to support members of the youth interested in starting
businesses. Yet in spite of the Government’s efforts to empower the youth through
professional and technical development programs, there was high incidence of
youth unemployment.
2.12 The right to health
58. The Delegation lauded the Government’s commitment to fund the health sector,
including through allocating approximately 15% of the annual budget to health. The
Government also provided health services free of charge. The Delegation was
however also informed that a nominal fee is charged for health services.
2.13 The right to education
59. The Government had taken a number of notable measures to ensure the right to
education in Botswana. It had instituted free education at primary and secondary
levels. It had also put in place measures to encourage access to education for girls,
and the target gender parity in basic and tertiary education had been attained. The
Government had established boarding and satellite schools to encourage access to
education for children who live in remote areas, and it had introduced incentives
targeting teachers such as the Remote Area Allowance to address the challenge of
the high turn-over of teachers posted to remote schools. Since the language of
instruction in schools was English, the use of teachers’ aides who assist with
language integration had been introduced, for students who did not speak English.
Finally, sexual and reproductive health had been integrated in the school
curriculum, and a sexual harassment policy had been introduced in all Universities,
with students able to report cases anonymously.
2.14 Extractive industries
60. The Delegation was informed that the Government had instituted a system to ensure
that the bulk of revenue from extracted resources was utilized for development
projects, and that royalties derived from extracted resources were exclusively paid
to the Government.
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3.0 RECOMMENDATIONS
61. Based on the findings of the Delegation, the Commission calls on the Government of
Botswana to adopt the following recommendations, in order to ensure the
promotion and protection of human rights.
Legislative and other measures to implement the provisions of the African Charter
62. The Commission notes with concern the low rate of ratification of regional and
international instruments and calls on the Government to expedite their ratification.
Specifically, the Commission calls on the Government to ratify the following:
i.
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Women in Africa;
ii. The Protocol to the African Charter on Human and Peoples’ Rights on the
Establishment of an African Court on Human and People’s Rights;
iii. The African Youth Charter;
iv. The African Union Convention for the Protection and Assistance of Internally
Displaced Persons on Africa;
v. The African Charter on Democracy, Elections and Governance;
vi. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Older Persons;
vii. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Persons with Disabilities in Africa;
viii. The International Covenant on Economic, Social and Cultural Rights and its
Optional Protocol;
ix. The Optional Protocol to the Convention against Torture;
x. The Second Optional Protocol to the International Covenant on Civil and
Political Rights aiming at the abolition of the death penalty;
xi. The Convention for the Protection of All Persons from Enforced Disappearance;
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families; and
The Convention on the Rights of Persons with Disabilities and its Optional
Protocol.
63. The Government should institute a moratorium on the death penalty as a
preliminary measure for initiating a national dialogue on abolition of the death
penalty.
64. The Government should enact legislation for regulating funding of political parties.
65. Additionally, it should finalize the process of turning the Ombudsman’s Office into
a hybrid institution, including functions focusing on the promotion and protection
of human rights, in compliance with the Principles relating to the Status of National
13
Institutions (the Paris Principles).
The rights of people living with HIV/AIDS
66. The Government should adopt concrete strategies to address the shortfall in funding
in order to ensure provision of adequate financial support to programs developed to
address HIV/AIDS.
67. The Government should provide free ARVs to non-citizens, in order to ensure a
holistic approach to addressing prevalence of HIV/AIDS in the country.
68. The Government should adopt urgent measures to reduce the rate of new HIV
infections among adolescents, young girls and women.
69. The Government should create a conducive environment to ensure the exercise of
the rights to health for key populations, and in particular, access to HIV testing,
treatment and care.
70. The Government should also ensure provision of adolescent friendly comprehensive
sexual and reproductive services.
71. Additionally, measures should be adopted to ensure collection of vital statistics on
the prevalence of HIV/AIDS among the indigenous populations.
Freedom of expression and access to information
72. The Commission calls on the Government to expedite the adoption of legislation on
the right of access to information.
The prohibition of torture
73. The Commission urges the Government to enact legislation which includes a specific
legal provision criminalizing torture, in addition to designating an independent
body to investigate allegations of torture.
Prisons and conditions of detention
74. The Commission calls on the Government to establish an independent police
oversight body to investigate allegations of violations committed by the police.
75. The Commission calls on the Government to organize regular training courses for
the dissemination of the instruments related to the police, including the Guidelines
on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (the
Luanda Guidelines), the Guidelines for the Policing of Assemblies by Law
Enforcement Officials in Africa and the Principles on the Decriminalization of Petty
14
Offences in Africa.
76. Additionally, the Government is urged to initiate measures envisaged to reduce the
reported overcrowding in high security prisons and to consider providing condoms
in prisons, as a means to prevent the spread of HIV/AIDS.
The rights of women
77. The Commission calls on the Government to consider decriminalizing abortion in
order to address the high incidence of maternal mortality caused by unsafe
abortions.
78. The Government is urged to institute concrete measures in order to encourage
women’s participation in politics.
79. The Commission urges the Government to enact a specific legal provision
criminalizing marital rape, in addition to taking urgent measures to address gender
based violence, including through programs to promote public awareness of the
Domestic Violence Act.
The rights of children
80. The Commission calls on the Government to establish an oversight mechanism in
order to monitor the number of girls who return to school following pregnancy.
The rights of persons with disabilities
81. The Government is encouraged to institute measures to increase the participation of
persons with disabilities in politics.
The rights of indigenous populations/communities
82. The Commission urges the Government to consider adopting a law on the legal
recognition of the rights of indigenous people.
The right to work
83. The Commission calls on the Government to intensify initiatives to address youth
unemployment.
The right to health
84. The Commission urges the Government to ensure that the health services are free, in
line with the Government’s universal healthcare program.
15
ANNEXES
Annex 1: List of people met during the Meetings
Monday 09 July 2018
i. Meeting at the Ministry of International Affairs & Cooperation
- Ms. Tapiwa Mongwa, Deputy Permanent Secretary, Ministry of International
Affairs & Cooperation
- Gao T. Tsheko, Senior Affairs Officer
- Bonieelo Shole, Foreign Affairs Officer
ii. Meeting at the Ministry of Defence, Justice and Security
- Mrs. S. Tsiane, Permanent Secretary, Ministry of Defence, Justice and Security
- B.C. Nlanda, Receiver
- D. Mogami, Deputy Secretary
- M.D. Bokole, Secretary
- M.K. Gondo, Police Advisor
- T.G. Letlhage, Director, Refugee Management & Welfare
- DCP K.S. Bogosing, Deputy Commissioner, Botswana Prison Service
- B. Makgekgenere, Deputy Permanent Secretary, Corporate Services
- Advocate K.K Mokongwa, Assistant Secretary for International & Commercial
Services
- S. Oefile, Senior Manager, Corporate Services
iii. Visit to the Infectious Disease Control Centre (IDCC)
- Doctor Tshiamo, Site Manager at the IDCC
- Sibongile K. Bagosing, Deputy Commissioner, Botswana Prison Services
- Nto Tomeletso, Divisional Commander South, Divisional Commander for South
Central Division, Botswana Prison Services
iv. Meeting at the Ministry of Finance and Economic Development
- Ms. Grace Muzila, Secretary for Development and Budget, Ministry of Finance and
Economic Development
- O.H. Masimega, Deputy Secretary, Budget Administration
- B.G. Mphetlhe, Deputy Secretary, Development Programmes
- B. Peter, Director, Budget Analysis & Debt Management
- S.M. Kerapetse, Director, Budget Administration (Recurrent)
- I.K. Oarabile, Director, Public Finance Management & Control
- S. Mokgatle, Chief Economist
- M. Gunda-Pule, Chief Finance Officer
Tuesday 10 July 2018
v. Meeting at the Ministry of Basic Education
16
- Dr. C. Monkge, Permanent Secretary, Ministry of Basic Education
- S. Coles, Deputy Permanent Secretary
- L.L. Mokhupuki, Principal Education Officer
- J. Gaongalelue, Principle Education Officer
- M. Keabone, S. Coordinator
- O.P Bayi, In-Service Officer
- Tumelo Selolwane, Foreign Affairs Officer
- Neo Habangana, Acting Director, DSSS
vi. Meeting at the Ministry of Youth Employment, Sports & Culture
- Kago Ramokate, Permanent Secretary, Ministry of Youth Employment, Sports &
Culture
- Mr. Gare, Policy Specialist – Youth,
- Mr. Ramoroka, Deputy Permanent Secretary
Wednesday 11 July 2018
vii. Meeting at the Ministry of Tertiary Education, Research, Science & Technology
- Tebugo Bagopi, DPS – CS
- David O. Mkwe Leetwero, Director
- Hlanganiso Kay, Coordinator
- Stella Tawana, Director, Health Services
- Busa Lebotse, Safety Health Environment Coordinator
viii. Meeting with Representatives from the Parliamentary Health and HIV/AIDS
Committee
- G.S. Mangole, Member of Parliament, Mochudi West, Chairperson of the Health &
HIV Committee
- Hon. Mohammed I. Khan, Member of Parliament Molepolole North
- Hon. Setlhomo Lelatisitswe, Member of Parliament, Boteti East
- Hon. Edwin J. Batshu, Member of Parliament, Nkange
- Hon. Buti H. Billy, Member of Parliament, Francistown East
- Hon. Christian De Graaff, Member of Parliament, Ghanzi South
- Hon. Prince M. Maele, Member of Parliament, Lerala-Maunatlala
ix. Meeting with the UN Agencies based in Botswana
- Ouneetse Makhumalo, Coordination Specialist, UN Resident Coordination Office
- Joella Marron, Human Rights Specialist, UNDP
- Kagiso Pelopedi, National Project Officer, IOM
- Kefilwe Ksogotisitse, Programme Specialist, UNFPA
- Tebogo Madidimalo, National Professional Officer
- Jyothi Raja Nilambur Kovilakam, UNAIDS Country Director
- Kealeboga Kelly Dambuza, National Program Officer, UNESCO
17
x. Meeting with the Non-Governmental Organization Council
- Ms. Bookie Kethusegile, NGO-C Chairperson
- Mr. Jacob Momene, DPS, Finance, Council member
- Dr. T.K.R. Mmusi, DPS, Council member
- Mr. K. Moloko. BOCONGO, Council member
- Ms. C. Motshwedi, NGO-C Secretariat
Thursday 12 July 2018
xi. Meeting at the Ministry of Nationality, Immigration & Gender Affairs
- Ms. Kebonye K. Maoepena, Permanent Secretary
- Dr. Temba Mmusi, Deputy Permanent Secretary
- Ms. Caroline Okello-Wegi, Director – Department of Civil and National
Registration
- Ms. Thapelo Phuthego, Director – Gender Affairs Department
- Ms. Florah M. Lekolo, Acting Director – Department of Immigration & Citizenship
- Mr. Mookamedi Morwaagole, Chief of State Counsel
- Ms. Phemelo Maiketso, Deputy Director – Gender Affairs Department
xii. Meeting at the Office of the Ombudsman
- Augustine Makgonatsotlhe, Ombudsman
- William S. Moncho, Deputy Ombudsman
- Oscar Gaselabone, Principal Legal Investigator
- Greg Kelebonye, Customer Care Manager
- Phatodi Nacane, Principal PR Officer
xiii. Meeting with the Ministry of Health & Wellness and the National AIDS
Coordinating Agency (NACA)
- Ms. Ruth Maphorisa, Permanent Secretary Ministry of Health & Wellness
- Dr. K. Seipone, Director, Health Services
- Moses K. Keetile, DPS – Health Policy Research Department
- R.K. Matlhare, National Coordinator, NACA
- Joseph Kefas, Manager – HIV Prevention, NACA
- Chipo Petlo, Chief Health Officer, Ministry of Health & Wellness
- Elizabeth Koko, Acting Director, Ministry of Health & Wellness, HIV/AIDS
Department
- Lillian S. Moremi, Chief Health Officer, NACA
- Baile Moagi, DPS – Health Services Monitoring and Evaluation, Quality Assurance
xiv. Meeting at the Ministry of Employment, Labour Productivity and Skills
Development
- Veronica M. Moloko, Deputy Manager – Administration
- Olebile Kaosiemeng, Safety Health and Environment Coordinator
- Tshenolo Rashosa, Principal Industrial Relations Officer – Labour
18
- Sylvester Komoki, Principal Industrial Relations Officer
Friday 13 July 2018
xv. Visit to the Bontleng Clinic
- Rosinah Osupile, Matron
xvi. Visit to the offices of the Botswana Family Welfare Association (BOFWA)
- Una Ngwenya, Programs Manager
- Layani Malemane, ARV Coordinator
xvii. Meeting with Non-Governmental Organizations based in Botswana
- Goraka Motlhbane, Programs Officer, Centre for Youth of Hope (CEYOHO)
- Rodgers Bande, Coordinator, BONELA
- Allan Tshekedi, NSGM
- Botho Seboko Executive Director, BOCONGO
- Gabriel Tsuaneng, Chairman, BOCONGO
- Robert Letsatsi, Executive Director, Botswana Watch
- Gift M. Nare, Finance and Admin, Cynthia’s Child Care
- Mercy Leshomo, Coordinator, Cynthia’s Child Care
- Kesepo Basha-Mupeli, Director, Centre for Youth of Hope (CEYOHO)
- Isaak Basutli, Grant Administrator, Humana People to People Botswana
- Yvonne Kgwarae, Advocacy and Policy Program Officer, Botswana Family
Welfare Association (BOFWA)
19
Annex 2: The Agenda of the Mission
PROGRAMME FOR APPOINTMENTS FOR THE AFRICAN COMMISSION ON HUMAN
AND PEOPLES’ RIGHTS: 09-13 JULY 2018
No.
DATE
STAKEHOLDER
1. Monday 09 July
0800hrs
Courtesy call with the Permanent Secretary, Ministry of
International Affairs & Cooperation
0830hrs
Ministry of Defence, Justice and Security
1030hrs
Visit to the Infectious Disease Control Centre (IDCC)
1430hrs
Ministry of Finance and Economic Development
2. Tuesday 10 July
0830hrs
Ministry of Basic Education
1400hrs
Ministry of Youth Employment, Sport & Culture
3. Wednesday 11 July
0830hrs
Ministry of Tertiary Education, Research, Science &Technology
1030hrs
Meeting at the National Assembly
1130hrs
(UN Agencies) UNAIDS, UNFPA, Human Rights Specialist UNDP
1400hrs
Non-Governmental Organisation Council
4. Thursday 12 July
0830hrs
Ministry of Nationality, Immigration & Gender Affairs
1130hrs
Ministry of Health & Wellness &National Aids Coordinating
Agency
1430hrs
Ministry of Employment, Labour Productivity and Skills
Development
20
5. Friday 13 July
0830hrs
Tour of HIV facilities
1030hrs
Botswana Council of Non-Governmental Organizations
(BOCONGO)
1400hrs
Debriefing meeting at the Ministry of International Affairs &
Cooperation
Press Conference
1430hrs
21