BOTSWANA: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

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National Report
Compilation of UN information
Summary of stakeholders' information
Final Report
Accepted and rejected recommendations
 

 National Report

23b. Botswana is party to the following main human rights instruments concerning children:
• Convention on the Rights of the Child, accession 14 March 1995;
• African Charter on the Rights and Welfare of the Child, ratification 10 July 2001;
• Amendment to the Convention on the Rights of the Child (Article 43, paragraph 2), acceptance 6 March 2002;
• Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, accession 24 September 2003;
• Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, ratification 4 October 2004;

23f. Botswana is also party to the:
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention against Transnational Organised Crime, ratification 29 August 2002.

32. Botswana has made major progress towards achieving universal access to Primary education, which provides a strong base for achieving access to basic education. This is evident in the Net Enrolment Rates (NER) for children aged 7-13 and 6-12 which has consistently been above 85 per cent between 1994 and 2005. Over the same period, the Gross Enrolment Rates has always been above 100 per cent.

33. Deliberate efforts have been made to encourage girls into the fields of science, technology and vocational education and training through career fair and career guidance videos where female role models are used as resource persons. The Education Regulations were reviewed with the result that a policy was developed that facilitates the retention rate of girls, by allowing the return of the girl child to school after pregnancy thus addressing the issue of girls being kept out of school due to pregnancy.

34. Botswana provides inclusive education to all children of school going age regardless of the differences, in line with the Salamanca Statement and Framework for Action of 1994.Such inclusive education responds to the diverse needs of the learners, especially those with disabilities. The posts of “Senior Teachers Advisors - Learning Difficulties” has been created at both primary and secondary schools with the aim of assisting teachers to address the diverse needs of learners including those with various forms of disabilities.

35. Guidance and counselling is part of the curriculum from primary education to secondary education level. The programme aims to break stereotypes prevalent in career decision making for boys and girls.

37. At the last national census held in 2001, 44 per cent of the population was under the age of 18 years.

38. The largest portion of the Government of Botswana’s operation expenditures are incurred by the Ministry of Local Government, which houses the Department of Social Services, which is responsible for dealing with the rights and welfare of children and the Ministry of Education. There is no specific institution tasked with overall responsibility for coordinating policies for children and ensuring their execution, as such it is difficult to obtain a reliable figure on funding for children’s rights.

39. The National Plan of Action (NPA) for Children 2006-2016 has been adopted and seeks to promote Human Rights via the promotion of several key areas (education and training; health and nutrition; children and HIV/AIDS; sport and recreation; child protection; environment and safety; and policy and legislation). The NPA provides various mechanisms and structures for its coordination and monitoring to actualize it. The Plan aims to correct the short-comings of the previous National Plan of Action. Notwithstanding its adoption, the Government of Botswana has experienced challenges in its implementation.

40. Government is also in the process of domesticating the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child and a draft Bill has been circulated, it is expected to be tabled before Parliament in November. The expectation is that the resulting law will be human rights based, catalysing the maximum realisation of child rights, performance of correlative duties, and compliance with human rights for the dignified living of every child.

41d. The Short Term Plan of Action for Orphans caters for children under the age of 18 years who are orphaned. They are also provided with a nutritionally balanced food basket as well as school requirements. These children are exempted from any fees required under the cost sharing exercise and any other publicly provided service.

46. Capital punishment may not be imposed on any person under the age of 18 years or expectant woman.

72b. A good child welfare program is in place: implementation of an Expanded Program on immunization against preventable childhood disease has resulted in immunization coverage of over 90 per cent. The growth monitoring and infant feeding program of children under 5 years has resulted in a decline of malnutrition to 5 per cent while the prevalence of severe malnutrition has decreased to 1 per cent. As a result of these initiatives, infant mortality has decreased from 56/1 000 live births to 48/1 000 live births due to wide availability of the Prevention of Mother to Child Transmission (PMTCT) program;

72c. Maternal and Child Health Care including Family Planning: Through the safe motherhood initiative, maternal mortality rate at health facility has decreased from 175/100 000 in 2004 to 167/100 000 in 2006. A good family planning program has resulted in a decline in teenage pregnancies.

72e. Other programmes that were introduced as a result of the HIV/AIDS epidemic are the Infant Feeding Programme.

77. There has also been a reform to improve the position of children notably, the draft Children’s Bill of 2008.The Ministry of Local Government has been conducting consultations on the draft Children's Bill of 2008.

78. The Government response to the HIV and AIDS pandemic has been realised as evidenced by the declining HIV prevalence trends among the younger age group of pregnant women aged 15-19, where the prevalence rate has declined from 28.6 per cent in 1998 to 17.2 per cent in 2007. Reduction in new infections is also supported by the preliminary incidence studies from 2005-2007.

79. The PMTCT program increased in coverage whereby in 2007, 89 per cent of HIV positive pregnant women took prophylaxis to reduce transmission to the unborn child, compared to 37 per cent in 2003, resulting in an estimated reduction in mother to child transmission rate down to 4 per cent. Routine HIV testing (RHT) was introduced in 2004 to increase access to HIV testing. Comparatively the number of people tested through Voluntary Counselling and Testing (VCT) rose from 73 551 in 2004, to 109 403 in 2004, while those who tested though RHT rose from 60846 in 2004 to 178 176 in 2006.

82. Routine HIV testing has been available in all public health facilities since 2004. There is also a national programme which aims at preventing Mother-to-Child Transmission of HIV (PMTCT) as well as a national antiretroviral treatment (ARV) programme. The PMTCT programme is operating nation-wide and is available as part of routine antenatal services at all public health facilities. While the National Anti Retroviral (ARV) programme has been expanded to cater for the public health needs of the society at large. Patients receive free ARV treatment from the public sector but treatment is also available privately. In addition, paediatric antiretroviral treatment is available.

83. Infants are tested at the Botswana- Harvard Partnership laboratory. Those found to be HIV positive may access paediatric drugs at any of the ARV sites country-wide. The Botswana-Baylor Children’s Clinical Centre of Excellence (BBCCCOE) also provides specialized treatment for HIV positive children under the age of twelve.

84. There has been an increase in the number of people taking advantage of PMTCT and ARV programs which indicates that the country has adopted an effective strategy for dealing with the problem.

94. Although the Government has made significant strides in its endeavour to provide access to education it still faces several challenges:
(a) There is no legislation that makes primary or basic education compulsory;
(b) Drop outs in the early years continue to add to the already existing problem of illiteracy;
(c) Preschool education is only provided by private individuals and nongovernmental organisations and as a result there is low access to preschool education;
(d) There are cultural and language barriers which hamper the admission, progression and completion of primary schooling by children in remote areas.

111. In order to address the International Labour Organisation (ILO) goal of eliminating child labour by 2015, Botswana has formulated an Action Programme on The Elimination of Child Labour (APEC) .The APEC was finalised in May 2008.

113. In order to address some of the challenges described above, Government has put in place the following initiatives :
(a) The establishment of multi grade school to increase access to education by children in remote areas;
(b) Government is considering a legislation to make basic education compulsory;
(c) Introduction of pre-primary education as an integral part of the formal education system;
(d) Mainstreaming gender in educational policies, programmes and projects;
(e) Establishment of centres for children with multiple disabilities;
(f) Implementation of Adult Basic Education Programme (ABEP);
(g) Implementation of the out of school children education programme; and
(h) Introduction of the integrated early childhood education programme.

Compilation of UN Information

1.The Committee on the Elimination of Racial Discrimination (CERD) recommended that Botswana consider the possibility of making the declaration, for the acceptance of complaints, provided for in art. 14 of ICERD.7 The Special Rapporteur on the right to education recommended that Botswana ratify ICESCR.8 The HR Committee noted with concern the vague and extremely wide reservations which Botswana entered in relation to arts. 7 and 12 of ICCPR. Concerning article 7, it was recalled that reservations offending peremptory norms of international law including the prohibition of torture are incompatible with the object and purposes of the Covenant. The Committee recommended that Botswana should immediately withdraw its reservation to art. 7 and withdraw its reservation to art. 12 of the ICCPR. 9 The Committee on the Rights of the Child (CRC) also recommended that Botswana withdraw its reservation to art. 1 of the Convention at the earliest time possible by expediting the law review process.10

5.CRC noted with appreciation the establishment of the National AIDS Council, the National Policy on HIV/AIDS,21 the National AIDS Coordinating Council, the Prevention of Mother to Child Transmission Programme and the programme for AIDS orphans.22
13. In 2004, the CRC was concerned that, as noted by the State party, the Constitution is inconsistent with the non-discrimination principle of the Convention. CRC was also concerned that societal discrimination persists against vulnerable groups of children, including children with disabilities, children working or living on the street, rural children, children born out of wedlock, orphans and fostered children and children affected or infected by HIV/AIDS. It was also deeply concerned at the situation of girls, in particular adolescent girls who, as acknowledged by the State party, suffer marginalization and gender stereotyping, compromising their educational opportunities and are more vulnerable to sexual violence, abuse and HIV/AIDS.42

17. The HR Committee was concerned about the existence in law and in practice of penal corporal punishment by the State, in violation of art. 7 of the ICCPR. The State should abolish all forms of penal corporal punishment. 46 Additionally, CRC noted with deep concern that corporal punishment was permissible and was used as a way of disciplining children at home, in schools as stipulated in the Education Act and as a sanction in the juvenile justice system.47 CRC strongly recommended that the State, inter alia, take legislative measures to expressly prohibit corporal punishment in the family, schools and other institutions.48

18. CRC remained concerned at the increasing level of domestic violence, at both physical and sexual abuse of children and at the lack of a comprehensive legal and policy framework.49 CRC recommended that the State: Adopt legal measures and comprehensive and responsive policies which will help to change attitudes and improve the prevention and treatment of cases of violence against children; Introduce an effective system for reporting cases of abuse, including sexual abuse, of children; Properly investigate cases of violence against children and impose sanctions on perpetrators; Take measures to ensure the care and rehabilitation of victims as well as perpetrators; Take measures to prevent the criminalization and stigmatization of child victims of abuse.50

19. In 2004, CRC was concerned at the increasing incidence of sexual exploitation and abuse of children.51 In 2008, an ILO Committee of Experts noted that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee requested the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.52 In 2008, the HR Committee recommended that the State redouble its efforts to combat human trafficking and should ensure that no State actors are involved.53

20. CRC in 2004 noted with concern the information in the State’s report that child labour was a serious problem. 54 In 2008, an ILO Committee of Experts further noted the Government’s statement, that no programmes of action to eliminate the worst forms of child labour have been designed as yet and requested the Government, inter alia, to urgently design and adopt the necessary programmes of action.55

24. CRC remained concerned that the juvenile system was not compatible with the provisions and principles of the Convention and was especially concerned at the fact that the age of criminal responsibility, fixed at 8 years, was too low.60 CRC recommended the age of criminal responsibility be raised to an internationally acceptable standard. 61
28. The 2003-2007 UNDAF noted that despite a sparse population distribution, Botswana has managed to put a health facility within a 15km radius for 85 per cent of the rural population. An estimated 97 per cent of the population has access to safe drinking water within 2.5 kilometers from their homes.66 CRC noted with appreciation the developments in the primary health care strategy, but it remained concerned at the regional disparities in the health service provisions as well as the still high maternal mortality rates.67 CRC was also concerned at the high incidence of teenage pregnancies, the inadequate reproductive health services and at the lack of mental health services for adolescents.68 CRC recommended that the State reduce regional disparities and lower maternal mortality rates by improving prenatal care services and providing training of birth attendants in healthy midwifery practices 69 and that it establish adequate health care services for adolescents.70 In 2004, CRC shared the State’s serious concern at the still exceedingly high prevalence rate of HIV/AIDS, especially among women in their child-bearing years.71 A 2004 WHO report noted that life expectancy decreased from nearly 65 years in 1985-1990 to 40 years in 2000-2005.72 While, a 2007 UNAIDS report noted that declines in HIV prevalence among young people were reported73, a 2007 UNICEF report noted that one third of pregnant women aged 15–24 in Botswana are HIV–positive.74

30. During his visit in 2005, the Special Rapporteur on the right to education76 noted that Botswana faces challenges in addressing the multilingual and intercultural nature of its society; the fact that many parts of the country were without school facilities; and that continuing traditional discrimination relatively increased girls’ dropout rate at the secondary level, especially due to early pregnancies. The Special Rapporteur regretted the lack of a rights-based approach to education, which leads to uneven education indicators within the country. The absence of a rights-based approach to education resulted in education being considered a service granted by the Government and not a human right. This had contributed to the decision of the Government to reintroduce school fees at junior secondary level, where enrolment rates decrease and increased dropouts are registered. The Special Rapporteur called on the authorities to withdraw the measure as it represents a serious step backwards and would undermine the progress achieved in the field of education. Similar concerns were raised by the CRC77.

37. CERD expressed concern about alleged growing hostility against undocumented immigrants and that some undocumented immigrants had been ill-treated by police officers. CERD recommended, inter alia, that the State ensure that its competent authorities proceed to a prompt and impartial investigation into complaints of ill-treatment increase its efforts to provide adequate training in the field of human rights, including on the prohibition of racial discrimination, to its law enforcement personnel.88 CERD was concerned that in practice, asylum seekers were automatically detained in prison-like conditions up to three to four years. CERD also recommended that the State recognize the right of asylum-seekers to appeal the decision denying them refugee status before a judicial body.89 CERD also recommended to the State that it respect the right of refugees to an adequate standard of health by, inter alia, refraining from denying or limiting their access to preventive, curative and palliative health services, and that it grant access of refugees to the Anti Retroviral (ARV) Therapy Programme and the Prevention of Mother-to-Child Transmission of HIV programme.

38. The HR Committee in 2008 noted with satisfaction the strong democratic culture of the State, as well as the establishing of universal basic education, and its considerable achievements in addressing the challenges posed by the HIV/AIDS pandemic.91

39. In 2006, CERD requested the State to provide, within one year, relevant information on measures taken in response to the Committee’s recommendations related to: the discriminatory character of the Chieftainship Act and other laws; allegations that the residents of the Central Kalahari Game Reserve had been forcibly removed outside the Reserve; difficulties of children belonging to non-Tswana tribes to benefit from the educational curricula on account of linguistic barriers; and refugees without access to the ARV Therapy Programme and the Prevention of Mother-to-Child Transmission of HIV Programme including preventive, curative and palliative health services.92 The follow-up response has been overdue since March 2007.

41. Following his official country visit in 2005, the Special Rapporteur on the right to education recommended94 to Botswana to adopt a rights-based approach to education by providing a constitutional guarantee to education; to withdraw the measure aiming at reintroducing school fees at junior secondary level; to analyze the factors that cause delays in the distribution of books and adopt measures to guarantee timely delivery to all schools in the country; to establish and implement rationalized policies for the recruitment and training of teachers; to engage, as a matter of priority, in the training of teachers coming from the most remote areas; to provide the same facilities for all teachers wherever they are affected; to ensure that foreign and refugee children have the same access to education as nationals; to develop special projects and programmes for orphaned adolescents who are forced into work to support their families, ensuring their integration into school and the provision of support to their families; to elaborate and disseminate accessible versions of the chapter of the Education Act dealing with the rights of adolescents who are pregnant or raising children, as well as evaluate programmes of sex education and explore new approaches empowering adolescents to exercise responsibly their sexual and reproductive rights.

Summary of Stakeholders’ information

2. Botswana does not have a national human rights commission or a comprehensive constitutional framework to promote and protect human rights, particularly for women and children, as also indicated by the CHR. 4

3. As also noted by the CHR, Botswana has not submitted any report to the African Commission on Human and People’s Rights, the Committee Against Torture (CAT) nor has it incorporated the Convention on the Rights of Child which it ratified in 1995 into its domestic law. 5

7. In the penal system, corporal punishment is lawful as a sentence for crime under the Penal Code, the Criminal Procedure and Evidence Act (article 305), the Customary Courts Act, and the Customary Courts Amendment Act, as also indicated by the Global Initiative to End All Corporal Punishment of Children (GIEACPC). The Children’s Act (article 20) and the Prisons Act (sections 108 and 109) allow for corporal punishment as a disciplinary measure in penal and other institutions accommodating children in conflict with the law. As of May 2008, a proposed amendment to the Children’s Act would prohibit corporal punishment as a sentence of a children’s court, but this would not apply to customary courts. 10

8. Corporal punishment is lawful in the home and at school while children have limited protection from violence under the Children’s Act (1981) and the Penal Code (1986, amended 2004), as reported by the CHR 11and GIEACPC. 12 There is no defence of “reasonable chastisement” or similar enshrined in existing legislation but draft amendments to the Children Act, presented to Parliament in June 2008, recognise “reasonable” correction of a child by prohibiting only “correction which is unreasonable in kind or in degree” (section 84). 13 GIEACPC indicated that corporal punishment is lawful in schools under the Education Act (Corporal Punishment) Regulations. The head teacher is authorised to inflict up to five strokes of the cane on a child, but this authority can be delegated to a teacher. Draft amendments to the Children Act confirm the right of teachers to administer “reasonable” correction. According to GIEACPC, in June 2007, the Education Secretary for Ngami region reported a Baseline Study which found that 92 per cent of students had been beaten at school, and this was supported by 67 per cent of parents. In a survey by Ditshwanelo (The Botswana Centre for Human Rights) on corporal punishment in schools, cited by GIEACPC, 90 per cent of respondents said they used corporal punishment on children. 14 The Children’s Act (article 20) allows for corporal punishment in children’s homes and industrial schools, and draft amendments to the Act confirm the right to administer “reasonable” correction in all alternative care settings. 15

9. Sexual abuse of the girl child by stepfathers and community members is common in Botswana, as noted by the CHR. The causes have been associated with pornography, drug abuse, poor parenting and child neglect. 16 Although Botswana acceded to the Convention on the Rights of the Child on 14 March 1995, this is yet to translate into tangible benefits to children as the treaty has not been incorporated into Botswana law. The CHR noted that it is therefore not surprising that cases of girl child abuse rarely get to the courts. 17

17. Although child labour is prohibited and addressed in the Children's Act, child labour is still prevalent in Botswana, as indicated by the CHR. 34 As further pointed out by the CHR, the ILO estimated that 13.5 percent of children ages 10 to 14 years in Botswana were working in 2002. The CHR also noted that in a more recent National Labour survey conducted in Botswana in 2005/2006, it was established that 9 per cent of all children between the ages of 7 and 17 were employed. Child labour as practiced in Botswana has been found to include commercial sexual exploitation, using children as instruments in the commitment of crimes and exposure to hazardous works

19. As indicated by the Multicultural Coalition of Botswana (RETENG), Botswana laws permit discrimination on the basis of ethnicity, language and culture. 37 There are 45 tribes in Botswana who speak 27 languages (including 8 Tswana tribes). 38 The Tswana make 18 per cent of the population, while the non-Tswana make 60 per cent.39 According to RETENG, the laws continue to deny the non-Tswana ethnic groups the following rights: a) the right to recognition as a tribe with a distinct language and culture; b) group rights to land; c) representation in the House of Chiefs (Ntlo ya Dikgosi); d) the right to educate their children in their languages; e) the right to educate their children about their histories, customs, values and culture; f) the right to access information and enjoy their languages and cultures on national radio and television and g) access to certain jobs, especially those related to management of land such as Land Board Secretaries. 40

Final Report

12. Concerning measures taken to implement the rights of the child and to prevent violence and sexual exploitation of children, Botswana has developed draft legislation incorporating provisions of the Convention on the Rights of the Child, to be presented to Parliament in February 2009. Subsequent to the enactment of the revised Act, Botswana intends to withdraw its reservation to article 1 of the Convention.

13. Botswana stated, inter alia, that the Education Act provides a strict framework within which corporal punishment is administered.

30. Morocco requested further information on the participation of women in public life and the nature of the difficulties faced in the implementation of the national policy on women. Morocco also asked what specialized United Nations agencies could do to assist the Government to protect children.

31. Cuba recommended continuing to incorporate the provisions in the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child into national legislation. It commended the 2003 national poverty reduction strategy, and encouraged the Government to continue the efforts made to achieve the goal of Vision 2016. It recommended that the implementation of the National Action Plan for Children 2006-2016, to overcome the difficulties identified by the Government in its national report, be continued.

32. Spain requested information on the draft legislation for the protection of children and on recent measures taken to deal with the increasing number of HIV/AIDS orphans. It also asked about the policy regarding illegal immigrants, particularly from Zimbabwe. Spain asked for information on recent measures to promote gender equality. It recommended that Botswana explore the possibility of a moratorium on the death penalty or its definitive abolition. It said it looked forward to a resolution of the dispute between the San of the Central Kalahari Game Reserve with the Government. It recommended the decriminalization of homosexual relationships and practices.

33. Belgium noted that HIV/AIDS prevalence is still high and asked what approaches Botswana would take to prevent the transmission of the HIV from mother to child and to tackle related challenges. Belgium recommended a medical follow-up for HIV-positive mothers and children who have received the virus from the mother. It noted the high HIV/AIDS prevalence 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.

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.

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.

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.

46. Regarding corporal punishment, Botswana reaffirmed that the practice is part of their culture and that parents believe that it is important as a form of correction.

50. The Czech Republic recommended the continuation of efforts to establish a comprehensive institutional framework for the promotion and protection of human rights, including by providing it with necessary funding and personnel, and that its efforts to ensure non-discrimination of all ethnic minorities also be continued. It welcomed the decision to adopt national legislation ensuring implementation of its obligations under the Convention on the Rights of the Child and recommended the adoption of further practical measures in this regard, in particular in the area of the prevention of violence and sexual exploitation of children. It also recommended that Botswana accede to the Option Protocol to the Convention against Torture and establish its national preventive mechanism accordingly. It recommended that consensual same-sex activity between adults be decriminalized and that measures to promote tolerance in this regard, which would also allow more effective educational programmes for prevention of HIV/AIDS, be taken. It recommended that a standing invitation be issued to representatives of the special procedures and implemented.

52. Turkey commended the establishment of the Directorate of Corruption and Economic Crime, and appreciated the Government’s economic policies, encouraging the activities of the authorities in combating unemployment. It welcomed the adoption of the National Action Plan for Children 2006-2016 and the finalization of an action programme for the elimination of child labour, requesting information on the challenges met in their implementation, and recommending that the Government fully adhere to them with a view to reach international standards on the prevention of child labour. It recommended that a timeline for the ratification of the International Covenant on Economic, Social and Cultural Rights be defined.

54. Slovenia recalled general comment No.8 of the Committee on the Rights of the Child on the prohibition of corporal punishment of children and the study of the Secretary-General on violence against children, in which the universal prohibition of corporal punishment for children by 2009 was recommended. Slovenia recommended that consideration be given to changing legislation to expressly prohibit all forms of corporal punishment in all settings: at home, in schools and in other institutions. Slovenia also recommended that efforts be made to raise the awareness of the public and change their attitude to corporal punishment. Slovenia noted the concern of the Human Rights Committee about prison overcrowding, the large number of people held on remand and the limited access of families to people held in custody. Slovenia enquired about how the best interests of the child are considered when a parent is arrested and sentenced. Slovenia recommended that Botswana develop non-custodial alternatives such as community service orders and bail arrangements, and particularly recommended implementation of those in relation to the sole or primary carers of children. Slovenia further recommended that Botswana take measures to protect the best interests of babies and children affected by parental detention or imprisonment. It asked how gender perspectives are included in preparation for the universal periodic review and recommended that a gender perspective be included in the review follow-up process in a systematic and continuous manner.

55. Sweden recommended that the Government pursue efforts to ensure the full implementation of the Convention on the Rights of the Child, and specifically to continue efforts to eliminate corporal punishment, especially in schools. It recommended that the Government continue efforts to promote gender equality and pursue work on the new legislation on marital rape, and bring forward new legislation as a matter of priority. Concerning the application of the new norms, it recommended that the Government consider additional measures, such as public awareness-raising initiatives or campaigns in order to promote the implementation of the rights in the legislation in question.

61. Botswana referred to its programme for orphans, which includes the provision of free health care, education, counselling, and other social services.

62. Zambia encouraged Botswana to continue to address the disparities and extent of the application of the Marital Act to customary and religious marriages. It called upon the Government to continue its good work in the area of HIV/AIDS and to address the issues raised by treaty bodies in the report prepared by OHCHR. Zambia enquired about challenges in the implementation of the National Plan of Action for Children and if the draft bill on the domestication of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child were tabled before parliament in November 2008.

62. Zambia encouraged Botswana to continue to address the disparities and extent of the application of the Marital Act to customary and religious marriages. It called upon the Government to continue its good work in the area of HIV/AIDS and to address the issues raised by treaty bodies in the report prepared by OHCHR. Zambia enquired about challenges in the implementation of the National Plan of Action for Children and if the draft bill on the domestication of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child were tabled before parliament in November 2008.

Italy noted that the worst forms of child labour are still practiced in Botswana and that, according to the ILO Committee of Experts, no programme of action to eliminate them has been designed by the Government. Italy also noted child labour has been linked to cases of commercial sexual exploitation. It recommended that the Government of Botswana urgently design and adopt the necessary programmes of action to address the problem of child labour, as requested by the Committee on the Rights of the Child and ILO. Italy noted the importance of human rights education in school systems at all levels. In this connection, Italy recommended that Botswana develop a national strategy for human rights education in the school system at all levels in accordance with the Plan of Action 2005-2009 of the World Programme for Human Rights Education, including the review and revision of curricula and textbooks, the training of teachers and the practice of human rights in the school community.

64. South Africa requested additional information on the lessons learned after the conclusion of its National Plan of Action for Children. South Africa recommended Botswana consider providing sufficient resources to the Office of the Ombudsman for its effective functioning, and recommended that the Council make available the requisite support in the areas highlighted under section VI on expectations in terms of technical assistance in the national report of Botswana.

7. Maldives noted that Botswana faced complex challenges relating to the rights of indigenous peoples, especially the Basarwa, child protection, domestic violence, the administration of justice, legal aid and prison conditions, adding that it was vital for the international community, led by the Council and OHCHR, to assist in addressing these issues.

69. Australia, noting the concern of the Committee on the Rights of the Child at the levels of physical and sexual abuse of children, enquired whether the national plan of action specifically tackles the issue of abuse and, if not, what other actions were taken to combat it. It noted that Botswana could play a leading role in the area of the death penalty and the decriminalization of homosexuality. Australia recommended that Botswana ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights to abolish the death penalty. It asked when Botswana intended to sign the Convention on the Rights of Persons with Disabilities.

71. Argentina emphasized the ratification of the Convention of the Rights of the Child. It suggested that Botswana adapt its domestic legislation to prevent the physical abuse of minors and to ensure girl children are protected from sexual abuse, as traditions and customs do not take into account the Convention. Argentina also noted the progress made in empowering women and promoting gender issues in its national policy, suggesting concrete measures be taken to eliminate the persistence of customs harmful to the rights of women, such as early contract marriages and polygamy. Argentina congratulated Botswana on its policies to prevent and control HIV/AIDS, but noted with concern the large number of people suffering from this disease.

73. Japan noted that the Special Rapporteur on the right to education, the Committee on the Rights of the Child and the Committee on the Elimination of Racial Discrimination expressed concern over the lack of legislation ensuring education for all children and over cultural and linguistic barriers to educational access. Japan said it hoped Botswana is taking steps to reach its target for universal and free education up to secondary level by 2016, and asked about concrete measures. On the elimination of gender discrimination and efforts to empower women, Japan appreciated the accomplishments, but said the Human Rights Committee had found discriminatory practices in women’s roles in marriage and in the home remained and asked for more information on efforts to resolve this. On the displacement of the Basarwa tribe raised by the Committee on the Elimination of Racial Discrimination, it asked about the Government’s outlook on the situation and how it intends to move forward.

74. Ghana noted that the authorities are facing prison congestion and that new facilities are being constructed. It asked about measures taken to ease congestion pending construction. Ghana requested information on the judicial case management system, which would achieve more expeditious dispensation of justice. It encouraged Botswana to increase efforts to improve access to education by children in remote areas, especially girls and minorities, and urged the international community to continue contributing to the Government’s efforts to promote and respect the rights of its people.

75. The United Republic of Tanzania recommended that concrete actions be taken to reverse the trend of secondary school drop outs that may be as a result of the introduction of cost- sharing. It said it was pleased with the progress made regarding the rights of minority groups. It recommended that more action be taken to consolidate these endeavours. Noting the wide provision of anti-retroviral treatment, it recommended that the Government take action to address non-coverage of treatment among the refugee populations as indicated in the report. It recommended that Botswana make a definite pronouncement of accession to the International Covenant on Economic, Social and Cultural Rights. The United Republic of Tanzania recommended that Botswana take action to establish an independent national human rights institution in accordance with the Paris Principles.

Denmark recommended that the Government of Botswana pursue a policy of mother-tongue language education in conjunction with national languages of Setswana and English.

88. The delegation indicated that the implementation of the national plan of action for children was on course and social and economic programmes have been implemented, including on addressing the issue of child labour.

Accepted and Rejected Recommendations

The following recommendations were accepted:

92. 8 Mainstreaming human rights in the education system (Egypt) and the development of a national strategy for human rights education in the school system at all levels, in accordance with the Plan of Action 2005-2009 of the World Programme for Human Rights Education, including the review and revision of curricula and textbooks, the training of teachers and the practice of human rights in the school community (Italy);

13. Continue to incorporate the provisions of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child into national legislation (Cuba); take further measures to adopt legislation ensuring the implementation of the Convention, in particular in the area violence prevention and sexual exploitation of children (Czech Republic, Argentina) and ensure girls are protected from sexual abuse (Argentina);

14. Continue the implementation of the National Action Plan for Children 2006-2016 (Cuba); adhere to the National Action Plan for Children and programme for the elimination of child labour (Turkey); implement the programme for AIDS orphans (Finland); design and adopt programmes of action on child labour, as requested by the Committee on the Rights of the Child and ILO (Italy); consider designating an institution for coordination and implementation of policy on children (Chile);

15. Develop non-custodial alternatives in relation to the sole or primary carers of children (Slovenia); take measures to protect the best interests of babies and children affected by parental detention or imprisonment (Slovenia);

16. Continue efforts to achieve universal basic education and reduce primary school drop-out rates, with the support of the international community (Bangladesh); take measures to reverse secondary school drop-out rates resulting from the introduction of cost-sharing (United Republic of Tanzania);

24. Provide medical follow-up for HIV-positive mothers and respective infected children (Belgium); educate prison populations on the HIV/AIDS virus and respect sanitary conditions of prisons (Belgium); with regard to consensual same- sex activity between adults, take measures to promote tolerance and allow effective educational programmes on HIV/AIDS prevention (Czech Republic); with the support of the international community, continue to fight HIV/AIDS (Bangladesh);

The following recommendations were rejected:

92. 20. Continue to incorporate the provisions of the Convention on the Rights of the Child into domestic legislation, especially article 19(1), in relation to deep concerns about the corporal punishment of children (Chile); consider changing legislation to expressly prohibit all forms of corporal punishment in all settings (at home, in schools and in other institutions) and conduct awareness-raising efforts to change the public’s attitude to corporal punishment (Slovenia); to continue efforts to eliminate corporal punishment (Brazil, Sweden), especially in schools (Sweden); to put an end, de jure and de facto, to the practice of corporal punishments in traditional judicial systems (France);