Seretse on human rights
| Friday December 5, 2008 00:00
After presenting an overview of the Botswana National Report, Seretse responded to questions submitted by member States. The following are excerpts of some his responses:
National Human Rights Institution
The Czech Republic and the United Kingdom enquired on the steps taken to establish and implement a national framework to promote and protect human rights. In March 2008, we indicated to the Human Rights Committee that Botswana intends to establish a national human rights institution, and in this regard, consultations to initiate the process are ongoing. It is our hope that by the next review, the institution will have been established.
Discriminatory Laws
The Czech Republic also enquired on the implementation of recommendations of the commission of enquiry, which was tasked to look into provisions of the Constitution which were alleged to be discriminatory. Indeed the Commission concluded that sections 77, 78 and 79 of the Constitution were discriminatory, and these were amended to accommodate the concerns.
Implementation of Treaties
The United Kingdom enquired on the steps being taken by Botswana to implement international treaties and conventions.
Botswana agrees that international treaties should be domesticated and implemented and to this effect, has set up structures (Inter-Ministerial Committee) to ensure their effective implementation. We however have had challenges relating to technical and financial capacity that we intend to address, in doing so we hope to benefit from the goodwill and support of the international community.
On the enquiry by the United Kingdom about ratification of the International Covenant on Economic, Social and Cultural Rights, when we are in a position to implement the actual provisions of the Covenant, we shall accede. Here again, capacity to implement is critical.
Overcrowding In Prisons
In response to the United Kingdom's question on steps the Government is taking to improve conditions in prisons, we are constructing new prisons, and exploring alternative measures to imprisonment.
Sexual orientation issues
With regard to decriminalization of same-sex sexual activities, as asked by Netherlands and the United Kingdom, we confirm that the law in Botswana criminalises same-sex sexual activities. The law does not allow for registration of societies whose constitution and objects go against the law of the land. There are, however, registered civil society organizations in the country that are not specifically set up to advocate on the rights of lesbians, gays, and bisexual. These can within the wider framework of whatever they perceive as human rights, advocate on the rights of such groups. They are free to use the same fora that we use in nurturing our democratic processes.
CKGR
The United Kingdom also enquired on the follow up and implementation of the December 2006 court ruling, which allowed the San communities to return to their ancestral land in the Central Kalahari Game Reserve as well as the level of dialogue and progress that has been made since this ruling. The Government of Botswana has fully implemented the Court order. The Government however recognized that the question of the CKGR is not just a legal issue, and to this effect Government has opened dialogue with the people of the CKGR.
The President of Botswana met with representatives of the CKGR on the June 12th 2008, and subsequently instructed the Inter-Ministerial Committee on the CKGR to continue the dialogue. The Committee met with representatives of the CKGR community on the 26th November 2008 to map the way forward. They agreed to meet on the January 22nd or 23rd 2009, at which meeting, each party will present a list of issues for discussion to bring this matter to an amicable conclusion.
Abolition of the Death Penalty
The United Kingdom, Denmark and Netherlands enquired on the abolition of the death penalty or a moratorium on its application. We do not agree that we are in violation of Article 6 (2) of the International Covenant on Civil and Political Rights because Article 6 (2) recognizes that the death sentence may be imposed only for the most serious crimes in accordance with the law in force at the time of commission of the crime. In line with Article 6 (2) of the ICCPR, in Botswana the death sentence is imposed for serious crimes being murder without extenuating circumstances and treason.
The position of the government of Botswana is that there are no plans to either abolish capital punishment or impose a moratorium on its application.
In 1997 the Parliamentary Law Reform Committee produced a report on public opinion on the death penalty, which was tabled before Parliament. The findings of the report showed that the public was in favour of retaining the death penalty. Currently public opinion on the death penalty affirms support for its retention.
Regarding the question of improving clemency proceedings, the government considers these to be purely procedural issues for the Advisory Committee on the Prerogative of Mercy. The concerns by member states on representations by family and or lawyers are reasonable and will be put to the relevant authorities.
Torture
Denmark enquired on torture, alleging reliable reports of widespread use of torture and ill treatment, and also as to when Botswana intends to ratify the Optional Protocol to the Convention Against Torture. If these allegations of torture relate to Government agencies, we vehemently deny that there is any widespread use of torture in our country.
The Constitution provides for the protection against torture and inhuman treatment. As such where there are allegations of torture, investigations are carried out and the perpetrators are prosecuted.
We are not in principle opposed to ratifying the Optional Protocol on the Convention Against Torture, but we must do so at an appropriate time. Currently we are still working on other structures arising from our international obligations e.g. a national human rights institution, and to take on additional structures as may be required by ratification of the Optional Protocol on the Convention Against Torture would be burdensome on our resources.