DITSHWANELO – The Botswana Centre for Human Rights

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Gaborone

Botswana

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Update Press Statement on Botswana’s United Nations Universal Periodic Review of Human Rights Situation 23 January 2013

On 23 January 2013, Botswana underwent its second cycle Universal Periodic Review (UPR) process in Geneva, Switzerland during the 15th Session of the forty-seven member UPR Working Group of the Human Rights Council. The Troika (rapporteurs) for the Botswana session, comprising Austria, Poland and Uganda, presented its outcome document (Draft Report) on 25 January 2013. In June 2013, the final report will be adopted at the plenary session of the Human Rights Council. The final report will contain recommendations accepted by Botswana.

The delegation of the Government of Botswana was led by Minister Seretse, Minister of Defence, Justice and Security. In his Statement delivered on 23 January 2013, Minister Ndelu Seretse underscored the need for support to the Government of Botswana towards‘the development of a comprehensive strategy and action plan on human rights ... (The Government) … is willing to engage (on this) with local and international partners’.

On the previous day, 22 January 2013, at the Botswana side event hosted for the Botswana NGOs by Friedrich Ebert Stiftung (FES), members of the Botswana UPR Working Group, Ms Alice Mogwe (DITSHWANELO – The Botswana Centre for Human Rights), Ms Onneetse Makhumalo (BOCONGO – The Botswana Council of Non-Governmental Organisations) and Mr Caine Youngman (LeGaBiBo – Lesbians, Gays and Bisexuals of Botswana) identified key issues as well as recommendations for consideration by the Human Rights Council.The side event was also attended by Minister Seretse and by the Botswana Ambassador to the United Nations (in Geneva), Mr Mothusi Palai.

During the UPR session on 23 January 2013, The Working Group of the Human Rights Council made 175 recommendations for consideration by the Government of Botswana. Botswana accepted 93of those recommendations, deferred 43 of them and declined39 recommendations. Feedback about the deferred recommendations is to be given to the Human Rights Council by the 23rd session of the Human Rights Council in June 2013.Recommendations were made by a number of States, some of which States are listed below’.

The accepted recommendations include the following:

Domestication of international human rights instruments which Botswana has ratified and implementation of national laws in accordance with its treaty obligations (Chad, France, Liechtenstein, Slovakia, Lesotho); establishment of a national human rights institution(South Africa, Togo, Tunisia, Chile, New Zealand, Kenya, Turkey, Burundi, Burkina Faso, Djibouti, France, Australia); adopt a comprehensive national human rights action plan (Mexico, South Africa); create a national action plan for the implementation of the accepted recommendations (Turkey); continue to implement agreed recommendations and other domestic and international obligations such as treaty bodyreporting (Zimbabwe); enhance capacity-building in its pro-poor and results-based development planning policy and programmes (Zimbabwe); carry out efforts in poverty eradication and reduction (Senegal, Singapore, China, Cuba, Indonesia, Bangladesh, Malaysia); continue to promote human rights education (Armenia, Ethiopia); align traditional laws and procedures with principles which protect the balance of socio-economic rights of menand women and the rights of the child (Cape Verde); hold a public debate on the death penalty (Uruguay); enact specific legislation on marital rape (Ireland); take steps to improve the conditions in prison (Norway); to have a continued focus on the situation of the San people and their rights in Botswana (Norway).

Deferred recommendations included the following:

Ratification of the International Covenant on Economic, Social and Cultural Rights (Congo, Namibia, Kenya, Cyprus, Australia, Germany); ratification of the Convention on the Protection of All Persons from Enforced Disappearance (Costa Rica, Argentina, France), the Convention on the Rights of Persons with Disabilities (Costa Rica, Togo, Morocco, Rwanda,), Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Turkey, Philippines, Rwanda), ratify the Convention on the Prevention and Punishment of the Crime of Genocide ( Armenia); ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Tunisia, Czech Republic) and ILO Conventions 169 and 189.Extend an open invitation to Special Procedures of the Human Rights Council (Czech Republic, Guatemala, Latvia, Hungary); Engage in dialogue to repeal laws which criminalise consensual adult same sex relations (Canada); realize the universal realization of the human right to safe drinking water and sanitation (Spain);

Declined or rejected recommendations include:

Abolition of the death penalty; improved transparency of the clemency process in death penalty cases (United Kingdom); decriminalize consensual same-sex activities (Czech Republic); ensure that tourism development in the CKGR allows indigenous peoples to continue with their traditional practices, including hunting and harvesting for subsisting, as well as access to water (Mexico).

The NGO delegation notes, with appreciation, Government’s stated commitment towards the ‘development of a comprehensive strategy and action plan on human rights’. It also notes that the Government ‘… is willing to engage (on this) with local and international partners’. We look forward to constructive, mutually respectful, dialogue and partnership in the development of a national human rights strategy and action plan.

29 January 2013

Gaborone

For more information please contact: DITSHWANELO – The Botswana Centre for Human Rights. Tel: +267 3906998 Cell: +267 71309468. Fax: +267 3907778; Email: admin.ditshwanelo.org.bw. Website: