Statement On Unanimous Adoption Of Final Botswana UPR Report

| Monday June 17, 2013 00:00

In January 2013, Botswana received a total of 175 recommendations and accepted a total of 111 recommendations. During the January 2013 session, Botswana accepted 93 of the recommendations and rejected 39. Botswana deferred 43 recommendations for consultation in Botswana. It reported on these at the June 2013 session. Of the 43 recommendations, Botswana has accepted 18, partially accepted three and rejected 22.

Those deferred recommendations which were adopted during the June 2013 session had been made in January 2013 by the following countries: that Botswana consider the ratification of the International Covenant on Economic, Social and Cultural Rights (IESCR) (Namibia, Kenya, Cyprus, Costa Rica and Ecuador); explore the possibility of ratifiying the International Convention for the Protection of All Persons from Enforced Disappearance (Argentina); consider the ratification of the Convention on the Prevention and Punishment of the Crime of Genocide (Armenia); complete the harmonisation of domestic legislation with the provisions of the Rome Statute  (Tunisia) and consider the possibility of ratifying the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Tunisia,);  consider the ratification of International Convention on  the Protection of the Rights of All Migrant Workers and Members of their Families (Ecuador); consider signing the SADC Protocol on Gender and Development (Norway); consider the ratification of ILO Convention  169 and 189 (Phillipines) through accession after completion of consultations with workers, employers and trade unions; speed up the process towards ratification of the Convention on the Rights of Persons with Disabilities (Rwanda and Ecuador) through considering accession following consultations with workers, employers and trade unions ; consider ratification of the new third Optional Protocol to the Convention on the Rights of the Child on a communication procedure (Slovakia); raise the minimum age of criminal responsibility (Togo, Turkey, France, Uruguay and Hungary) as already done in Children's Act 2009; consider extending a standing invitation to all the special procedures mandate holders of the Human Rights Council (Latvia); continue its engagement with improving the rights of refugees (Uganda); improve the reception conditions, health care, access to water and sanitation, adequate housing and food, for refugees and adhering to the principle of non-refoulement (repatriating refugees in case their lives are in danger in their country or origin (Ecuador); and maintain the positive efforts aiming at finding durable solutions through repatriation, reintegration and resettlement of refugees (Egypt).

Botswana rejected the following recommendations made in January 2013 and deferred to June 2013: ratification of the ICESCR (Timor-Leste, Congo, Australia, Turkey, Ecuador, France and Germany); of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (Cyprus) before undertaking educational awareness campaigns; of the ICESC; of the Convention of the Rights of Persons with Disabilities (Togo, France and Morocco for accession); the International Convention on the Protection of the Rights of All Migrant  Workers and Members of Their Families (Turkey and Ecuador); of the Optional Protocol to Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (Czech Republic); of the International Convention on the Protection of all Persons from Enforced Disappearances (France); reform customary law to eliminate restrictions on women's access to property (United States of America); review inconsistencies between the Children's Act 2009 and international obligations under the Convention on the Rights of the Child such as the prohibition of corporal punishment (Liechtenstein);

Issue standing invitation  to the Special Procedures of the Human Rights Council (Czech Republic, Guatemela and Hungary); take steps to implement comprehensive anti-discrimination laws, particularly on the basis of sexual orientation (Australia); ensure that executed person's bodies are handed over for private burial (Uruguay); ensure the respect of international standards on the rights of prisoners sentenced to death (Italy) as Botswana considers its entire process consistent with international standards; engage in dialogue to repeal laws which criminalise consensual adult same sex relations (Canada) as it would be necessary to conduct educational campaigns on the issue; support at national and regional and international level the promotion and universal realisation of the human rights to safe drinking water  and sanitation (Spain) as Botswana is already doing so; and speed up process to explore possible solutions for mother-tongue schooling (Hungary) as Botswana is in process of encouraging different ethnic groups to develop their languages.

Minister Ramadeluka Seretse who led the delegation reaffirmed the commitment of the Government of Botswana to 'purposeful engagement and cooperation between both Government and civil society'. He made reference to the national consultative workshop held in April 2013, which marked the beginning of the development of the national human rights strategy and national action plan for Botswana.The Botswana NGO representatives, affirmed the commitment of the Government as well as their commitment to the same national, Botswana-driven process.

However, concerns were raised about: the delay in the registration of LeGaBiBo and the lack of policies addressing issues of gender identity; the rejection of the recommendations for the decriminalisation of consensual adult same-sex relations and anti-discrimination laws; concerning the handing of bodies of executed prisoners for private burials; for the reform of customary law to eliminate restrictions on women's access to property and for the extension of a standing invitation to all mandate holders of the Human Rights Council.  The Commonwealth Human Rights Initiative also commented on the Botswana human rights situation in relation to consensual adult same- sex activity.