Botswana: Promotion Mission, 2005The promotional missions have given
the Commission, an opportunity to initiate dialogue with African States and
other stakeholders involved with the promotion and protection of human rights
in Africa. It is in this light that Commissioner Bahame Tom Nyanduga, Member of
the African Commission and Commissioner responsible for human rights promotion
in Botswana visited the Republic of Botswana from 14 – 18 February 2005.
Commissioner Nyanduga was accompanied to the mission by Robert Eno from the
African Commission’s Secretariat.
Recommendations
On the Police
The Government should introduce human rights as a module in the training of the
police.
Indigenous populations – the Basarwa community
The Government should engage the indigenous Basarwa communities in further
dialogue and explore ways of communicating with them. Assistance given to them
should be accompanied with training and support mechanisms, uplift their social
wellbeing without prejudicing their culture and traditions.
On the Death penalty
The Government should adopt a moratorium on the question of the death penalty
and undertake extensive studies on the human rights implications of the death
penalty. Subjecting the question of the death penalty to public opinion,
especially if the public has not been sensitized on the human rights
implications, will not produce a fair result.
On Corporal punishment
The Government should explore an alternative to corporal punishment because it
has been found to be a degrading and inhuman punishment. In the case of Botswana,
it can also be said to be discriminatory as it is administered only to men, and
only to men of a certain age bracket. Alternatives such as community service
could be adopted.
On the Ombudsman
The Government should explore the possibility of establishing a National Human
Rights Commission in conformity with the Paris Principles or elevate the
Ombudsman to that status. To allay criticisms regarding the independence of the
Ombudsman, its budget should be voted by Parliament and the Ombudsman should be
appointed by Parliament and confirmed by the Executive.
State Reporting
The African Commission welcomes the efforts by the Government to submit its
overdue state reports. The Government should redouble its efforts towards
meeting its State Reporting obligations as contained in Article 62 of the
African Charter.
Ratification of Protocols
The Government of the Republic of Botswana should take the necessary steps to
ratify the Protocol on the establishment of the African Court on Human and
Peoples’ Rights and the Protocol on the Rights of Women in Africa. In view of
the fact that the African Union has decided to merge the African Court on Human
and Peoples’ Rights and the African Court of Justice, the Government of the
Republic of Botswana should also take the necessary steps to ratify the
protocol on the African Court of Justice.
NGOs
The African Commission would like to see more Botswana NGOs apply for observer
status and take part in the sessions of the African Commission.
The Presidency
Botswana is one of the most stable democratic states in Africa based on a long
tradition of multiparty politics and a vibrant and prudentially managed
economy. Botswana has since 1969 regularly held popular general elections for
its members of parliament, during which time the President of the Republic is
elected. Bearing in mind that the Head of State of Botswana is an executive
President, with wide ranging powers, the African Commission recommends that
Botswana Government explore the possibility of constitutional reforms to allow
for the election of the President by adult universal suffrage, in accordance
with Article 13 of the African Charter on Human and Peoples’ Rights.
