06 May 2014

Respect for the rule of law will ensure economic and human development as well as effective and accountable governance.

Officially opening the Commonwealth Law Ministers Meeting in Gaborone on May 5, the Vice President, Dr Ponatshego Kedikilwe, said the meeting came at a time when issues of the rule of law and human rights were topical in various jurisdictions.

He noted that as a fundamental Commonwealth value, adherence to and respect for the rule of law sought to recognise and uphold the supremacy of the law.

The Vice President, therefore, said for those who had achieved certain degree of implementing the rule of law and ensuring the protection of human rights in their jurisdictions, it was critical to maintain and sustain those achievements.

Dr Kedikilwe said proper adherence to principles relating to the theme, Consolidating Human Rights and the Rule of Law in the Commonwealth, would ensure sustainable development and at levels in various communities.

He noted that though the goal might appear to be difficult to achieve, it was achievable as long as the limited resources at disposal were garnered and marshaled for the purpose, adding that most importantly, strong political will was a major pre-requisite for the achievement of such noble goals.

Dr Kedikilwe further noted that member states should ensure that they ratified international human rights instruments, disseminate and domesticate them to ensure that their citizens gained the maximum intended benefit.

“It is also essential to develop sound legal frameworks to secure developments within our legal systems. This means that while respecting the principle of separation of powers, the executive, legislature and judiciary must work together towards the common goal of securing the fundamental principles that safeguards the rule of law,” he said.

He, however, warned that it was imperative that the frameworks had coordinated functions to ensure adequate development, adding that checks and balances were important in upholding the rule of law and protection of human rights.

Furthermore, the implementation of the rule of law was considered to affect comparative economic competitiveness of individual member states. In addition, each arm of government had to be accountable for its role in enhancing the development of human rights and attainment of sustainable development.

He nevertheless said Botswana had made some modest strides in this regard and in some of the issues table their deliberation. These included the drafting of a number of legislations in areas of anti-human trafficking, cybercrime and related crimes, environmental management, proceeds and instrument of crime, counter-terrorism and financing of terrorist act, among others.

He, however, saluted the Commonwealth secretariat for assisting Botswana with a consultant for the development of sentencing policy. The project, which was in its second phase, was progressing well.

The project also looked at the appropriateness of alternative sentencing for particular categories of offenders such as gender, mental health and youth. The proposal made so far included the establishment of community service orders and the creation of a sentencing commission, both of which the country shall be working with the secretariat.

Another important output of the project would be a sentencing policy for Botswana encompassing possible alternatives to imprisonment, which will be completed by the end of the project.

The meeting, which is attended by 53 Commonwealth members states will end on May 8. Ends