26 Jul 2022

The Working Group on Arbitrary Detention has applauded Botswana government for constructive cooperation with Human Rights Council Special Procedures.

Group representative, Ms Elina Steinerte said in an interview following the group’s presentation of preliminary findings of its research conducted from the 4th to 15th July 2022, among government officials, lawyers, civil society representatives, and other stakeholders.

Ms Steinerte said the Group celebrated not only Botswana’s standing invitation to the Special Procedures, but also its meaningful implementation. She said in the spirit of cooperation and transparency, the Group was granted full and free access to all places of deprivation of liberty.

“This visit is an example to other countries in the region as it has been well over a decade since the Working Group has been able to visit Southern Africa,” she said.

She said the group commended commitment expressed by the government to uphold international human rights by ratifying core international human rights treaties. They noted government’s efforts to catch up with its reporting obligations under various treaties.

She said it was necessary that ratification of all international treaties must transform domestic legislation.

In addition, she urged the government to transform all other international human rights treaties to which Botswana was a party to into domestic laws.

Ms Steinerte urged for regular independent oversight over all places of deprivation of liberty, saying this significantly reduced and prevented arbitrary detention. She also called for ratification of the Optional Protocol to the Convention against Torture (OPCAT), its transformation into domestic law, and establishment of effectively functioning national preventive mechanisms.

Further, the group welcomed the government’s efforts to expand the mandate of the Office of the Ombudsman to include a human rights mandate and investigative functions into allegations of human rights violations, she said.

Notably, she said the group welcomed National Human Rights Strategy and Action Plan, an initiative of the National Human Rights Coordinating Committee, which has formed a Task Force to that effect, composed of authorities and representatives of the civil society.

She indicated that they welcomed the November 2021 decision of the Court of Appeals, upholding the High Court of Botswana’s decision declaring unconstitutional sections 164 and 165 of the Criminal Code, which criminalised homosexuality.

“The group urges the government to enact the requisite legislation without delay and review all cases of individuals convicted under these sections to release them from prison and expunge their criminal records,” Ms Steinerte said.

She applauded the government for the ongoing constitutional review consultations which she said offered, everybody the opportunity to have a say Ms Steinerte also commended government for its consistent observance of the one-third-remission-of-sentence rule in line with the Prisons Act.  ENDS