29 Oct 2023

In an effort to be consistent with President Dr Mokgweetsi Masisi’s call for a mindset change initiative, the Ministry of Justice is relooking into the justice system with a view to transform it to make it inclusive and effective.

Part of the process includes two transformative policy projects that aim at improving access to justice by all. 

Minister of Justice Mr Machana Shamukuni recently launched the policy projects in Thamaga.

He said in order to transform the justice system, the starting point was to develop guiding tools such as the two policy projects being; guidelines on gender mainstreaming within the criminal justice system and child-friendly justice system research study.

“In so far as gender equality is concerned, mainstreaming gender in the criminal justice system is necessary to protect the vulnerable such as women and children, “he said.

Moreover, he explained that the guidelines on gender mainstreaming provided standardised guidance to achieve gender inclusion, by employing and reinforcing gender equality and gender values across all government programmes and operations.

However, he noted that one of the challenges in the country was the escalating cases of gender based violence (GBV). 

Thus, he said it was not surprising that government had prioritised  mainstreaming  gender into the criminal justice system. 

“The Guidelines are thus a roadmap to integrate gender sensitivity into all aspects of the criminal justice system, from the investigation and prosecution of crimes to the support and rehabilitation of victims, he said.

He further emphasised that equality should not be viewed as human rights and human dignity only but should also be considered as a precondition for sustainable development and economic growth.

Minister Shamukuni highlighted that no society could develop sustainably without supporting equal opportunities, resources, and choices for men and women so that they had equal power to shape their lives and contribute meaningfully.

Regarding children, he explained that his ministry was committed to removing all impediments in the justice system and all legislature that were not protective of children.

“We must pay special attention to our youngest citizens, children, and ensure that their experience within the justice system is trauma-free,” the minister added.

In addition, he stressed that policy guidelines were essential for the advancement of government to achieve its goals and improve the livelihood of Batswana.

Permanent Secretary in the Ministry of Justice Ms Naledi Moroka shared the same sentiments with the minister emphasising that gender mainstreaming within the criminal justice system was not just a matter of principle but a fundamental human rights issue.

“We must ensure that our legal procedures, law enforcement, and rehabilitation processes are all inclusive, and are gender and age-sensitive,” she said.

However, she noted that in order to successfully implement the policy guides, government institutions, civil society, legal professionals and communities must work together.

For her part, Stepping Stones Programme Director Ms Beauty Magasha said her organization has conducted research titled: Assessing the State of the Child-friendly Justice System in Botswana Research; Qualitative Situational Analysis for Reform, to provide insight on the child justice system to inform proper reforms which might be developed in the future.

She said the purpose of the research was to provide the strengths, gaps and weaknesses of the current child justice system, inclusive of legislation, governance and structures among others.

Secondly, she stated the research sought to identify recommendations based on the interviews conducted, promising national and international good practices. As such, Stepping Stones in partnership with the University of Botswana carried out 327 semi-structured interviews in Francistown, Gaborone, Letlhakane, Maun and Tsabong involving police, social welfare, health, education, Courts, district and tribal leaders, legal aid, Department of Public Prosecutions, Attorney General’s Chambers among others.

She said research showed that Children’s rights in Botswana were often violated, whereby too many children faced violence or abuse. Many of those cases do not even enter the justice system because they are often not reported.

Further, it showed that justice was often not served and the process could be re-victimising for children. Also, the research revealed that cases involving children could take up to four or five years before trial and victims not receiving services such as counselling. In addition, the research showed that child-friendly justice principles were often not applied. Ends