COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION STARTS CONSIDERATION OF BOTSWANA'S REPORTS

CERD
61st session
19 August 2002
Afternoon



Discusses Draft Conclusions on Reports of Canada




The Committee on the Elimination of Racial Discrimination this afternoon started its consideration of the sixth to fourteenth periodic reports of Botswana by hearing a Government delegation say that as a non-racial society, the country has demonstrated to the world the virtues of racial harmony.
Introducing his country's reports, Charles I. Ntwaagae, Ambassador and Permanent Representative of Botswana to the United Nations Office at Geneva, said that his country has a reputation in Africa for having a very strong democratic tradition and a good record of respect for human rights and the rule of law. The country has a non-racial society and was totally intolerant of racial or any other form of discrimination.
Mr. Ntwaagae said that as a non-racial society, Botswana has successfully demonstrated to the world the virtues of racial harmony and peaceful co-existence. As a frontline State in a racially turbulent region, the country had consistently demonstrated its strong opposition to apartheid and had offered sanctuary to victims of racial discrimination and oppression in the region, he added.
Raghavan Vasudevan Pillai, the Committee Expert who acted as country rapporteur to the reports of Botswana, referring to the Tribal Territories Act and the Chieftainship Act, which recognized the eight Setswana-speaking tribes as the only tribes in the country, said that non-Setswana speaking people were not recognized. Consequently, it was alleged that languages and cultures of non-Setswana groups did not form a part of the national culture, and imbalances had developed in the provision of social services and infrastructure development. He asked for the position of the Government on the proposed amendment to those provisions.
Also taking part in the discussion were Committee Experts Agha Shahi, Linos Alexander Sicilianos, Mohamed Aly Thiam, Luis Valenica Rodriguez, Morten Kjaerum, Jose Augusto Lindgren Alves, Tang Chengyuan, Patricia Nozipho January-Bardill, Marc Boussuyt, Patrick Thornberry and Mario Jorge Yutzis.
The delegation of Botswana is also composed of Clement K. Mphusu, Minister Counsellor at the Permanent Mission of Botswana in Geneva; T.E. Malebeswa, Assistant Attorney-General; Tebogo L. Motshome-Setloboko, Counsellor at the Permanent Mission of Botswana in Geneva; and E.K. Raletobana, Under-Secretary at the Office of the President of the Republic.
As one of the 162 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, Botswana must present periodic reports to the Committee on its performance designed to implement the provisions of the treaty.
The Committee also discussed on a paragraph-by-paragraph basis its draft concluding observations on the reports of Canada, which will be formally adopted at the end of its three-week session which will conclude on 23 August.
When the Committee reconvenes at 10 a.m., on Tuesday, 20 August it will continue its consideration of the reports of Botswana.

Reports of Botswana
The sixth to fourteenth periodic reports of Botswana (document CERD/C/407/Add.1) say that the education system of the country is designed in such a way that every school is open to all racial and ethnic groups. The interaction of these students from different groups in schools and the teaching methods employed ensure that future relations between these groups are without prejudices which may lead to racial discrimination.
Botswanan society is intolerant of racial discrimination, the reports note. Having had to contend with racist regimes in the-then South Africa, Rhodesia and South West Africa for a long time, and having interacted with people raised in those societies, Botswana has always been determined to give due regard to ensuring that race relations are normal.
The population of Botswana is comparatively and generally homogenous, the reports note; however, there is significant diversity of language and culture. Setswana and English are offered as subjects in schools.
The reports say that occasions such as Independence Day celebrations and the State of the Nation addresses are sometimes used to remind the nation of its commitment to and respect for the human rights and freedoms which are enshrined in the Constitution. Botswana is committed to a human rights culture. Hence, Botswana is signatory to a number of international instruments, including the African Charter on Human and Peoples' Rights.
In conclusion, the reports say that Botswana continues to strive to make improvements in its attempt to comply with the International Convention. Certain areas require greater and more careful scrutiny, and efforts to devise desirable measures in those areas will continue to be made.

Presentation of Reports
CHARLES T. NTWAAGAE, Ambassador and Permanent Representative of Botswana to the United Nations Office at Geneva, apologized for having defaulted since March 1985 in submitting reports every two years as required by the International Convention. The Government's default was not in anyway a reflection of its lack of commitment to the fight against racial discrimination and what it sought to achieve.
Botswana has a reputation in Africa for having a very strong democratic tradition and a good record of respect for human rights and the rule of law, Mr. Ntwaagae said. All persons in Botswana were equal before the law and enjoyed equal protection of the law against all forms of discrimination. The country had a non-racial society and was totally intolerant of racial or any other forms of discrimination. Like many other countries that had emerged from many years of colonial rule, there were imbalances in Botswana's socio-economic landscape and there were ongoing efforts to address them.
Mr. Ntwaagae continued to say that the country's Constitution guaranteed fundamental rights and freedoms as set out in article 5 of the Convention. Coincidentally, Botswana's laws were consistent with the principles embodied in the UN Charter, particularly the principles of dignity and equality inherent in all human rights, irrespective of race, colour, creed, sex, religion, language or ethnicity.
As a non-racial society, Botswana has successfully demonstrated to the world the virtues of racial harmony and peaceful co-existence, the Ambassador said. Botswana's society valued cultural enrichment which resulted from unity in diversity. As a frontline State in a racially turbulent region, the country had consistently demonstrated its strong opposition to apartheid and had offered sanctuary to victims of racial discrimination and oppression in the region.
Mr. Ntwaagae noted that in recognition of the fact that racial discrimination posed a serious threat to peace and stability, Botswana maintained its strong opposition to racial discrimination in international fora such as the Organization of African Unity, the Commonwealth, the United Nations and the Non-Aligned Movement. Botswana had actively participated in the 1978 and 1993 UN World Conferences against Racism and Racial Discrimination, as well as in the 2001 Durban World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

Questions and Comments by Experts
RAGHAVAN VASUDEVAN PILLAI, the Committee Expert who acted as country rapporteur to the reports of Botswana, said that Botswana had established a non-racial democracy offering all citizens equal rights. The Constitution provided for a republican form of government headed by the President. In 1997, a special presidential task group had published "vision 2016, towards prosperity for all", which set out the Government's long-term vision of a State dedicated to the achievement of social harmony.
Turning to the reports, Mr. Pillai observed that it lacked adequate information. Except for a few cases, the report was basically a narration of the existing constitutional and legal provisions and did not indicate the nature and extent of the implementation of those provisions. No detailed information was available on the ethnic composition of Botswana's population.
Mr. Pillai said that the report went on to say that reference to Bushmen or to any ethnicity by a derogatory name was a punishable offence as it was discriminatory and therefore incompatible with the laws of Botswana. Paragraph 6 of the report said that "the population of Botswana was comparatively and generally homogenous; however, there was significant diversity of language and culture.
The absence of disaggregated demographic date was a major handicap in considering how the different ethnic groups had benefited from the many programmes undertaken by the State for the socio-economic development of the people, the rapporteur said. He invited Botswana to give due recognition to the general guidelines of the Committee on the preparation of reports under article 9, paragraph 1, of the Convention.
Referring to the Tribal Territories Act and the Chieftainship Act, which recognized the eight Setswana speaking tribes as the only tribes in the country, Mr. Pillai said that non-Setswana speaking people were not recognized. Consequently, it was alleged that languages and cultures of non-Setswana groups did not form a part of the national culture, and imbalances have developed in the provision of social services and infrastructure development. He asked for the position of the Government on the proposed amendment to those provisions.
The State party, in paragraph 38 of the report, had given the number of cases tried under the Penal Code for racial acts, Mr. Pillai said. The numbers showed an increasing trend, and the delegation should give some idea as to who were the victims in those cases and whether over the five year period, any trend in the commission of offences was discernible.
With regards to HIV/AIDS, the common country assessment report brought out by the UN agencies said that no section of Botswana society was untouched by the effects of the epidemic, Mr. Pillai said. Yet, various groups and sections of the population were affected by HIV in different ways. It was heartening that the President himself had assumed political leadership of the national effort against HIV/AIDS and that there had been a substantial increase of the nation's budget. How did it impact on the different groups and sections of the population?
With regard to the Botswana Housing Corporation Act, Mr. Pillai requested details on how the law affected the enjoyment of the right to housing by the weaker sections of the society and whether there were any affirmative action policies which paid special attention to the enjoyment of those rights by the disadvantaged sections of the society.
Concerning provisions of education, Mr. Pillai requested an assessment of the extent of the utilization of the educational facilities by different segments of the society. Did the State party consider that any groups needed special attention?
In conclusion, Mr. Pillai asked for information on the number of cases tried involving the offence of expression of racial hatred.
Other Committee Experts also contributed to the debate by raising a number of questions. An Expert said that the Basarwa people, who considered themselves indigenous people who had lived in the Kalahari desert for centuries, had allegedly been discriminated against. They had reportedly been forcefully evicted from their ancestral lands, situated in the game lands, and relocated in areas where they were unsatisfied. A number of NGOs had filed cases of discrimination on behalf of those indigenous people. They had been deprived of their rights to their lands; and because of that, they were living on meagre resources. The number of that group had also been reduced from 3,000 to less than one hundred.
Another Expert asked about the status of the International Convention within the domestic legal provisions; why was it that domestic legislation prevailed over international law? Was there a system of Ombudsman in the Botswanan legal system?
Other Experts also raised questions on the issues of diversity in the society; the adoption of ILO Convention no. 169 on Indigenous and Tribal Peoples; the acts of discrimination against the Basarwa; and the possibility of obtaining technical assistance to prepare periodic reports, among other things.

Draft Concluding Observations on Canada
The Committee discussed its draft concluding observations and recommendations on the thirteenth and fourteenth periodic reports of Canada which will be adopted at the end of its three-week session on 23 August.
Among the positive aspects cited in the draft text, if adopted in its definitive form, the Committee will note with satisfaction the strong and steadfast commitment to human rights manifested by Canada at the international and national levels; and the Statement of Reconciliation, made by the Federal Government, expressing Canada's apology for the historic injustices committed against Aboriginal people. It will welcome the extension of the scope of the Employment Equity Act to the Federal public service and the Canadian Forces, and will note with satisfaction the progress achieved regarding the representation of Aboriginals and minorities in the Federal public service. It will also welcome the amendment to the Criminal Code introducing racial discrimination as an aggravating circumstance.
According to the draft recommendations, the Committee will reiterate that the principal responsibility for the implementation of the Convention lay with the Federal Government of Canada; the Committee will express concern that the Federal Government has not been able to compel the provincial and territorial governments to align their laws with the requirements of the Convention.
The Committee will note that the Canadian Charter of Rights and Freedoms did not impose obligations on non-state actors, and will suggest that the possibility of enlarging the scope of that instrument in that respect be considered.
Further, if the draft conclusions are adopted, the Committee will reiterate its concern about references to "visible minorities" in Canadian anti-discrimination policy, since that term, which basically, referred to non-white persons, did not appear to fully cover the scope of article 1 of the Convention.
The Committee will view with concern the direct connection between Aboriginal economic marginalization and the ongoing dispossession of Aboriginal people from their land, as recognized by the Royal Commission, while noting with appreciation the assurance given by the delegation that Canada no longer will require a reference to extinguishment of surrendered land and resources rights in any land claim agreements.



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