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COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF BOTSWANA
16 September 2004
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Committee on the
Rights of the Child 16 September 2004
The Committee on the Rights of the Child today considered the initial report of Botswana on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report, Michael Tshipinare, Minister of Local Government of Botswana, said that Botswana had one of the highest HIV/AIDS prevalence rates in the world which caused a lot of pain and suffering to communities, especially to children. The Government has been implementing a Short Term Plan of Action for Orphans and had developed a data base which could track the number of orphans registered. To date, 43,063 orphans had been registered and have been assisted with food and other necessities.
Mr. Tshipinare said the establishment of the School of Industry had brought about significant improvements in the juvenile justice system in that the courts now had a place where they could commit juvenile offenders for rehabilitation and reintegration.
In preliminary remarks, Committee Expert Ghalia Mohd Bin Hamad Al-Thani, the Committee Expert serving as rapporteur for the report of Botswana, said the Committee shared the State party’s concern related to discrimination faced by various groups of children, including street children and children born out of wedlock, and said much more was needed to be done to create greater awareness and to provide adequate support for these groups. While recognizing the efforts taken by the Government on HIV/AIDS, the Committee would be making recommendations about additional steps Botswana could take to deal with the pandemic.
Other Committee Experts raised questions pertaining to HIV/AIDS, the State party’s reservation on the definition of the child, customary law practices, corporal punishment, education, street children and juvenile justice.
The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will conclude on 1 October.
The delegation of Botswana was also made up of representatives of the Ministry of Local Government, the Attorney General’s Office and the Permanent Mission of Botswana to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Botswana is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public session at 10 a.m. on Friday, 17 September, it is scheduled to hold a day of general discussion on “the implementation of the rights of the child in early childhood”.
Report of Botswana
According to the report (CRC/C/51/Add.9), there are administrative and institutional structures formulated by the Government of Botswana to facilitate the achievement and implementation of national child welfare policies and legislation.
The National Programme of Action for the Children of Botswana was instituted to ensure that children’s rights were placed at the centre of the development agenda. Among the Programme’s goals are to reduce malnutrition levels, promote early childhood development and improve the protection of children.
The Children’s Act defines a child as any person below the age of 14 years.
For purposes of the Adoption Act a child is a person under the age of 19 years. In Botswana no male below 16 years of age or female below 14 may marry and children below the age of 8 years are not criminally responsible for any act or omission in terms of the Penal Code. According to the Employment Act a child is defined as a person under 15 years of age and as such the employment of children is prohibited.
Family violence is widespread in Botswana and is often reported, but cases are frequently withdrawn before they reach the courts. One of the causes of this violence is early forced marriage of the girl child. Data indicate that Botswana has progressed in all major indicators of the well-being of children and women over the last 30 years. This was attributed to the Primary Health Care strategy. Tragically, however, Botswana has one of the fastest growing HIV infection rates and one of the highest HIV prevalences in the world, which has had a massive negative impact on children and women. According to a 1999 report, at least 28 per cent of the sexually active population (15-49) and 17 per cent of the general population are HIV-positive. The rates of HIV prevalence and mother-to-child transmission suggest that one in eight children is born HIV-positive. Sexual exploitation and the abuse of children are rapidly increasing in Botswana, despite the existence of legal mechanisms proscribing this practice and the stiff penalties that have been introduced. With the advent of the HIV/AIDS epidemic young children, especially young girls, find themselves vulnerable to sexual abuse for a variety of reasons, such as that they are considered unlikely to be HIV-positive.
There has been a reasonably well-developed system of education whereby both boys and girls have equal access to education although 1998 statistics show that girls tend to drop out due to pregnancy. This accounted for 3.1 per cent of dropouts of primary school (212 out of 6,942) and 39 per cent of those dropping out of secondary school (1,282 out of 3,287).
Introduction of Report
MICHAEL TSHIPINARE, Minister of Local Government of Botswana, said the Ministry brought together a Multi-sectoral Committee comprising of Government stakeholders, non-governmental organizations and community-based organizations in the preparation of the report as well as in generating responses. This was an indication of the commitment of Botswana in ensuring that child welfare issues were promoted and upheld by all relevant stakeholders and not just the Government, and indeed the best interest of the child.
The Minister drew attention to some of the developments which took place after the submission of the initial report, among them the upgrading of the Division of Social Services to the Department level and the elevation of the Child Welfare Unit to a Division. This was done in order to clearly define the functions of addressing children’s issues to enhance the Government’s capacity to implement the Convention. The functions of the Department included child protection, programmes for orphans and vulnerable children, rehabilitation of juvenile offenders and adoption. The aim of the State party was to enhance coordination and collaboration on issues of the child’s well-being, so that the collective efforts of all stakeholders in the implementation of the Convention could be realized. One of the major activities that the Department was engaged in was to revamp the National Child Welfare Committee.
Mr. Tshipinare said Botswana had one of the highest HIV/AIDS prevalence rates in the world which caused a lot of pain and suffering to communities, especially to children. The Government has been implementing a Short Term Plan of Action for Orphans and had developed a data base which could track the number of orphans registered. To date, 43,063 orphans had been registered and had been assisted with food and other necessities. Among the other steps taken was the establishment of the Masiela Trust Fund to raise funds for the care of orphans and to support the efforts of non-governmental organizations and community-based organizations that were looking after orphans. District AIDS Coordinators had also been appointed to bring HIV/AIDS into the centre stage of district development planning and enhance participation of all sectors in HIV/AIDS response programmes.
One of the emerging challenges was the need to provide adequate psychological care to AIDS orphans and in response the Government had set up the Multi Purpose Day Care Programme where community-based organizations offered day care services to orphans of pre-school and primary school ages. It was also the hope of the Government that the introduction of anti retro-viral therapy and routine testing would positively impact on the growth and survival of children as the life prolonging therapy would enable parents to live longer and thus care for their children.
Botswana was committed to improving access to education and health for children whose parents lived in remote areas, Mr. Tshipinare said. The establishment of the School of Industry had brought about significant improvements in the juvenile justice system in that the courts now had a place where they could commit juvenile offenders for rehabilitation and reintegration. Prior to this development, boys were often committed to the boys’ prison where rehabilitation programmes were not primarily designed in the best interests of the child. There had been improvements made in the training of police officers, the head of delegation added. These included training them on the Convention and other relevant instruments to sensitise them on issues of child protection.
In conclusion, Mr. Tshipinare expressed his Government’s hope that the instrument of accession to the Optional Protocol on children and armed conflict would be deposited with the Secretary-General of the United Nations at the end of September.
Discussion
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who served as Rapporteur for the report of Botswana, said although there were some areas of concern in the report that lacked some data, in general it was very good. She noted that Botswana was party to several conventions and international instruments and that it had signed the Optional Protocol of the Convention on the Rights of the Child on children and armed conflict and had acceded to the Optional Protocol on the sale of children, child prostitution and child pornography. Botswana had also acceded to key ILO conventions pertaining to child labour. However, Botswana was not party to any of The Hague International Conventions related to children’s rights and the Rapporteur asked the State party why this was so as well as for information on the reservation submitted by Botswana on article one of the Convention concerning the definition of the child.
Ms. Al-Thani asked for more information on the preparation of the report in general and to what extent had non-governmental organizations been involved. While commending the State party for its Ombudsman Act, she asked how the Office of the Ombudsman functioned. The Rapporteur asked what sort of social discrimination faced children with disabilities. After noting that capital punishment existed in Botswana, the Rapporteur asked if there was a possibility of life sentences for those below the age of 18. On the subject of corporal punishment, the Rapporteur asked if it was widespread in the school system.
The Rapporteur asked for more information on children with disabilities, in particular their participation in public life, access to public places and stigmas they were faced with. On health matters, she asked for additional information on what steps were being taken to assist pregnant women, given the high rate of maternal mortality, and on breastfeeding practices in the country.
Ms. Al-Thani noted that the focus on children affected by HIV/AIDS was not very visible in the State’s national HIV/AIDS policy to deal with the epidemic. In particular, she asked for clarification on the Government’s policy for the treatment afforded to non-nationals living with HIV/AIDS.
The Rapporteur also asked for additional information on reproductive health practices, mental health services and the rate of drug abuse in Botswana.
Another member of the Committee indicated that, according to reports, 40 to 50 per cent of children were not registered at birth and asked what measures the Government was taking to remedy this problem. Another Expert asked what the State-allocated budget was for children programmes and activities, in particular for children with disabilities.
A member of the Committee welcomed the strengthening of the District Councils to work better with HIV/AIDS but asked whether they had been strengthened to cover other areas within the Convention. She also asked the delegation to explain the decrease of mother to child transmission of HIV/AIDS. Other Experts asked for additional information on the consequences of HIV/AIDS on society in general and on budget allocations benefiting children.
Experts raised questions related to the teaching of religion in schools, the right to privacy of children, the teaching of local languages in schools, the Office of the Ombudsman, traditional laws in view of the rights of children and the role of the National Child Welfare Committee. One Expert asked specifically what the situation of pregnant girls in school was in Botswana in terms of stigma and what the State was doing in this respect.
A Committee Expert welcomed the event commemorating the Day of the African Child and asked what follow up was being taken by the Government to the concerns voiced by children at this event. On education, an Expert asked what the school enrolment rate and dropout rates were and what steps were being taken by the Government to keep children in schools.
Several Committee Experts echoed concern about the reservation submitted by Botswana on the definition of the child and encouraged them to withdraw it given the uncertainty as to what age a child had their rights guaranteed in various sectors. One Expert asked in particular what relevant legislation needed to be reviewed in order to withdraw the reservation on article one, as stated in the report.
Response by Delegation
In response to a question on Botswana’s reservation to article one of the Convention on the Rights of the Child, the delegation said the Government was close to reaching a decision to legally determine the definition of a child as any person who was 18 years or younger and a youth as any person between the age of 19 and 21. After this decision was taken, the Government would withdraw its reservation to the Convention.
In reaction to questions raised about customary law, the delegation said such laws were orally transmitted and through the Department of Social Welfare efforts had been made to educate local communities on modern methods of bringing up their children. The delegation added that customary law was not as commonly practiced as it had been in the past and that all courts in Botswana employed written law. In the event of civil cases at the local level, one could chose to take the route of the customary, traditional court; however any appeals went to a higher, non-traditional court. In response to a question, the delegation said local chiefs were involved in implementing the Convention and this was demonstrated by the example of the local workshops run by the central Government to educate locals about the Convention.
On the question pertaining to punishment, the delegation said that with the advent of the School of Industry, many problems had been solved in terms of boys in prisons. No person under the age of 18 had been executed in Botswana and it was not possible for any person younger than 18 to be sentenced to life imprisonment. Botswana was slowly moving away from all forms of corporal punishment, however when it was performed it was done in private and not in the presence of other school children, the delegation noted. Moreover, the State-run School of Industry, set up in 2002, was an institution where juvenile offenders were sent by judges. It offered training courses in different fields to enable these children to compete in the trade market and to reintegrate them back into society. The School had a capacity to house 100 male students. As a result, judges no longer sent juvenile male offenders to boys’ prison.
On the subject of the registration of births, the delegation said Botswana had decentralized the National Registration Offices to allow for local birth registrations throughout the country. A small fee was required for the registration of births.
In response to the questions raised on the budget, the delegation said the State’s budget was apportioned to the various ministries in the Government. Concerning the HIV/AIDS budget, the Government had invested $ 450 million in HIV/AIDS programmes nationwide and the budget had not been cut back. There were, however, limitations to the amount of resources available to deal with this issue.
The President of Botswana was personally committed to combating HIV/AIDS and, through various State-run programmes, the epidemic was starting to stabilize in the country, the delegation noted. The Government was advising pregnant women to attend the nearest maternal facility to give birth and also encouraged women who were HIV negative to breastfeed for at least six months. Women who were HIV positive were encouraged to provide formula for their babies. Concerning adolescent health, among other things, there were radio talk shows which enabled adolescents to learn more about issues affecting them, in particular HIV/AIDS. The Government was scaling up its health facilities to allow for additional sexual reproductive health matters to educate youth about AIDS and sexually transmitted diseases.
Concerning a question on children with disabilities, the delegation said children with disabilities in Botswana were integrated into mainstream schools. However children with special needs attended special schools to cater to these needs. The Government policy was to keep disabled children with their families as much as possible. The delegation acknowledged that more work was needed in the area of transportation for disabled persons.
Concerning education, the delegation said the school curriculum was neutral and not gender based and the Ministry of Education had set up a unit to provide guidance and counselling for school children to discuss matters concerning them. As for pregnant girls, they were allowed to continue with school and after leaving to give birth the girl was able to return to school provided that there was space in the class. Moreover, the girl was able to resume her studies where she left off before leaving the school.
In response to a question, the delegation affirmed that education in Botswana was free but not compulsory. The State did not have the capacity and resources to enforce compulsory education because of a lack of resources such as teachers and books to cater to all school aged children. Nevertheless, every child was allowed to go to school regardless of the family’s financial situation. The Government was continuing to persuade all children to go to school to afford them opportunities in the future. In response to a point raised by the Committee that some 70 per cent of children who attended primary school did not attend secondary school, the delegation said the Government did not have the capacity to guarantee that all children from primary school attended secondary education; this was by no means a factor related to the quality of the education system. Among other measures taken by the Government was the establishment of vocational training centres and distance learning colleges.
The National Plan of Action for Children had recently been evaluated to ensure that its coordination was well structured. The Government’s efforts to develop a successor National Plan of Action had resulted in the setting up of thematic groups on various subjects including HIV/AIDS and education.
For children who had lost parents, the delegation said emphasis was placed on day care facilities for these orphaned children. These orphans went to these day care centres to be fed and educated and then returned to their relatives at the end of the day. The SOS Children Centre was an example of a facility which was created by the Government to care for orphans who had no relatives to care for them. Orphans were a priority group when it came to HIV/AIDS action including treatment, prevention and education efforts. An objective of the Government was to decrease the number of households affected by HIV/AIDS as per the National Strategic Framework to combat the pandemic. The Hague Convention concerning adoption had not yet been considered by the Government as it had not been viewed as a priority issue, the delegation added. In response to a related question, the delegation said children in foster care were being monitored closely by the Government to make sure they were being looked after properly.
Concerning malnutrition, the delegation said this problem fluctuated in accordance with the seasonal droughts affecting the country; to combat this, Government-run feeding programmes had been instituted at primary schools.
On the subject of the illicit trafficking of children, the delegation said this problem did not exist in Botswana although a study had mentioned that Botswana had been used as a route for such activities. The Government had paid close attention to this phenomenon in light of the study.
A Committee Expert asked whether refugee children had access to health facilities along with other children in Botswana and if they were included in the anti retro-viral HIV programme. The delegation responded by saying that refugees in Botswana were cared for by the United Nations High Commissioner for Refugees and were located in areas where health facilities and education were provided free of charge.
On a question related to street children, the delegation mentioned that a study published in 2002 found that street children ranged in age between 5 and 18 years and the problem was more of an urban phenomenon. Among those children who took part in the study, just over 8 per cent had attended primary school and many had dropped out of secondary school. Moreover, they often took to the streets as a result of poverty. The delegation added that no State policy existed at present about street children but the Government was currently working with non-governmental organizations to deal with this problem to provide professional support.
In response to a question, the delegation said care and counselling was provided to victims of sexual abuse at hospitals and afterwards. The Government was developing a referral structure between the hospitals and the communities where several non-governmental organizations were providing counselling and support after victims were released from the hospital. Abortion in Botswana was illegal although when a child became pregnant as a result of rape, then abortion could be allowed, the delegation indicated.
Concerning youth and employment, the delegation said the Department of Youth and Culture had established a youth empowerment programme to get youth who were out of school into economic labour activities.
As per the “2016 vision” – when the country would be celebrating 50 years of independence, the delegation said the Government had hoped to customize the Convention to make it understood and practiced by all in Botswana.
Preliminary Remarks
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who served as rapporteur for the report of Botswana, said the Committee had learned much from the day-long dialogue and was happy to see the level of commitment demonstrated by the delegation. The reservation submitted by the Government of Botswana on the definition of the child was a matter of great concern and the Committee strongly encouraged the Government to withdraw the reservation as soon as possible. Moreover, the absence of disaggregated data on statistics was noted and the Committee encouraged the State party to look at this issue seriously. The Committee shared the State party’s concern related to discrimination faced by various groups of children, including street children and children born out of wedlock and said much more was needed to be done to create greater awareness and to provide adequate support for these groups. Concerning the question of corporal punishment, the Committee would be providing recommendations to ban this practice and to educate parents about alternative forms of discipline.
While recognizing the efforts taken by the Government on HIV/AIDS, the Committee would be making recommendations about additional steps the Government could take to deal with the pandemic. The Committee also noted the institution of the School of Industry to address the issue of youth offenders and would be making recommendations to the Government along those lines.
* *** *
Rights of the Child 16 September 2004
The Committee on the Rights of the Child today considered the initial report of Botswana on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report, Michael Tshipinare, Minister of Local Government of Botswana, said that Botswana had one of the highest HIV/AIDS prevalence rates in the world which caused a lot of pain and suffering to communities, especially to children. The Government has been implementing a Short Term Plan of Action for Orphans and had developed a data base which could track the number of orphans registered. To date, 43,063 orphans had been registered and have been assisted with food and other necessities.
Mr. Tshipinare said the establishment of the School of Industry had brought about significant improvements in the juvenile justice system in that the courts now had a place where they could commit juvenile offenders for rehabilitation and reintegration.
In preliminary remarks, Committee Expert Ghalia Mohd Bin Hamad Al-Thani, the Committee Expert serving as rapporteur for the report of Botswana, said the Committee shared the State party’s concern related to discrimination faced by various groups of children, including street children and children born out of wedlock, and said much more was needed to be done to create greater awareness and to provide adequate support for these groups. While recognizing the efforts taken by the Government on HIV/AIDS, the Committee would be making recommendations about additional steps Botswana could take to deal with the pandemic.
Other Committee Experts raised questions pertaining to HIV/AIDS, the State party’s reservation on the definition of the child, customary law practices, corporal punishment, education, street children and juvenile justice.
The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will conclude on 1 October.
The delegation of Botswana was also made up of representatives of the Ministry of Local Government, the Attorney General’s Office and the Permanent Mission of Botswana to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Botswana is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public session at 10 a.m. on Friday, 17 September, it is scheduled to hold a day of general discussion on “the implementation of the rights of the child in early childhood”.
Report of Botswana
According to the report (CRC/C/51/Add.9), there are administrative and institutional structures formulated by the Government of Botswana to facilitate the achievement and implementation of national child welfare policies and legislation.
The National Programme of Action for the Children of Botswana was instituted to ensure that children’s rights were placed at the centre of the development agenda. Among the Programme’s goals are to reduce malnutrition levels, promote early childhood development and improve the protection of children.
The Children’s Act defines a child as any person below the age of 14 years.
For purposes of the Adoption Act a child is a person under the age of 19 years. In Botswana no male below 16 years of age or female below 14 may marry and children below the age of 8 years are not criminally responsible for any act or omission in terms of the Penal Code. According to the Employment Act a child is defined as a person under 15 years of age and as such the employment of children is prohibited.
Family violence is widespread in Botswana and is often reported, but cases are frequently withdrawn before they reach the courts. One of the causes of this violence is early forced marriage of the girl child. Data indicate that Botswana has progressed in all major indicators of the well-being of children and women over the last 30 years. This was attributed to the Primary Health Care strategy. Tragically, however, Botswana has one of the fastest growing HIV infection rates and one of the highest HIV prevalences in the world, which has had a massive negative impact on children and women. According to a 1999 report, at least 28 per cent of the sexually active population (15-49) and 17 per cent of the general population are HIV-positive. The rates of HIV prevalence and mother-to-child transmission suggest that one in eight children is born HIV-positive. Sexual exploitation and the abuse of children are rapidly increasing in Botswana, despite the existence of legal mechanisms proscribing this practice and the stiff penalties that have been introduced. With the advent of the HIV/AIDS epidemic young children, especially young girls, find themselves vulnerable to sexual abuse for a variety of reasons, such as that they are considered unlikely to be HIV-positive.
There has been a reasonably well-developed system of education whereby both boys and girls have equal access to education although 1998 statistics show that girls tend to drop out due to pregnancy. This accounted for 3.1 per cent of dropouts of primary school (212 out of 6,942) and 39 per cent of those dropping out of secondary school (1,282 out of 3,287).
Introduction of Report
MICHAEL TSHIPINARE, Minister of Local Government of Botswana, said the Ministry brought together a Multi-sectoral Committee comprising of Government stakeholders, non-governmental organizations and community-based organizations in the preparation of the report as well as in generating responses. This was an indication of the commitment of Botswana in ensuring that child welfare issues were promoted and upheld by all relevant stakeholders and not just the Government, and indeed the best interest of the child.
The Minister drew attention to some of the developments which took place after the submission of the initial report, among them the upgrading of the Division of Social Services to the Department level and the elevation of the Child Welfare Unit to a Division. This was done in order to clearly define the functions of addressing children’s issues to enhance the Government’s capacity to implement the Convention. The functions of the Department included child protection, programmes for orphans and vulnerable children, rehabilitation of juvenile offenders and adoption. The aim of the State party was to enhance coordination and collaboration on issues of the child’s well-being, so that the collective efforts of all stakeholders in the implementation of the Convention could be realized. One of the major activities that the Department was engaged in was to revamp the National Child Welfare Committee.
Mr. Tshipinare said Botswana had one of the highest HIV/AIDS prevalence rates in the world which caused a lot of pain and suffering to communities, especially to children. The Government has been implementing a Short Term Plan of Action for Orphans and had developed a data base which could track the number of orphans registered. To date, 43,063 orphans had been registered and had been assisted with food and other necessities. Among the other steps taken was the establishment of the Masiela Trust Fund to raise funds for the care of orphans and to support the efforts of non-governmental organizations and community-based organizations that were looking after orphans. District AIDS Coordinators had also been appointed to bring HIV/AIDS into the centre stage of district development planning and enhance participation of all sectors in HIV/AIDS response programmes.
One of the emerging challenges was the need to provide adequate psychological care to AIDS orphans and in response the Government had set up the Multi Purpose Day Care Programme where community-based organizations offered day care services to orphans of pre-school and primary school ages. It was also the hope of the Government that the introduction of anti retro-viral therapy and routine testing would positively impact on the growth and survival of children as the life prolonging therapy would enable parents to live longer and thus care for their children.
Botswana was committed to improving access to education and health for children whose parents lived in remote areas, Mr. Tshipinare said. The establishment of the School of Industry had brought about significant improvements in the juvenile justice system in that the courts now had a place where they could commit juvenile offenders for rehabilitation and reintegration. Prior to this development, boys were often committed to the boys’ prison where rehabilitation programmes were not primarily designed in the best interests of the child. There had been improvements made in the training of police officers, the head of delegation added. These included training them on the Convention and other relevant instruments to sensitise them on issues of child protection.
In conclusion, Mr. Tshipinare expressed his Government’s hope that the instrument of accession to the Optional Protocol on children and armed conflict would be deposited with the Secretary-General of the United Nations at the end of September.
Discussion
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who served as Rapporteur for the report of Botswana, said although there were some areas of concern in the report that lacked some data, in general it was very good. She noted that Botswana was party to several conventions and international instruments and that it had signed the Optional Protocol of the Convention on the Rights of the Child on children and armed conflict and had acceded to the Optional Protocol on the sale of children, child prostitution and child pornography. Botswana had also acceded to key ILO conventions pertaining to child labour. However, Botswana was not party to any of The Hague International Conventions related to children’s rights and the Rapporteur asked the State party why this was so as well as for information on the reservation submitted by Botswana on article one of the Convention concerning the definition of the child.
Ms. Al-Thani asked for more information on the preparation of the report in general and to what extent had non-governmental organizations been involved. While commending the State party for its Ombudsman Act, she asked how the Office of the Ombudsman functioned. The Rapporteur asked what sort of social discrimination faced children with disabilities. After noting that capital punishment existed in Botswana, the Rapporteur asked if there was a possibility of life sentences for those below the age of 18. On the subject of corporal punishment, the Rapporteur asked if it was widespread in the school system.
The Rapporteur asked for more information on children with disabilities, in particular their participation in public life, access to public places and stigmas they were faced with. On health matters, she asked for additional information on what steps were being taken to assist pregnant women, given the high rate of maternal mortality, and on breastfeeding practices in the country.
Ms. Al-Thani noted that the focus on children affected by HIV/AIDS was not very visible in the State’s national HIV/AIDS policy to deal with the epidemic. In particular, she asked for clarification on the Government’s policy for the treatment afforded to non-nationals living with HIV/AIDS.
The Rapporteur also asked for additional information on reproductive health practices, mental health services and the rate of drug abuse in Botswana.
Another member of the Committee indicated that, according to reports, 40 to 50 per cent of children were not registered at birth and asked what measures the Government was taking to remedy this problem. Another Expert asked what the State-allocated budget was for children programmes and activities, in particular for children with disabilities.
A member of the Committee welcomed the strengthening of the District Councils to work better with HIV/AIDS but asked whether they had been strengthened to cover other areas within the Convention. She also asked the delegation to explain the decrease of mother to child transmission of HIV/AIDS. Other Experts asked for additional information on the consequences of HIV/AIDS on society in general and on budget allocations benefiting children.
Experts raised questions related to the teaching of religion in schools, the right to privacy of children, the teaching of local languages in schools, the Office of the Ombudsman, traditional laws in view of the rights of children and the role of the National Child Welfare Committee. One Expert asked specifically what the situation of pregnant girls in school was in Botswana in terms of stigma and what the State was doing in this respect.
A Committee Expert welcomed the event commemorating the Day of the African Child and asked what follow up was being taken by the Government to the concerns voiced by children at this event. On education, an Expert asked what the school enrolment rate and dropout rates were and what steps were being taken by the Government to keep children in schools.
Several Committee Experts echoed concern about the reservation submitted by Botswana on the definition of the child and encouraged them to withdraw it given the uncertainty as to what age a child had their rights guaranteed in various sectors. One Expert asked in particular what relevant legislation needed to be reviewed in order to withdraw the reservation on article one, as stated in the report.
Response by Delegation
In response to a question on Botswana’s reservation to article one of the Convention on the Rights of the Child, the delegation said the Government was close to reaching a decision to legally determine the definition of a child as any person who was 18 years or younger and a youth as any person between the age of 19 and 21. After this decision was taken, the Government would withdraw its reservation to the Convention.
In reaction to questions raised about customary law, the delegation said such laws were orally transmitted and through the Department of Social Welfare efforts had been made to educate local communities on modern methods of bringing up their children. The delegation added that customary law was not as commonly practiced as it had been in the past and that all courts in Botswana employed written law. In the event of civil cases at the local level, one could chose to take the route of the customary, traditional court; however any appeals went to a higher, non-traditional court. In response to a question, the delegation said local chiefs were involved in implementing the Convention and this was demonstrated by the example of the local workshops run by the central Government to educate locals about the Convention.
On the question pertaining to punishment, the delegation said that with the advent of the School of Industry, many problems had been solved in terms of boys in prisons. No person under the age of 18 had been executed in Botswana and it was not possible for any person younger than 18 to be sentenced to life imprisonment. Botswana was slowly moving away from all forms of corporal punishment, however when it was performed it was done in private and not in the presence of other school children, the delegation noted. Moreover, the State-run School of Industry, set up in 2002, was an institution where juvenile offenders were sent by judges. It offered training courses in different fields to enable these children to compete in the trade market and to reintegrate them back into society. The School had a capacity to house 100 male students. As a result, judges no longer sent juvenile male offenders to boys’ prison.
On the subject of the registration of births, the delegation said Botswana had decentralized the National Registration Offices to allow for local birth registrations throughout the country. A small fee was required for the registration of births.
In response to the questions raised on the budget, the delegation said the State’s budget was apportioned to the various ministries in the Government. Concerning the HIV/AIDS budget, the Government had invested $ 450 million in HIV/AIDS programmes nationwide and the budget had not been cut back. There were, however, limitations to the amount of resources available to deal with this issue.
The President of Botswana was personally committed to combating HIV/AIDS and, through various State-run programmes, the epidemic was starting to stabilize in the country, the delegation noted. The Government was advising pregnant women to attend the nearest maternal facility to give birth and also encouraged women who were HIV negative to breastfeed for at least six months. Women who were HIV positive were encouraged to provide formula for their babies. Concerning adolescent health, among other things, there were radio talk shows which enabled adolescents to learn more about issues affecting them, in particular HIV/AIDS. The Government was scaling up its health facilities to allow for additional sexual reproductive health matters to educate youth about AIDS and sexually transmitted diseases.
Concerning a question on children with disabilities, the delegation said children with disabilities in Botswana were integrated into mainstream schools. However children with special needs attended special schools to cater to these needs. The Government policy was to keep disabled children with their families as much as possible. The delegation acknowledged that more work was needed in the area of transportation for disabled persons.
Concerning education, the delegation said the school curriculum was neutral and not gender based and the Ministry of Education had set up a unit to provide guidance and counselling for school children to discuss matters concerning them. As for pregnant girls, they were allowed to continue with school and after leaving to give birth the girl was able to return to school provided that there was space in the class. Moreover, the girl was able to resume her studies where she left off before leaving the school.
In response to a question, the delegation affirmed that education in Botswana was free but not compulsory. The State did not have the capacity and resources to enforce compulsory education because of a lack of resources such as teachers and books to cater to all school aged children. Nevertheless, every child was allowed to go to school regardless of the family’s financial situation. The Government was continuing to persuade all children to go to school to afford them opportunities in the future. In response to a point raised by the Committee that some 70 per cent of children who attended primary school did not attend secondary school, the delegation said the Government did not have the capacity to guarantee that all children from primary school attended secondary education; this was by no means a factor related to the quality of the education system. Among other measures taken by the Government was the establishment of vocational training centres and distance learning colleges.
The National Plan of Action for Children had recently been evaluated to ensure that its coordination was well structured. The Government’s efforts to develop a successor National Plan of Action had resulted in the setting up of thematic groups on various subjects including HIV/AIDS and education.
For children who had lost parents, the delegation said emphasis was placed on day care facilities for these orphaned children. These orphans went to these day care centres to be fed and educated and then returned to their relatives at the end of the day. The SOS Children Centre was an example of a facility which was created by the Government to care for orphans who had no relatives to care for them. Orphans were a priority group when it came to HIV/AIDS action including treatment, prevention and education efforts. An objective of the Government was to decrease the number of households affected by HIV/AIDS as per the National Strategic Framework to combat the pandemic. The Hague Convention concerning adoption had not yet been considered by the Government as it had not been viewed as a priority issue, the delegation added. In response to a related question, the delegation said children in foster care were being monitored closely by the Government to make sure they were being looked after properly.
Concerning malnutrition, the delegation said this problem fluctuated in accordance with the seasonal droughts affecting the country; to combat this, Government-run feeding programmes had been instituted at primary schools.
On the subject of the illicit trafficking of children, the delegation said this problem did not exist in Botswana although a study had mentioned that Botswana had been used as a route for such activities. The Government had paid close attention to this phenomenon in light of the study.
A Committee Expert asked whether refugee children had access to health facilities along with other children in Botswana and if they were included in the anti retro-viral HIV programme. The delegation responded by saying that refugees in Botswana were cared for by the United Nations High Commissioner for Refugees and were located in areas where health facilities and education were provided free of charge.
On a question related to street children, the delegation mentioned that a study published in 2002 found that street children ranged in age between 5 and 18 years and the problem was more of an urban phenomenon. Among those children who took part in the study, just over 8 per cent had attended primary school and many had dropped out of secondary school. Moreover, they often took to the streets as a result of poverty. The delegation added that no State policy existed at present about street children but the Government was currently working with non-governmental organizations to deal with this problem to provide professional support.
In response to a question, the delegation said care and counselling was provided to victims of sexual abuse at hospitals and afterwards. The Government was developing a referral structure between the hospitals and the communities where several non-governmental organizations were providing counselling and support after victims were released from the hospital. Abortion in Botswana was illegal although when a child became pregnant as a result of rape, then abortion could be allowed, the delegation indicated.
Concerning youth and employment, the delegation said the Department of Youth and Culture had established a youth empowerment programme to get youth who were out of school into economic labour activities.
As per the “2016 vision” – when the country would be celebrating 50 years of independence, the delegation said the Government had hoped to customize the Convention to make it understood and practiced by all in Botswana.
Preliminary Remarks
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who served as rapporteur for the report of Botswana, said the Committee had learned much from the day-long dialogue and was happy to see the level of commitment demonstrated by the delegation. The reservation submitted by the Government of Botswana on the definition of the child was a matter of great concern and the Committee strongly encouraged the Government to withdraw the reservation as soon as possible. Moreover, the absence of disaggregated data on statistics was noted and the Committee encouraged the State party to look at this issue seriously. The Committee shared the State party’s concern related to discrimination faced by various groups of children, including street children and children born out of wedlock and said much more was needed to be done to create greater awareness and to provide adequate support for these groups. Concerning the question of corporal punishment, the Committee would be providing recommendations to ban this practice and to educate parents about alternative forms of discipline.
While recognizing the efforts taken by the Government on HIV/AIDS, the Committee would be making recommendations about additional steps the Government could take to deal with the pandemic. The Committee also noted the institution of the School of Industry to address the issue of youth offenders and would be making recommendations to the Government along those lines.
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