Committee on the Rights of the Child

Eighty-first session

13–31 May 2019

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues in relation to the combined second and third periodic reports of Botswana

Addendum

Replies of Botswana to the list of issues *

[Date received: 1 May 2019]

Contents

Page

Part I3

Part II13

Part III15

Annex18

Part I

Reply to question 1

1.The Social Welfare Division, which served as the coordination structure for social protection and welfare programmes was upgraded to a Department with an expanded mandate. This had the effect of upgrading the Units to Divisions, one of which was responsible for child protection.

2.Implementation of the Children’s Act is multi-sectoral and executed at different levels: local, district and national. The Child Protection Division runs with a complement of six (6) professionals with minimum qualification of Bachelors Degree. At the sixteen (16) Local Authorities, where most of the implementation is facilitated, there are designated professionals who coordinate social welfare activities, child protection being the biggest component.

3.Partnerships have been established with Civil Society Organisations (CSOs) with the requisite capacity to complement local level structures to, among other things, disseminate the Children’s Act and develop tools for facilitating social protection and capacity building interventions. Non-Governmental Organisations (NGOs) are therefore provided with annual subventions to facilitate continuous technical support.

4.The Children’s Act has been disseminated to professionals and key stakeholders who are direct implementers in all the sixteen (16) Local Authorities and their sixteen (16) Sub-Local Authorities. Training on other child related activities is done on a continuous basis as part of capacity building.

5.The Botswana Police Services, through the International Law Enforcement Academy has piloted some justice for children modules from the manual that was co developed with UNICEF Botswana country office.

6.In Botswana, children’s issues are budgeted for across various Ministries and sectors. In the Ministry of Local Government and Rural Development (MLGRD), funds for child protection interventions are disbursed through three (3) streams:

(a)The Child Welfare budget under which capacity building and training are facilitated;

(b)The Orphan Care budget which caters for provision of basic necessities to facilitate the child’s right to education, health, shelter or alternative care and others where the parents or guardians are unable to; and

(c)Annual subventions to NGO with which the MLGRD has an MoU are also budgeted for by the Government.

7.The Government of Botswana also fully supports the only residential facility for children in conflict with the law and one for orphans and other vulnerable children.

8.The budget breakdown for the coordination office for children and other social sectors is as contained in Table 1 of the attached annex. Table 2 depicts the overall development budgets for the years 2016–2019.

Review of Laws

Review of the Adoption of Children Act

9.Instructions on the drafting of the Adoption Bill are being finalised, while the process for ratification of the Hague Convention on Inter Country Adoptions is running concurrent with the review process.

10.The Penal Code (CAP 08:01)was amended in 2017 to provide for the following:

(a)Minimum penalties for offences of manslaughter, and attempted murder;

(b)New offences of hostage taking, possession of human flesh or remains and cannibalism;

(c)To align some provisions of the Penal Code with the Children’s Act by raising the legal age of maturity from 16 to 18 years; and

(d)Alignment with other anti-money laundering and counter terrorism policies.

11.The National Registration (Amendment) Act, 2017 CAP (01:02) has been passed. Section 6 of the Act empowers the Registrar to exempt an individual who fails to register within the prescribed period provided they have a reasonable excuse for not doing so. In this regard, all first applications for identity card are exempted from any penalty. This includes children who failed to register for national identity card at the age of 16 years and thereafter.

Reply to question 2

12.Different line Ministries implemented the National Plan of Action for Children (2006-2016). Monitoring of implementation was tied to NDP 9, culminating in the passing of the Children’s Act of 2009, Affirmative Action Framework for remote area communities of 2014 and the development of the National Plan of Action for Orphans and Vulnerable Children (OVC) to highlight and prioritise children at highest risk.

13.Botswana continues to prioritise children’s issues as evidenced by a recently completed situational analysis on OVCs. The results from the study are currently being used to inform policy and programming for children, especially OVCs. A draft of the envisaged OVC policy is in place and further consultations are under way.

14.A new National Children’s Council (NCC) was inaugurated on the 4th September 2018 to comply with Section 35 of the Children’s Act. The Council has been allocated financial and human resources through which its activities are being facilitated. A dedicated officer to serve as Secretary to the Council has been engaged.

15.Consultations on strengthening child protection structures including community based ones like the Village Child Protection Committees have been conducted. In this regard, the first intervention has been the capacitation of such Committees which had been established, and they have been continuously followed up and supported. As a result, the MLGRD has entered into an MoU with Marang Child Care Network Trust to capacitate District Child Protection Committees which will in turn support the local level structure. A draft child protection coordination protocol has also been developed to guide all stakeholders at district and community levels.

Reply to question 3

16.The overarching legal instrument that governs matters of procurement for Government is the Public Procurement and Asset Disposal Act which at Section 26 (g), puts a binding duty on all procuring entities to adhere to standards of inter alia integrity and fairness which would enjoy continuous public confidence in procurement and disposal processes. In the context of Local Authorities, the Local Authorities Procurement and Asset Disposal Act applies.

17.Government has a systematic budgeting process which entails allocation of funds to Ministries according to their respective mandates. There are set procedures through which government financial allocation and spending are regulated. In terms of social welfare provisions for the orphans and vulnerable children, the beneficiaries are provided with a smart card, loaded with a predetermined amount of cash, which they can use to purchase at any point of sale among the ones identified within a given locality. Beneficiaries may purchase food items and toiletry of their choice and at their own time.

18.The Affirmative Action Programme further provides for the enhancement of Remote Area Communities access to social services, poverty eradication initiatives and other national development programmes. Budgetary allocations for children in disadvantaged or vulnerable communities, including those in hard to reach areas and those affected by HIV/AIDS, are facilitated through decentralised planning processes across the country. Procurement processes at the local level are facilitated through the Local Economic Development Policy.

Reply to question 4

19.Section 14 of the Marriage Act prohibits the marriage of persons under 18 years. A person between the ages of 18–21 may marry with parental consent. It is however conceded that the Marriage Act does not regulate marriages contracted under customary law and religious marriages. Government has taken a position that the Act is in need of extensive amendments to address the current deficiencies in so far as they relate to religious and customary child marriages.

20.The Government of Botswana with the support of other stakeholders and development partners has facilitated dialogue with community leaders and the general in some parts of Botswana where harmful traditional practices affecting children may be an area of concern. For example, the identification of community child rights champions has been implemented as a way of engaging communities to participate in protecting their children against forms of abuse, exploitation and neglect, such as the “ e seng mo ngwaneng ” campaign.

Reply to question 5

21.Section 15 of the Constitution accords every person in Botswana protection from discrimination. It further guarantees civil, political and human rights for all people including children with different vulnerabilities. In dealing with issues of discrimination, Government has not only focused on equality before the law between men and women, but has also taken legislative measures to protect and promote the equality of the child before the law. In that regard, the Children’s Act (2009) introduced a Bill of Rights for all children in Botswana. Section 7(a) prohibits discrimination in the following terms:

[...] no decision or action shall be taken whose result or likelihood is to discriminate against any child on the basis of sex, family, colour, race, ethnicity, place of origin, language, religion, economic status, parents, physical or mental status, or any other status [...].

22.The Children’s Act mandates child participation in matters concerning their well-being. The law also requires that the father’s name, whether or not the child is born in or out of wedlock, should appear on the child’s birth certificate. In addition, the Act provides for the protection of children in difficult circumstances by placing them in alternative care and rehabilitating those that need to be. The inheritance rights of children are also protected under the Children’s Act as well as the right to know and be cared for by both parents, irrespective of the marital status of the parents.

23.The National Policy on Care for People with Disabilities promotes the integration of people with disability into the society and also recognises that care of people with disabilities is a continuous process requiring more family participation, community involvement and less institutionalisation. Government is however, at an advanced stage of finalising the National Disability Framework which includes the Revised National Disability Policy, National Disability Strategy and the National Disability Law which will facilitate accession to the United Nations Convention on the Rights of Persons with Disabilities. All these are envisaged to be considered and adopted by Parliament during its July 2019 sitting.

24.A Disability Public Education office has been established to lead and facilitate disability awareness activities for purposes of reducing stigma and discrimination, as well as improving social inclusion. Annual national, regional and international commemorations and other related capacity building and awareness initiatives are also facilitated under this office. In order to educate the public on issues affecting children with disabilities, the Coordinating Office for People with Disabilities has conducted a national campaign called Disability “Pitso” (symposium). Over and above these efforts, the Ministry of Basic Education conducted capacity building workshops on inclusive education and care of children with disabilities as follows:

•291 Heads of Department’s – Learning Difficulties;

•Thirty (30) pre-school teachers and hostel leaders three (3) on the 26th September 2018 in Local Authorities; and

•Political Leadership in two Local Authorities.

25.The Government of Botswana recognises the fundamental rights of all individuals as set out in Chapter 2 of the Constitution, including the right not to be discriminated against. Therefore, the HIV/AIDS policy prohibits any form of discrimination due to HIV status. The Botswana National Health Policy of 2011 aims for the attainment of universal coverage through a high-quality package of essential health services. In order to realise the objects of the Policy, an Essential Health Service Package has been developed to enable each child to reach his/her maximum potential within available resources, and to enable as many children as possible to reach adulthood with their potential uncompromised by illness, disability, environmental hazard or unhealthy lifestyle.

26.While Botswana has scored a human rights success with regard to the provision of ARV treatment to non-citizen prisoners, the Prevention from Mother-to-Child Transmission (PMTCT) programme is not yet fully available to foreign pregnant women. They are however provided with free HIV testing and psycho-social services while ARV’s are provided at a cost due to financial constraints. However, the Government is currently engaged in internal consultations on the matter. Refugees and asylum seekers are provided with free ARVs through Development Partners (PEPFAR) from 2010 up to September 2019. Currently the Government is working on a sustainability plan to cater for the period beyond 2019.

27.Government is working with Civil Society Organisations to provide psycho-social and peer support initiatives to children infected or affected by HIV/AIDS. MoUs have been entered into with CSOs to complement Government in these interventions. There are various multi-media programmes ranging from radio, TV, print and social media that are in place to create awareness on stigma and discrimination on HIV/AIDS.

Reply to question 6

28.Decisive measures have been put in place to create awareness through public campaigns, the most recent and popular one being the one with a tag line “ Eseng mo Ngwaneng ” spearheaded by the UNICEF country office in partnership with Government. Loosely translated, this means “touch not the child”. Community dialogues have been held with community leaders in different areas as a way of fostering community involvement in child protection. The main target is traditional leaders who command influence and authority and therefore influence opinions.

29.The Ministry of Local Government and Rural Development in partnership with Childline Botswana launched a toll free line intended to ease reporting and access to services for any child whose rights might be violated. The aim of the toll free line is to promote reporting of child abuse and facilitate intervention and reduce incidences of violence and violation of child’s rights. The two partners have also introduced a child-led radio call-in programme called “Kiddies Line” to facilitate real-time intervention on different issues of concern to them. In addition, the Ministry of Local Government and Rural Development runs weekly television and radio programmes that are broadcasted on national stations targeting different social issues including the protection of children.

30.In 2017 a child friendly child rights education booklet called “ Rati ” was published and has been widely distributed by the Department of Social Protection to teach pre-school children on matters of self-awareness as a way of preventing abuse by being able to identify it and how to handle abuse situations.

31.In 2018 Government domesticated Southern African Development Community (SADC) minimum package of services for psycho-social support for OVCs through partnership with Regional Psycho-social Support Initiative for Southern Africa (REPSSI). As a result, social workers in Local Authorities have been trained to provide psychosocial services to children.

32.Government in partnership with the University of Botswana developed Standard Operating Procedures in May 2017 in order to standardise case management. Child victims of abuse are referred to a Social Worker for psychosocial support and court preparation. This support is provided on a continuous basis; pre-trial, during trial and post-trial as well as referral to any specialised services where there is a need.

33.Children’s awareness on violence is ensured by infusing it in the school curriculum under the social studies, religious and moral education, and guidance and counselling. The Comprehensive Sexuality Programme that is offered in schools promotes the understanding of sexual violence for children. The guidance and counselling committees have been established in schools to support children on issues of sexual violence. The pastoral policy empowers Heads of Departments – Pastoral to provide information and support learners in cases of violence in collaboration with social workers.

34.In terms of training for professionals working with children, the Police College curriculum includes training on the Children’s Act, the Affiliation Proceedings Act and the Gender Based Violence Act to enable police officers to work well with other stakeholders and facilitate proper handling of children.

35.The Police conduct continuous tours of schools to teach children on relevant laws in order to assist them to identify offences against them and consequently seek help. As a crime prevention mechanism, the Police also educate children on all penal laws to make them aware so that they can cease and desist. The International Law Enforcement Academy (ILEA) also provides training on Trafficking in Persons and Child Exploitation. The course focuses on global trafficking in persons and includes an emphasis on smuggling activities. The course examines issues of exploitation, coercion for the purpose of sexual exploitation. The child exploitation portion of the course trains participants on the overview and profiles of child molesters, investigative internet tools and child pornography crimes.

Reply to question 7

36.In Botswana, corporal punishment is regulated in accordance with Section 90 of the Children’s Act of 2009; Education Act; and the Criminal Procedure and Evidence Act in terms of when it may be applied, by whom and how. This is meant to serve as a protective mechanism to avoid children being abused and the punishment being applied unilaterally. In case of wrongful application of corporal punishment; there are remedial measures available for redress. Meanwhile, Botswana is currently engaged in internal consultations to consider the total prohibition of corporal punishment in schools.

37.The Department of Social Protection has trained parents and caregivers on positive parenting framework comprising modules on Understanding Parenting (parenting responsibility, social rules and parenting styles) Understanding Children (their differences and temperaments) Learning Parenting Skills, Communication and Setting Limits, Discipline and Supervision (date) in order to promote positive and non-violent forms of childrearing and discipline. These workshops are part of awareness raising initiatives that educate parents on other ways of disciplining children and discouraging or regulating corporal punishment.

38.The Education and Training Bill of 2014 is being examined. It decentralises some of the functions of the running of education in the country, provides for the system and structure of education and training, right of the child to free education and training and prohibition of inhuman and degrading treatment, and the governance and management of basic education and training.

Reply to question 8

39.The Ministry of Health and Wellness (MoHW) through the national ARV programme provides antiretroviral therapy to all citizens of Botswana who are infected by HIV; this includes all children and adolescents. Treatment is initiated as soon as someone tests HIV positive. The Early Infant Diagnosis (EID) programme ensures that all HIV exposed babies are tested and diagnosed early to expedite their enrolment in to ARTs in case they are HIV positive. PMTCT volunteers conduct follow-ups of HIV exposed babies for testing at 6-8 weeks.

40.Government provides free HIV testing and psychosocial services to migrant children. Upon attaining middle-income status, donor-funding landscape for Botswana is considerably dwindling thereby making provision of free ARVs to migrant children a challenge. However, ARTs are available to migrant children at a cost.

41.All healthcare providers; Doctors, Nurses, Pharmacists and other cadres undergo a training on paediatric HIV care, MoHW also work with partners like Botswana Baylor Center of Excellence, a special paediatric health institution which not only provides care to children living with HIV/AIDS but also train healthcare providers on the provision of paediatric HIV care. For those infected or affected by HIV/AIDS comprehensive care and support including psychosocial care is provided.

42.Multimedia and community based campaigns has been accelerated to educate communities on the importance of testing and early enrolment. Communities are targeted without considering their race, nationality, religion etc basing on the basic ethics of health.

43.The Ministry of Health and Wellness has established youth friendly communication strategies, for example, “Wise Up” which is a social media platform for HIV prevention, Youth Counseling on Air which is a telephonic counseling service targeting youth; Silent Shout which is a talk show which focuses on sexually transmitted infections, HIV/AIDS knowledge and prevention and others. These campaigns are strategically crafted to address issues that are unique to both the boy child and the girl child.

44.Robust awareness campaigns for the refugee community, with a view to help advance HIV prevention and promote abstinence have also been developed and implemented.

45.To assess the impact of these programmes, a Botswana AIDS Impact Survey (BAIS) is periodically undertaken which assesses the incidence and prevalence of HIV and AIDS among different age cohorts. The HIV/AIDS incidence rate in 2008 was 1.45% and in 2013 was 1.35% reflecting a decrease in new infections and therefore indicating an overall positive impact from the implemented programmes. There are also complimentary studies conducted by other stakeholders such as Harvard and Botswana Baylor Centre of Excellence. Botswana Behavioural Youth Risk Surveillance Survey is also used to monitor the impact of these programmes.

Reply to question 9

46.The Ministry of Health and Wellness and the Ministry of Basic Education in partnership with Civil Society Organisations (CSOs) runs a Comprehensive Sexuality Education Programme which aims to empower children and adolescents with health information including Sexual and Reproductive Health and HIV prevention measures.

47.Youth friendly clinics provide integrated services with emphasis on sexual reproductive health services including mental health, access to modern and emergency contraceptives such as implants and the morning-after- pill and HIV testing and counselling services. To increase access to family planning, the policy is that adolescents are to be provided with family planning services and the necessary education, which also includes family-parent/child dialogues to enhance communication within the home setting.

48.The Ministry of Health and Wellness, the Ministry of Basic Education, the Botswana Police Service in collaboration with the US Government train health care workers, teachers and police officers on programmes of prevention and treatment of substance use, including tobacco and alcohol.

49.In terms of prevention a core course on Universal Prevention Curriculum which aims to address the need for knowledgeable and competent professionals working in the prevention field has been undertaken. The training is designed to meet the current demand for an evidence-based curriculum for substance use prevention that would complement the existing Universal Treatment Curriculum for Substance Use Disorders. The Universal Treatment Curriculum is designed to ensure that addiction practitioners develop a balanced perspective of the principles relating to both the science and art of addiction treatment. It is intended to enhance the knowledge, skills and competencies of addiction professional for the enhancement of service delivery and treatment outcomes.

50.Trainings that have already taken place for implementers include; family based prevention; school based prevention interventions; media based prevention; community based prevention implementation systems in eight (8) Local Authorities.

51.Interventions also include rehabilitation and counseling to provide life skills to make adolescents understand the effects of drugs and withdrawal.

52.The Ministry of Basic Education conducted the following:

•Boot Camps for one hundred and forty-nine (149) learners under the influence of psycho-active substance from 28th March–17th April 2019;

•Capacity building for forty-four (44) teachers on screening of psycho-active substance and crisis intervention from the 12th–13th March 2019; and

•Capacity building on psycho-active substance and crisis intervention has also been undertaken for thirty-four (34) school heads, one hundred and fifty (150) teachers and twenty (20) Parent Teacher Association members from the 25th -29th September 2017. All these are conducted to offer support to the child dealing with substance use.

Reply to question 10

53.Botswana provides free, universal ten (10) year basic education. However, at Junior and Senior Secondary School cost-sharing fee of 5% is levied on parents following a comprehensive means test.

54.In order to achieve universal access to relevant and quality education, the State Party implements the Inclusive Education Policy of 2011 which enables children to learn effectively, whatever their gender, age, life circumstances, health, disability, stage of development, capacity to learn or socio-economic circumstances.

55.The Ministry of Basic Education through the Department of Special Support Services has been mandated to implement inclusive education. Diagnostic assessment of learners with disabilities is carried out to determine their needs. Thereafter learners are placed either in the mainstream with teacher aides to assist them in schools with special education. Those with severe to profound disabilities are supported at home through a multi sectoral approach. Furthermore, to augment services offered by Government, Ministry of Basic Education provides subvention to Non-Government Organisations to ensure inclusiveness.

56.In hard to reach areas the Out of School Education for Children (OSEC) programme is provided to further promote access. Furthermore, satellite school and two teacher schools have also been established in such areas to overcome long distances and transport challenges.

57.The Early Childhood Care and Education (ECCE) policy of 2001 has been reviewed to adopt multi sectoral approach to provision of Early Childhood Development (ECD) services. A Remediation and Enrichment Strategy has also been developed to allow for early identification of learning disabilities.

58.The Ministry of Basic Education implements the Child Friendly School Policy and the Re-Admission Guidelines which allow for girls who fall pregnant to continue with school during and after pregnancy. Upon declaration of fitness by a medical doctor the girls are allowed back to school. The girls may be admitted to the same school or any other school whose proximity is more convenient for her to take care of the child.

59.Official statistics indicate consistently high drop-out rates due to pregnancy. Re-entrants are however lower, in comparison with the dropouts. It has to be acknowledged that there are some deficiencies in data collection and monitoring of re-entry rates of adolescent mothers. It is therefore a challenge to document the impact of these policies.

Reply to question 11

60.The Ministry of Employment, Labour Productivity and Skills Development (MELSD) is responsible for coordinating regular and periodic nationwide labour inspections. During the reporting period, labour inspections were carried out across the country.

61.Botswana regards the provision of education as an effective preventative measure to curb child labour practices. The enactment of the Children’s Act was also a significant commitment on the part of the Republic of Botswana to align and operationalise the Convention on the Rights of the Child (CRC). The Children’s Act, provides for the prohibition of child labour and advocates for the support of child victims through the following provisions:

62.Section 24 (1) Every child has a right to be protected against work and other labour practices which:

(a)Are inappropriate for a person of that child’s age; or

(b)Place at risk the child’s education, physical or mental health, or spiritual, moral or social development or well-being.

63.Section 24 (2) Any employment of a child as permitted by the Employment Act shall be for purposes of apprenticeship.

64.Section 24 (3) Any contract for apprenticeship shall be with the written consent of the child’s parent, other relative or guardian.

65.Section 24 (4) The duties of an employer towards an apprentice shall be to:

(a)Train and instruct the child in a trade, in accordance with such standards and conditions as may be prescribed, in order to impart such knowledge and skills as the child may use to his or her future benefit; and

(b)Provide a safe and healthy environment for the child, and to take responsibility for any harm that may come to the child in the course of the apprenticeship.

66.Section 24 (5) Every person who lawfully employs a child shall submit the records of such employment to the Ministry responsible for labour and if he or she fails to do so, shall be guilty of an offence and shall be sentenced to a fine of P10.000.

67.Section 24 (6) Any person who unlawfully employs a child shall be guilty of an offence and shall be sentenced to a fine of not less than P10 000 but not more than P30 000, or to imprisonment for a term of not less than 12 months, but not more than five years, or both.

68.To further reinforce the protection of children against exploitative practices, the Anti-Human Trafficking Act of 2014 was developed taking into consideration the provisions stipulated by the Children’s Act. The Anti-Human Trafficking Act of 2014 provides for sufficiently stringent and punitive measures against the perpetrators.

69.Part III (Prohibition of Trafficking in Persons) under Section 9 (2) and (4) prohibits the following:

(a)Any person who during the commission of the offence (Trafficking In Persons) under Section (1) subjects a person to slavery or forced labour; commits an offence and is liable to a fine not exceeding P1000 000 or to imprisonment for a term not exceeding 30 years, or to both;

(b)The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation shall be considered “trafficking in persons” even if it does not involve any of the means set out subsection (1).

70.In a bid to effectively operationalise the aforementioned provisions as prescribed by the Children’s Act and the Anti-Human Trafficking Act, the Ministry responsible for social welfare has ensured the following:

(a)Provision of basic education to children;

(b)Provision of basic supplies (sanitary pads, uniform, transport fares);

(c)Psychological counselling where applicable; and

(d)Facilitate employment opportunities for caregivers, parents etc.

71.The Anti-Human Trafficking Act of 2014 Section 18 provides for the following in support of Child Victims – a centre for child victims:

(a)Shall secure the physical safety of a child victim;

(b)Shall provide temporary basic material support for the care of a child victim;

(c)Shall offer a programme for:

(i)the provision of counselling to child victims; and

(ii)the provision of rehabilitation services to child victims; and

(d)Shall, in co-operation with the Ministry responsible for education, offer a programme aimed at the provision of education to child victims.

72.The Government established the Human Trafficking (Prohibition) Committee in line with Section 3 of the Act. The Committee is charged with the responsibility of determining policies giving effect to the objects and purposes of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons. In this respect, the Committee developed the Anti-Human Trafficking National Action Plan which in turn provides for the development of formal mechanisms to identify and refer child victims for appropriate assistance. Child victims are currently assisted using existing referral mechanisms for vulnerable children.

73.The Ministry which holds the mandate for Human Trafficking (Ministry of Defence, Justice and Security) and the Ministry responsible for social/child welfare, Ministry of Local Government and Rural Development (MLGRD), are working in concert with civil society and Development Partners to develop requisite referral procedures.

74.The Anti-Human Trafficking Act provides for the victims right to privacy and child friendly court proceedings under Part VI of the Act. Section 20 (2) states that “the court dealing with the trial of an offence under this Act, may after considering all circumstances and for the best interest of the parties, order that the trial be held in camera.

Reply to question 12

Statistical data of children in conflict with the law (in pre-trial detention and serving sentences in prison)

2017

No.	Age	Sex	Offence	Sentence	EDR	Nationality
1	17	M	Rape	4 years	06.11.19	Motswana
2	16	F	Absconding witness	Remand	Remand	Motswana
3	17	F	Murder	Remand	Remand	Motswana

2018

N o .	Age	Sex	Offence	Sentence	EDR	Nationality
1	17	F	Common assault Common nuisance Disobedience of Law orders	1 year	01.04.18	Motswana
2	18	M	Rape	10 years	04.02.25	Motswana
3	18	M	Stealing from a person	1 year	19.12.19	Motswana
4	17	M	House breaking*8 Stealing from a dwelling house *8	16 months	02.07.19	Motswana
5	18	M	House breaking	1 year	11.08.19	Motswana
6	17	M	Theft common	18 months	24.04.19	Motswana
7	18	M	Murder	High court Remand	Remand	Motswana
8	18	M	Robbery *4	Remand	Remand	Motswana
9	18	M	Murder
10	17	M	Robbery *2	Remand	Remand	Motswana
11	18	F	Theft common	Remand	Remand	Motswana
12	18	F	Idle and disorderly	Remand	Remand	Motswana

75.There is no child under the age of 18 who is serving sentence of life imprisonment in the period under review.

76.Only one (1) child was sentenced to corporal punishment in the period under review.

Segregation and Rehabilitation Programmes for Children in Conflict with the Law

•Male children in conflict with law are held separately from adults’ detention facilities at Moshupa Boys Prison. However, female children in conflict with the law are held in adult facilities as there is no facility currently for female;

•Convicted children in conflict with the law have access to various rehabilitation programmes which are geared towards transforming prisoners’ behaviour, attitude and emotional wellbeing. All the fifteen (15) convicted children serving imprisonment term were engaged in psychosocial programmes such as character moulding, psychosocial counselling and spiritual counselling.

77.Out of these, three (3) were further engaged in skills acquisition programmes i.e. brick moulding, carpentry and gardening.

78.There are currently no specialised courts for child offenders, however, the Children’s Act, under section 36 mandates establishment of the Children’s Courts which among others, shall hear and determine charges against children aged between 14 to 18 years and further provides that all magistrate courts shall serve as children’s courts.

79.In the absence of specialised courts the Administration of Justice ensures that court rituals are relaxed, for instance, uniformed officials wear regular clothing and that formal regalia used by judicial officers are set aside when dealing with children. Such court proceedings are also held in the chambers of the presiding judicial officer so as to soften the environment, making it more child friendly. Additionalmeasures implemented to facilitate effective protection of children in conflict with the law and better administration of juvenile justice include in camera hearings for cases involving children. Furthermore, only authorised officials and the parents are allowed inside the court room; the proceedings cannot be published, disclosing the identities of the child (Section 172 of the Criminal Procedure and Evidence Act and Section 93(1) of the Children’s Act).

80.Without exception all lactating mothers and their babies are by law and practice kept together. Upon determination by a social welfare office, the child may be placed in alternative care for the duration of the mother’s incarceration.

81.Sentencing options for juveniles in conflict with the law include:

•Probation for a period of not less than six months or more than three years;

•Committal to a school of industries for a period not exceeding three years or until he/she attains the age of 21 years;

•Community service for such period as the court considers appropriate;

•Corporal punishment; and

•Imprisonment.

82.The rehabilitation programme is mainly implemented at the Ikago School of Industries and Boys Prison which comes in the form of vocational training and psychosocial support services. The rehabilitation programme runs concurrently with reintegration as the institutions, specifically Ikago, maintains contact with the family of the child to prepare them for the child’s release.

83.Ikago is a low security child facility where children are placed upon conviction, therefore they are separated from adults. Children whose security may be compromised in the community or at the low security school of industries may be sent to the Moshupa Boys prison which accommodates young people aged between eighteen (18) and twenty one (21) years. With regards to pre-trial detention, it is only done where the child’s security is under threat and they are mostly detained at the Boys Prison. Otherwise most children await trial under the protection and supervision of their parents or guardians.

84.The committal of a child to either of the above named institutions is considered as a last resort as the preferred option is probation, which allows the parents/caregivers to support the child in a home environment as opposed to an institution which is often stigmatised and compromises family and community support.

85.There are no diversion programmes in Botswana. However, in recognition of the cultural practice of facilitating reconciliation, arbitration processes are used in some cases where the victim and the perpetrator may be facilitated to settle the matter between their families or upon payment of an agreed fine.

Part II

Reply to question 13

86.Penal Code Amendment Act was passed in 2018 to, among others, align it with provisions of the Children’s Act by increasing the age of maturity from 16 years to 18 years, set minimum penalties for the offences of manslaughter and attempted murder and introduce new offences of hostage taking, possession of human flesh, body parts or human remains and cannibalism.

Sexual Offences Bill

87.The envisaged law came about because of the 1st Meeting of the 4th Session of the 11th Parliament where a motion was adopted as a Definite Matter of Urgent Public Importance that Government should consider creating a Sex Offenders Registry and ban sexual abuse offenders from working in institutions dealing with children and other vulnerable persons, including persons with disabilities.

88.In order to facilitate the creation of a Sexual Offenders Registry, a law is needed to regulate administration of the register and go into detail on the protection of children and other vulnerable persons against sexual abuse and violation. The Bill will address all sexual offences under a specific and targeted piece of legislation and will facilitate the creation and administration of a number of preventative and protective measures.

89.Drafting instructions have been sent to the Attorney General’s Chambers and a consultative workshop has also been held with all stakeholders to incorporate all views.

Anti-Human Trafficking Amendment Bill

90.The objective of the Bill was to criminalise smuggling and insert new definitions to comply with the identified Eastern and Southern African Anti-Money Laundering Group gaps.

Ombudsman Act: CAP 02:12 Act No. 5 of 1995

91.The Act is being reviewed to broaden the Ombudsman’s mandate by conferring on it the responsibility to protect and promote human rights.

Change of Name Act, 1968

92.The law is currently under review to consider, among others, regulation of the number of change of names and granting of powers to the Registrar of Births and Deaths to assess and effect a change of name where the name of an individual is deemed to be derogatory or demeaning, as provided for in the Children’s Act.

New Institutions

Human rights institution

93.A national symposium on the establishment of a hybrid National Human Rights Institution was held from 20-21 November 2018 in Gaborone. The outcomes of the symposium with recommendations made are still being considered for implementation.

Programmes and Action Plans

The Education and Training Sector Strategic Plan (ETSSP) 2015–2020.

94.The strategy is currently being implemented with a view to identify unique capabilities of learners and channel them into areas where they can perform and reach their full potential. This entails the adoption of an Outcome Based Education System with the introduction of the Education Pathway Model, offering different pathways to learners at senior secondary level.

National Strategy towards Ending Gender Based Violence in Botswana by 2020

95.The national Gender Based Violence multi-sectoral response takes cognisance of the urgent need to protect, ensure respect and fulfilment of human rights especially for women and girls, and other vulnerable groups such as persons with disabilities.

Anti Human Trafficking National Action Plan (2018-–2021)

96.Botswana developed the Anti-Human Trafficking National Action Plan (2018–2021) with the express intent of promoting and facilitating comprehensive, coordinated and consistent responses, at the national, regional and international levels to effectively combat trafficking in persons. The Plan is in line with the objects and purposes of the United Nations Global Plan of Action to Combat Trafficking in Persons. In this respect, the Plan is premised on the internationally recognised 4P Paradigm to combating trafficking in persons. The 4P Paradigm advises and guides that in order for governments to make any meaningful and successful actions geared to combat Trafficking in Persons (TIP), and then the national action plan must take into account all activities related to enhancing Prevention, Prosecution, and Protection with particular emphasis on establishing key Partnerships at national, regional and international levels. Botswana’s Anti-Human Trafficking National Action Plan is being implemented through collaboration with multiple stakeholders.

97.The Ministry responsible for the anti-human trafficking agenda, the Ministry of Defence, Justice and Security, has in addition reserved USD 400 000 to be used in implementing key parts of the Plan for the financial year (FY) 2019/20.

New Ratifications

98.Ratification of treaties is a process that requires thorough consultations with the citizenry, key stakeholders, and most importantly our legislative and executive branches of Government for approval.

99.Botswana has ratified five (5) of the nine (9) United Nations treaties on human rights; Convention on the Rights of the Child (CRC), Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), International Covenant on Civil and Political Rights (ICCPR), International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

100.Botswana has also ratified other treaties relevant to children such as the Convention concerning Forced or Compulsory Labour, United Nations Convention Against Transnational Organized Crime, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

Part III

Reply to question 14

101.Budgets for children are not ring-fenced and segregated accordingly. There are however programmes in different social sectors that are dedicated to children only and are accordingly budgeted for. For most sectors, children are subsumed in the general budget.

102.Refer to Table 1 for budgets by sector and Table 2 for overall development budgets from 2016 to 2019.

Reply to question 15

(a)There are no records on child marriages as the Marriage Act outlaws child marriages. Customary and religious marriages are not documented, hence the non-availability of any data on them;

(b)All children born in the territories of Botswana are registered and given birth certificates. No data is available on foreign nationalities and undocumented migrant children;

(c)Information on cases of abuse and violence against children was not available;

(d)Please refer to Tables 3–7 for statistics on teenage pregnancies and re– enrolment rates;

(e)Information on drug and alcohol abuse by children not available;

(f)information on children working in the informal sector is not available;

(g)Please refer to Table 8 information on child victims of trafficking. No cases of child abduction were reported.

Reply to question 16

(a)Information on children separated from their parents is not available, but those placed in alternative care, away from parents are documented under the response to (b) below;

(b)Please refer to Table 9 for information on children placed in institutions;

(c)Please refer to Table 9 for information on children placed with foster families;

(d)Please refer to Table 9 for information on children adopted domestically and inter-country.

Reply to question 17

103.Programming in Botswana does not consider ethnic origin as a basis for accessing service. As a result, ethnicity is never documented at any point of service. The Remote Area Development Programme is the only one through which positive discrimination towards people living in hard to reach areas is exercised:

(a)Information on the total number of children with disabilities living with their families is not available;

(b)Please refer to Table 10 for information on children with disabilities placed in institutions;

(c)Please refer to Table 11 for information on children with disabilities attending regular primary schools;

(d)Please refer to Table 11 for information on children with disabilities attending regular secondary school;

(e)Please refer to Table 12 for information on children with disabilities attending special schools;

(f)Information of children with disabilities who are out of school is not available; and

(g)Information of children with disabilities who are out of school is not available.

Reply to question 18

104.Offences committed by children include common theft, house breaking, bar/store breaking and theft, robbery, unlawful wounding and causing death by dangerous breaking. Some of the children were committed at the School of Industries as children because they are in need of protection:

(a)Information on number of children in conflict with the law who have been arrested is not available;

(b)There are no diversion programmes in Botswana;

(c)Please refer to the response to question 12 above for information on children in pre-trial detention;

(d)Please refer to the response to question 12 above for information on children serving a sentence and Table 13 for information on children at the School of Industries; and

(e)No children were sentenced to corporal punishment.

105.Majority of documented children in conflict with the law are Batswana, with one Zimbabwean national who was placed on remand in the year 2018.

106.Regarding committal periods, they range from 6 months to 3 years, with varying periods for those placed in the institution on remand basis.

Reply to question 19

107.New data, new policies, laws, strategies and frameworks are provided in the Annex.

Reply to question 20

108.The protection of the most vulnerable children, including children on the move, children in street situations and those in squatter camps as well as those at risk of hunger. This is all in line with the Sustainable Development Goals which promote equity and reaching out to those who are furthest behind.

Annex

Response to the list of issues in relation to the Convention on the rights of the child Botswana

Table 1 Budget Allocations for Children – Department of Social Protection

No .	Programme	Programme objective	Financial year budget allocation
2016/2017	2017/2018	2018/2019
1.	Orphan Care		281 529 040	234 054 440	220 083 500
2.	CSO Grants	Subventions to child service Non Governmental Organisations	3 946 000	3 946 000	3 946 000
3.	Child Welfare and Protection	Capacity building and information dissemination on child protection	500 000	500 000	500 000
4.	Juvenile Justice	Support to the School of Industries operations	857 055	869 660	867 160
5.	Residential Care	Support to MpuleKwelagobe Children ’ s Centre operations	857 055	869 660	867 160
Total	287 689 150	240 239 760	226 263 820

Other social sector budgets – education and health

Sector	Budget components	Budget
2018/19
Education •Primary School Backlog Eradication •Basic Education – pre primary, primary, secondary education, special education	Construction and maintenance of structures payment of utilities, books, equipment, maintenance of facilities, food supplies in secondary schools, as well as other education-related commitments, including teachers’ salaries and allowances.	P634.27 million (28.2% of MLGRD budget) P7.97 billion (17.7 percent of total MoBE
Health •various programmes and projects	HIV/AIDS approved interventions such as the Treat All strategy, personal emoluments, drugs, medical specialist fees, ARV therapy and Government’s contribution to Botswana Public Officers Medical Aid Scheme.	P7.54 billion(16.7 percent of MoHW budget)
2017/18
Basic Education	payment of utilities, books, equipment including equipment for special education, maintenance of facilities, food supplies in secondary schools, as well as other education-related commitments, including teachers’ salaries and allowances.	P6.80 billion (17.2 percent of the total Ministerial Budget)
Health	Provision of; drugs, dressings vaccines, anti-retroviral therapy, replacement of obsolete medical equipment, and the implementation of the Treat All Strategy for HIV/AIDS.	P6.59 billion or 16.6 percent of the total Ministerial Budget
2016/17
Education and Skills Development	Teaching services’ wage bill, postsecondary bursaries, and subventions to University of Botswana and other Government funded tertiary institutions, increased enrolment for the Botswana International University of Science and Technology, provision for examination costs, maintenance of institutional facilities, food for secondary school students, and utility costs for the various education facilities.	P10.64 billion (28.8 percent of the total Ministerial budget)
Health	Drugs, dressings and vaccines, service charges, anti-retroviral therapy, replacement of obsolete medical equipment, medical specialists’ fees, running costs for the new Teaching Hospital, and the establishment of the Medicine Regulatory Authority.	P5.75 billion(15.5 percent of total Ministerial budget)

Table 2 Overall Development Bu dgets per Financial Year in BWP

Financial Year	Development Budget
2016/17	P36.99 billion
2017/18	P39.66 billion
2018/19	19.31 billion 19 310 000 000

Table 3 2017 Primary drop-outs

	Standard
	1	2	3	4	5	6	7	Total
Pregnancy	0	0	0	0	3	12	6	21

Table 4 2017 Re-entrants

	Standard
	1	2	3	4	5	6	7	Total
Pregnancy	0	0	1	0	0	2	3	6

2015 Primary dropouts

	Standard
	1	2	3	4	5	6	7	Total
Pregnancy	0	1	0	0	4	8	12	25

Table 5 2015 Secondary dropouts

	Form 1	Form 2	Form 3	Form 4	Form 5	Form 6	Total
Pregnancy	49	101	209	230	223	0	812

Table 6 2017 Secondary dropouts

	Form 1	Form 2	Form 3	Form 4	Form 5	Form 6	Total
Pregnancy	47	75	144	181	167	17	631

Table 7

	Form 1	Form 2	Form 3	Form 4	Form 5	Form 6	Total
Pregnancy	11	41	75	131	97	0	355

Table 8 Child Victims of Trafficking

Year	Total	Sex	Age range
M	F	0 – 5	5 – 10	10 – 15	15 – 18
2016		-	-	-	-	-	-
2017		-	-	-	-	-	-
2018	12	4	8	2	2	2	6

Table 9 Children in Alternative (institutional) Care/Foster Families/Domestic and Intercountry adoptions

Year	Total Recorded	Inter-country	Local	Total Recorded	Children Separated from their parents	Children Placed in institutions	Children Placed with foster families	Total recorded
M	F	M	F	M	F	M	F	M	F
2016	76	2	4	33	37	70	Information not available		229	252			3
2017	69	4	6	19	40	59		229	257			1

Table 10 Children with Disabilities placed in NGO ’ s

No .	Name of NGO	Enrolment No.	Preschool Enrolment No.	Girls	Boys
1	BanabaMetsi School	51
2	Francistown Centre For the Deaf Education	58	11	34	35
3	Ramotswa Centre For the Deaf Education	87	11	48	39
6	Rankoromane School	56	-	25	31
7	MotsewaBadiri Training	31		17	14
8	Legodimo Youth Training	53	30	25	28
9	Lephoi Centre For the Blind	43		16	27
10	Mochudi Resources Centre
11	Motswedi Rehabilitation Centre	67	18	Boys = 11 Girls = 7

Table 11 Children with disabilities attending regular primary and secondary schools

Type of Disability	Year	Total Recorded	Living with family	Living in institution	Attending regular Primary School	Attending regular secondary school	Attending special schools	Out of school	Abandoned by family
M	F	M	F	M	F	M	F	M	F	M	F	M	F
	2016	1 924					946	662	155	129	62	61
	2017	2 085					1 043	687	210	135	68	73
	2018	2 438					1 251	754	248	185	77	70

Table 12 Children with disabilities attending schools

No .	Name of NGO	Enrolment No.	Preschool Enrolment No.	Girls	Boys
1	BanabaMetsi School	51
2	Francistown Centre For the Deaf Education	58	11	34	35
3	Ramotswa Centre For the Deaf Education	87	11	48	39
6	Rankoromane School	56	-	25	31
7	MotsewaBadiri Training	31		17	14
8	Legodimo Youth Training	53	30	25	28
9	Lephoi Centre For the Blind	43		16	27
10	Mochudi Resources Centre
11	Motswedi Rehabilitation Centre	67	18	Boys=11 Girls =7

Table 13 Number of Children at the School of Industries

Year	Total (cumulative)	Sex	Age range
M	F	14 years	15 years	16 years	17 years	18 years
2016	4	4	0	0	0	0	2	2
2017	12	12	0	2	0	0	2	8
2018	19	19	0	0	2	1	3	13

Additional statistical information

Table 14 Learners with special education needs assessed from 2003 to 2019

2003	2004	2005	2006	2007	2008	2009	2010	2011	2012
1 227	1 260	853	181	485	1 038	1 418	880	968	860

2013	2014	2015	2016	2017	2018	2019	2020	2021	2022
1 295	1 017	1 370	906	1052	2 438	1 059

Table 15 Enrolments Trends of learners with SEN and statistics of Learners Assessed and placed in different educational settings

Disability	# special school/ Units/resource class	2014	2015	2016	2017	2018	2019	Increase/ decrease
ID	36	1 228	1 239	1 311	1 412	1 705	1 652	293
HI	7	309	341	2 4 6	269	280	289	11
VI	4	190	186	181	167	141	144	-28
LD/IE Setting	5 JSS	-	-	186	237	312	498	75
Total	1 727	1 727	1 766	1 924	2 085	2 438	1 059	353

Table 16 Number Offences of 15 – 19 year olds by Sex of Accused, 2014

Offences	Number	Gender
M	F
Attempts/threats to murder, assaults, harassments and related offences	4	4	-
Burglary and related offences	9	9	-
Controlled drug offences	1	1	-
Damage to property and to the environment	11	11	-
Dangerous and negligent acts	10	10	-
Fraud, forgery and false instrument offences	-	-	-
Homicide offences	5	4	1
Offences against government, justice procedures and organisation of crime	9	7	2
Offences not elsewhere classified (NEC)	4	4	-
Public order and other social code offences	-	-	-
Road and traffic offences (NEC)	11	7	4
Robbery, extortion and highjacking offences	6	6	-
Sexual offences	18	15	3
Theft and related offences	21	21	-
Weapons and explosives offences	-	-	-
Total	108	99	9

Table 17 Total number of cases by 15 – 19 age group of accused and type of Plea – 2014

Plea	Not stated	Guilty	Not applicable	Not guilty	Reserved	Total
Number	1	11	9	28	19	68