Botswana’s reservation on the Convention against Torture (CAT), is based on the fact that our national laws do not recognise corporal punishment in schools and prisons as torture, cruel and inhumane treatment or punishment. At present, corporal punishment is treated as a non-custodial sentence. However, despite the current position of the law, it is worth mentioning that there is currently a 2014 draft Bill on Education and Training which prohibits corporal punishment and makes it a criminal offense liable to a fine not exceeding P2 000 or to imprisonment for a term not exceeding one year or both. 9. Undertake a declaration accepting the competence of the African Court on the establishment of the African Court on Human and Peoples’ Rights Court under Article 34 (6) of the Protocol to the African Charter The Government takes note of this recommendation and will therefore give it due consideration. 10. Moratorium on the death penalty (question of the death penalty). Information on the actions taken by Botswana to abolish death penalty. Botswana is yet to make a determination as to whether it retains, places a moratorium or abolishes the death penalty. During the Second Cycle of the UPR in 2013, the Government of Botswana accepted to undertake dialogue on the Question of the Death Penalty. Once the formalities of this dialogue are finalised, the Government may enlist the input of the Commission’s Working Group on the death penalty. During the period under review, Botswana carried out 5 executions as shown in the table below. Year Number 2010 1 2011 Nil 2012 2 2013 1 2014 Nil 10. Information on action taken to balance the President’s Powers in relation to some human rights issues. At the moment Botswana has no plans to subject Presidential Powers as derived from section 47(2) of the Constitution to judicial control. 20 | P a g e

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