(a) Exploring the possibility of adopting reformative measures to incorporate
parental participation in the discipline and punishment of the child while
abandoning acts that degrade and dehumanize the child. Public debates on
corporal punishment were initiated with the support of UNICEF-Botswana
Country Office through the media and the Kgotla system. Influential persons, such
as the former Minister of Local Government and Speaker of the National Assembly
engaged traditional leaders and communities on the importance of other alternative
ways of disciplining children with antisocial behaviours.
(b) Drafted the Education and Training Bill, 2014, which is a re-enactment of the
Education Act (Cap. 58:01) with amendments. The Bill, among others, is as a result
of the Children’s Act, which compels the Education Act to be amended to ensure
that the rights of the child are adequately catered for. Section 14 of the Bill
prohibits administration of corporal punishment in school in the following terms,
“a learner shall not be subjected to torture and cruel, inhuman or degrading
treatment or punishment, in any manner, whether physical, emotional or
psychological”.
We regard to corporal punishment in prisons, consultations are ongoing within the
Ministry of Defence, Justice and Security (MDJS) on a possible revision of the
legislation regarding the functioning of the Prisons in Botswana.
5. There is no organ that is mandated to look into human rights violations.
Steps are being taken to confer the human rights mandate to the Office of the
Ombudsman. To this end, the Government of Botswana has embarked on
benchmarking missions to the Commission on Human Rights and Administrative
Justice (CHRAJ) of Ghana from 24 September to 2 October 2015 and to the
Commission for Human Rights and Good Governance (CHRAGG) of Tanzania
from 7 - 11 March 2016.
6. Information on the recognition of economic, social cultural and environmental
rights in the Constitution of Botswana.
Socio-economic rights in Botswana are not judicially enforceable to the extent that
they are not provided for in the Constitution. Those rights are not granted by the
Botswana in its present form.. That said, other pieces of legislation take cognisance
of these rights and among others, seek to protect them as follows:
Economic Rights:
Even though economic rights are not explicitly provided for in the Constitution,
the Acquisition of Property Act (Cap 32:01), read together with the Sections 3, 8
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