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.
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