be financed through the Victims of trafficking Fund23. The Centres and the Fund
are yet to be established.
3. PROHIBITION OF TORTURE, CRUEL, INHUMAN AND DEGRADING
TREATMENTS
Section 7 of the Constitution of Botswana provides that “no person shall be
subjected to torture or to inhuman and degrading punishment or other treatment.”
In its endeavour to ensure that there is no torture or inhuman or degrading
punishment in schools, the Ministry of Education and Skills Development has
come up with a draft Education and Training Bill (2014). Section 14(1) thereof
provides that “a learner shall not be subjected to torture and cruel, inhuman and
degrading treatment or punishment, in any manner, whether physical, emotional
and psychological.”
(a) ELIMINATION OF ALL FORMS OF HARMFUL TRADITIONAL
PRACTICES
Botswana has undertaken legislative measures to prohibit and eliminate all forms
of harmful social, cultural, religious and traditional practices. In particular,
Section 62, (subject to Section 61(3), and Section 90 which allow corporal
punishment as prescribed by the law) of the Children’s Act, 2009 prohibits harmful
social, cultural and religious practices which are detrimental to a child’s wellbeing.
In terms of Section 62(2), a child shall not be subjected, by any person, to a forced
marriage; a child betrothal; genital mutilation or female circumcision; or any other
cultural rite, custom or tradition which may inflict physical, emotional or
psychological pain or harm to the child, or otherwise violate or endanger his or her
bodily integrity, life, health, dignity, education or general well-being.
Section 62(3) further provides that, “unless it is in the interest of the child, no
person shall circumcise a male child except where:
(a) The circumcision does not expose the child to any harm and does not conflict
with any regulations made under this or any other Act;
23
See Chapter VII of the Act (Articles 27, 28 and 29). The sources of funding are clear and they
include the State, through the Parliament and proceeds from crimes confiscated of forfeited
proceeds of crimes.
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