xii. xiii. The International Covenant on Economic, Social and Cultural Rights and its Optional Protocol; and The Convention on the Rights of Persons with Disabilities and its Optional Protocol. Adoption of legislative or other measures to give effect to the African Charter 39. The Commission is concerned about the delay in: i. ii. iii. iv. v. Review of the Ombudsman Act to confer a human rights mandate on the Office of Ombudsman; Review of the Prisons Act relating to visitation rights; Enactment of a law a on the rights of persons with disability; Enactment of the Bill on Declaration of Assets; and Enactment of the Education and Training Bill. CIVIL AND POLITICAL RIGHTS Equality 40. The Commission is concerned that despite the constitutional guarantees of equality, participation of women in the public sector has not significantly improved. Death Penalty 41. The Commission is concerned: i. That the death penalty is retained in Section 25 of the Penal Code; ii. That during the period under review, Botswana carried out five (5) executions; iii. That the clemency procedure is opaque, and that clemency decisions are not provided to the prisoners in time for them to notify their lawyers or family, nor provided to lawyers and family members. Prohibition of torture, cruel, inhuman and degrading treatment 42. The Commission is concerned about: i. The lack of a regulatory framework on torture which specifically criminalizes torture, prohibits the admission of evidence obtained through torture, ensures that victims of torture and other ill-treatment, their families, witnesses and those conducting investigations are protected, and guarantees the right of victims of torture and other ill-treatment to redress; ii. The retention of corporal punishment as a non-custodial sentence, as provided in Section 25 of the Penal Code; 12