Extractive Industries
54. The Commission is concerned by the dearth of information provided in the Periodic
Report on key human rights aspects of extractive industries such as the extent of
guarantees of land and natural resource ownership for people living in territories
affected by extractive activities, tax implications, as well as transparency obligations
in relation to joint ventures, standards that guarantee reasonable revenue sharing
arrangements between national government and local authorities and the smooth
transition of communities affected by mine closure to reliance on other livelihoods.
Protection of the rights of indigenous populations/communities
55. The Commission is concerned by the absence of specific data related to the Basarwa
people on critical issues such as rates of unemployment, cases of gender based
violence, maternal mortality, TB prevalence, and the HIV prevalence rates.
Protection of the rights of LGBTI persons
56. The Commission is concerned by the absence of a regulatory framework to ensure
protection of individuals from discrimination and violence as a result of their actual
or imputed sexual orientation or gender identity.
V.
RECOMMENDATIONS
57. In view of the foregoing, the Commission makes a number of recommendations to the
Government of Botswana.
Reporting obligations and cooperation with the Commission
58. Botswana should:
i. Ensure that Periodic Reports to the Commission are submitted every two years in
terms of Article 62 of the African Charter;
ii. In the next Report, provide information on the specific issues which were deferred
during consideration of the Periodic Report.
Ratification of regional and international instruments
59. Botswana should consider ratifying the regional and international human rights
instruments which it is yet to ratify, including:
i.
ii.
The Protocol to the African Charter on Human and Peoples’ Rights on the rights
of women in Africa;
The Protocol to the African Charter on Human and Peoples’ Rights Establishing
the African Court on Human and Peoples’ Rights;
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