COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF BOTSWANA

The Committee on the Elimination of Discrimination against Women has considered the combined initial to third periodic report of Botswana on how that country implements the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

Introducing the report, Boometswe Mokgothu, Permanent Representative of Botswana to the United Nations Office at Geneva, said that the report was the result of a wider consultative process that engaged various stakeholders. Botswana had undertaken several legislative, judicial, administrative and other measures to give effect to the provisions of the Convention, including the review of 15 laws that had negatively affected women’s status; an amendment of the definition of “discrimination”, bringing the Constitution in line with the definition of the Convention; and the removal of the concept of marital power through the abolition of the Marital Power Act of 2004. There were also ongoing efforts to sensitise the custodians of the principles of culture and customary practices in an effort to eliminate harmful practices that affected women’s development. A woman had also been appointed speaker of the National Assembly, for the first time, but election of women into political positions remained a challenge that required rigorous efforts. In conclusion, Mr. Mokgothu reaffirmed that Botswana was politically committed to implement all articles of the Convention on the Elimination of Discrimination against Women, which would provide the basis for strengthening social harmony and cohesion in Botswana.

Questions and issues raised by Experts during the interactive discussion included what plans Botswana had to bring all its laws in line with the Convention; what measures had been taken to make the contents of the Convention widely known among the population; whether the Government had plans to establish a national human rights institution, mandated to deal with gender based discrimination; whether there were plans to reinforce the Ombudsman Office; what had been undertaken to facilitate women’s access to courts; whether the Government considered providing free legal services to women; and why the Department for Women’s Affairs had not yet been transformed into a Ministry. Experts further asked whether there was any policy programme aimed at achieving women’s de facto equality in public offices; why there was so much resistance in doing away with traditional beliefs and practices that infringed women’s rights; whether statistics could be given on the nature and magnitude of violence against women; whether the existing law that criminalised human trafficking used the same definition as the Palermo Protocol; and whether prostitution was legal or illegal.

In concluding remarks, Mr. Mokgothu thanked the Committee for its efforts and said that Botswana looked forward to the Committee’s concluding remarks. The delegation also regretted that several of the invited Experts from Botswana could not be present today to give more specific answers.

Also in concluding observations, Naela Gabr, Committee Chairperson, said that there was a need for strengthening the national machinery for women’s rights in Botswana. Deep-rooted traditions were present in all countries but it was necessary to aim and tackle their negative impact in order to allow women to enjoy their rights. In conclusion, it was hoped that the final recommendations of the Committee would be shared with the Government, Parliament, civil society, the media and society at large.

The delegation of Botswana also included representatives of the Ministry of Foreign Affairs; the Women’s Affairs Department; and the Permanent Mission of Botswana to the United Nations Office at Geneva.

The next meeting of the Committee will be on Monday, 1 February 2010 at 10 a.m., when it is scheduled to consider the combined fourth to seventh periodic report of Panama (CEDAW/C/PAN/7).


Report of Botswana

The combined initial, second and third periodic report of Botswana (CEDAW/C/BOT/3) notes that Botswana, recognizing the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, commissioned a review of all laws affecting the status of women in Botswana in 1998. The report recommended amendments to several national laws to align them with the Convention and various laws, including the Penal Code, the Employment Act, the Marriage Act, and the Citizenship Act, have since been amended. These amendments have significantly contributed to policy measures leading to women’s empowerment socially, economically and politically, and to the balancing of power relations and equity in decision-making under the jurisdiction of the Common Law. As for women’s role in political and public life, while there are no legal restrictions on women to stand for any elected public office, the reality is that there are many gender-related factors limiting women’s advancement in political and all aspects of life, particularly in power-sharing and decision-making. However, the President has the prerogative of nominating four “specially elected” members of Parliament, and in the last general elections the President appointed three women out of the four Specially Elected Members to Ministerial positions.

In many homes in Botswana, and particularly in rural areas, the inequality of the girl child in comparison to the boy is reinforced in the allocation of responsibilities and expectations starting from childhood. The Government thus continues to support public education, awareness creation, and social programmes intended to remove socialization practices that disadvantage women and in particular the girl child. The Ministry of Education has taken cognizance of gender imbalances in education and is currently preparing an “Equal Opportunities Policy” that should facilitate the promotion of equality of learning opportunities and eliminate any existing potential discrimination among students on the grounds of race, ethnic origin, religion, sex, marital status, disability, age, social status or location. A “re-admission policy” has also been adopted, to allow girls who drop out of school due to pregnancy to return to school after a period of six months. With regard to health issues, the report notes that the HIV/AIDS epidemic is gender biased: women are more vulnerable to infection than men, and they bear the burden of care. Sometimes girls are even withdrawn from school to take care of sick relatives or siblings. The Government has therefore established several programmes, including prevention services; care, support and treatment; support for interventions that mitigate the impacts of HIV/AIDS; counselling, routine testing, blood safety; and food baskets. In addition, the Ministry of Health aims at increasing male involvement and participation in sexual and reproductive health matters in order to increase their knowledge and reduce transmission of HIV/AIDS and other sexually transmitted infections and to combat gender-based violence. Regarding the latter, while there is currently no provision for marital rape in the laws of Botswana, the Government provides financial and technical support to initiatives that offer assistance to victims or survivors of violence.

Presentation of Report

BOOMETSWE MOKGOTHU, Permanent Representative of Botswana to the United Nations Office at Geneva, introducing the report, said that the document was the result of a wider consultative process that engaged various stakeholders. The report also took into account the Committee’s previous recommendations, since the work of the Experts was viewed as an important catalyst for the promotion and protection of women’s rights.

Botswana had undertaken several legislative, judicial, administrative and other measures to give effect to the provisions of the Convention, and a few initiatives could be mentioned here. Since Botswana’s ratification of the Convention, efforts had been made to identify laws that discriminated against women. In doing so, the definition of the word “discrimination” in Botswana’s Constitution had been brought in line with the definition of the Convention. Furthermore, a total of 15 laws that had negatively affected women’s status had been reviewed, including the Marriage Act, the Marriage Property Act and the Penal Code Act. The concept of “marital power” had also been removed through the abolition of the Marital Power Act of 2004. Nevertheless, some discriminatory legislation remained and had yet to be addressed, including that on the customary laws, on property, inheritance, civil actions, the dissolution of marriages and rights of the child.

There were also ongoing efforts to sensitise Ntlo ya Dikgosi, the custodians of the principles of culture and customary practices in Botswana. That was key to eliminating harmful practices that affected women’s development.

Turning to women’s participation in Botswana’s political life, Mr. Mokgothu was pleased to report that a woman had been appointed speaker of the National Assembly, for the first time, which was a great achievement indeed and the importance of that position in Botswana’s democracy could not emphasized enough. Among the 61 members of the National Assembly, there were 4 women Cabinet Ministers. Nevertheless, election of women into political positions remained a challenge that required rigorous efforts and Botswana would therefore continue its work on this issue.

As for violence against women, Mr. Mokgothu said Botswana had made significant progress thanks to the adoption of the Domestic Violence Act of 2008, which had facilitated the collection of disaggregated data by the police on cases of rape, murder, defilement, incest and threat. Gender-based violence nevertheless remained a serious threat to the attainment of gender equality in Botswana, and the Government was focusing on the creation of more intersectoral collaboration between legal, medical, social and psychological service providers to address that issue.

Mr. Mokgothu also noted that the Government only embraced change if it carried the will and aspirations of the people of Botswana. Therefore, the law still criminalized same-sex sexual activity, since Botswana’s population viewed that as immoral and the current traditional system and beliefs did not provide room for consideration of such a way of life.

Regarding the situation of persons with disabilities, Mr. Mokgothu said that while Botswana had not signed the Convention on the Rights of Persons with Disabilities, major progress had been made in addressing the concerns and challenges of that group of people, including the establishment of a Council on Persons with Disabilities to provide a forum for the coordination of relevant activities.

In conclusion, Mr. Mokgothu reaffirmed Botswana’s continued cooperation with the Committee; his Government was politically committed to implement all articles of the Convention on the Elimination of Discrimination against Women, which would provide the basis for strengthening social harmony and cohesion in Botswana and ensuring its advancement in the process of development.

Questions by Experts

Among questions and issues raised by Committee Experts was why it had taken Botswana so long to report to the Committee; what plans Botswana had to bring all its laws in line with the Convention; and whether the Convention could be directly invoked by judges in their decisions. Furthermore, what measures had been taken to make the contents of the Convention widely known among the population, including by translating it into local languages and making it a part of the school curricula? Committee members further wished to know whether the Government had plans to establish a national human rights institution mandated to deal with gender based discrimination.

It seemed very difficult for women to access courts because of the deeply entrenched mentalities that rendered women very shy, Experts noted. In that regard, what action had been taken to encourage women to bring their claims to court? Other questions by Experts included whether women were represented in the House of Chiefs; whether steps had been taken to revoke the cautionary rule that made it almost impossible for women victims of rape to seek justice; and whether there were plans to reinforce the Ombudsman Office, which was weak, understaffed and lacked financial resources. Experts also asked for statistics on the number of cases the Ombudsman had dealt with so far.

Response by Delegation

Responding, the delegation said that the delay in reporting to the Committee was not due to neglect, but rather to more practical reasons, including a lack of resources and high staff turnover rates. In future, reports would be submitted in a more timely manner.

As for conflicts between customary law and legislation, the delegation underscored that the Constitution was the overall law of the country, and not a single law, including customary law, superseded it. While the customary law seemed to include much that was discriminatory, that was due to the traditional elements and the different traditional communities in Botswana’s society. It was very difficult to convince those of the need to respect women’s rights as stipulated in the Convention.

Normally, it was not planned that legislation was amended on an ongoing basis. However, when revising legislation, the House of Chiefs would be consulted. Concerning the Ombudsman, he had significant powers and was in permanent contact with Parliament, which had to take into consideration the Ombudsman’s recommendations. The delegation further explained that in order to integrate the provisions of the Convention and the Optional Protocol into Botswana’s legislation, this had to be considered by Parliament. The content of the Convention had been translated into local languages and discussed among key target groups, including Parliament, public officials and the population more largely.

Concerning women’s access to courts, that might in fact be an issue, the delegation agreed, as women could not always pay for the costs. While at present no initiative had been implemented to financially support women victims, the Government’s strategy “Vision 2016” took that issue into account. The delegation added that the Government had also undertaken broad consultations to look into the possibility of establishing a national human rights institution.

Questions by Experts

In a second round of questions and comments, Experts asked why the Department for Women’s Affairs had not yet been transformed into a Ministry, given acknowledged weaknesses in that structure, particularly its lack of authority on policy matters. In that connection, what mandate, tools and financial resources had been given to the Department as it was at present, and what was its relationship to the media and civil society? With regard to the draft National Gender Policy, how had the previous experiences with the women-and-development approach been integrated into the consideration of the draft, and what was the timeframe for the policy’s implementation? As for the Botswana National Council for Women, more information was requested on the manner in which it made recommendations to the Government, and how those recommendations were followed up.

Response by Delegation

Responding to those questions, the delegation said that the Department of Women’s Affairs indeed continuously worked with the media and civil society, and that a small fund was administered for the benefit of selected non-governmental organizations that supported its work. The Government had considered transformation of the Women’s Affairs Department into a Gender Ministry; but the Government of Botswana was very small – comprising merely 20 Ministries – and the establishment of further Ministries would require more financial resources. In view of that situation, a solution might be to place the Department under the aegis of the Labour and Home Affairs Ministry instead.

While the National Council for Women had been established as a watchdog to advise the respective Minister on what happened on the ground in order to enable him to take appropriate action, the Council’s mandate was currently being reviewed, as the institution needed further expertise. The delegation added that all lessons learned had been integrated into the draft National Gender Policy.

Questions by Experts

In a further series of questions and comments, Experts asked, among others, whether there was any policy programme aimed at achieving women’s de facto equality in public office. And were there any plans to increase the number of women in the judiciary more particularly, as well as at communal levels of decision-making? Experts also wished to know whether there were any concrete examples how the Government intervened to encourage the private sector to apply temporary special measures, and how judges were educated and qualified.

Response by the Delegation

The delegation responded that, while there had been a draft Bill aimed at facilitating women’s participation in politics through introducing provisions for specially elected members, the motion had not been accepted by Parliament. Further, while the delegation could not explain why there were no more women in the Court of Appeals, there were several women judges at the High Court. While women remained underrepresented at certain levels in the judiciary, they were better represented at the Magistrate level. Furthermore, since activity in the legal system was well compensated and work on gender stereotypes had been intensified, including in schools, there was hope that women would be better represented in the future. In fact, in higher government positions more generally, women occupied 44 per cent of posts. Things had changed with time and many people had recognized the importance of involving women in a wide range of issues. There were even women leading groups of men in the army.

Questions by Experts

In a further series of questions and comments, Experts asked, among other things, why there was so much resistance in doing away with traditional beliefs and practices that infringed women’s rights. There was a need for serious commitment from the Government in that regard. Article 15.4 of Botswana’s Constitution, which clearly was not in compliance with other sections of the Constitution, also needed to be repealed. On the issue of widows and the mourning practice, Committee Members were of the view that it was medieval to stigmatize women when they lost their husbands by forcing them to put on particular dresses. What specific measures had the Government implemented to eliminate, or at least reduce, such harmful practices?

Response by the Delegation

The delegation said that, although the Government and civil society had made great strides in tackling stereotypes, the issue of widow stigmatization indeed continued to some extent, as it was so deeply entrenched in Botswana’s culture. However, there was increasing awareness among women, and many widows now refused to put on that particular widow dress. The media was, however, lagging behind regarding some of those women’s issues, including on femicide. For that reason, journalists had been targeted in gender training since they could play an important role in leading the population to understand the issues at stake.

The Government had also made progress in tackling traditional beliefs infringing women’s rights, which was among the reasons why women were today also represented in the police and the army, along with other typically male-dominated professions, the delegation added.

Questions by Experts

In a further round of questions, Committee Members noted that Botswana was both a source and a transit country for human trafficking, and asked whether the existing law that criminalized human trafficking used the same definition as the Palermo Protocol. On prostitution, as there was no legal definition of that matter, could the delegation explain whether prostitution was legal or illegal in Botswana? Also, given the very limited information in the report on these areas, did the Government have plans to conduct studies on the issues of prostitution and human trafficking?

Response by delegation

Responding to these questions and issues, the delegation confirmed that prostitution was illegal and would not be tolerated in Botswana. These were sensitive issues that did not take place openly, and it hence took time to tackle that issue directly. In a related point, the delegation noted that the Government was sincerely committed to tackling poverty. That included the provision of possibilities for sustainable livelihoods, which evidently contributed to combat prostitution.

As to human trafficking, although not much progress had been made on that issue, that was an offence under Botswana’s legislation. Furthermore, despite the absence of specific convictions for trafficking in persons, there was an ongoing debate on the issue and it was hoped that there would be legal action in the near future.

Further Questions by Experts

In further questions, Experts asked whether statistics could be given on the nature and magnitude of violence against women. How many shelters for victims were there in Botswana, and were they also available for rural women? Moreover, did the Government consider providing free legal services, since women, particularly from rural areas, faced significant difficulties in accessing the courts? Committee Members also asked whether the forthcoming national human rights institution would also be given a mandate to eliminate violence against women, and whether the delegation could provide a better picture of the Ombudsman’s activity regarding gender discrimination.

Following-up on cultural practices discriminating against women, Experts said that the Government needed to roll up its sleeves and take that issue seriously. Had cultural and religious leaders been involved in sensitization efforts on cultural practices discriminating against women, and had women who refused to follow the traditional widow practices been stigmatized? As to international support, women were at the heart of efforts to tackle HIV/AIDS pandemic, but were they prioritized enough in other matters?

Response by Delegation

Responding to the question of international support, the delegation said that there had been partnerships with several United Nations agencies in which women were indeed given significant consideration.

The delegation was of the view that women who did not wish to practice the traditional widow mourning were not significantly discriminated against and that that custom had actually been falling off. As to women’s access to justice, every person whose rights had been infringed could report to the police or other Government agents. Those were available throughout the country and there had indeed been many women who had reported their cases.

On violence against women, recent years had seen an increase of the number of reported cases, which was the result, inter alia, of the sensitization activities that had been conducted. Nevertheless, the Government continued working on that issue and had in place an integrated approach to combat gender-based violence. Currently only two shelters for victims of violence existed. The Government was of the view that this was insufficient, and it would thus assist any non-governmental organizations that planned to establish more shelters.

Questions by Experts

In a further round of questions and comments, Committee Members further noted that participation of women in the formulation of Government policies and development policies at all levels was one of the key rights of the Convention. However, the situation in Botswana was far from this ideal; there were only 4 women compared to 58 men in Parliament, which was an unfortunate fact. Particular efforts also needed to be made regarding women’s representation in the justice system. Did the draft Gender Policy therefore include any temporary special measures to accelerate the participation of women in political and public life? Men particularly needed to understand the importance of women’s involvement; a society that succeeded was one which included women in all spheres. Could the delegation elaborate on any awareness-raising actions targeting political parties and the media on this matter? Committee Members further said that women wishing to stand for election faced significant problems of poverty and lacking political will.

Response by Delegation

Responding to these and other questions, the delegation said it hoped that the explanations provided earlier on the small number of women in Parliament and in municipalities would mostly cover the questions asked. Adding to what had already been said, the delegation noted that it shared the Committee’s concern on this issue which was among others due to the fact that currently the quota system to advance the status of women in this field had not been implemented. There was however some training for women participating in elections to familiarise them with campaigning strategies, media relations and to prepare them to the stereotypes they might encounter. Nevertheless, it was evident that a candidate needed money for effective campaigning. For example, transportation costs to establish contact with local populations needed to be made, which however also applied to male candidates. Moreover, the fact that political campaigning required some money was not considered a major issue since in some countries bankrupt candidates were even banned from running for a seat in Parliament. As to the election of judges, the delegation said that a candidate needed to apply for a position and that every applicant was given equal consideration.

Questions by Experts

In a further round of questions and comments, Committee Members said, with regard to women’s right to education, that the report only provided general enrolment rates although net enrolment rates would have been desirable. This should be included in the next report in order to provide a better understanding of the situation, along with illiteracy rates and female drop-out rates for all stages of education. The causes for female drop-outs also did not seem to have been investigated. This should urgently be done in the future, especially to find out why were drop-outs particularly high in vocational training? On non-formal education, what was its content and whom had it been provided to? As to the functional guidelines that were based on the re-admission policy, did they in fact facilitate return to school following teenage pregnancies, Committee Members further asked. As for private sector scholarships, did the Government have any plans in place to remedy the fact that more men seemed to benefit from this measure?

Response by Delegation

Responding, the delegation said that the only criterion for female drop-outs to return to school was to provide a doctor’s certificate attesting good health. On the question on non-formal education, the delegation said that this had been provided to children who had not attended primary school in order to enable them access to the secondary stage of education upon examination, and non-formal education in Botswana also existed in the form of distance learning.

Questions by Experts

In a further series of questions and comments, Experts said that there were several concerns on gender equality in employment, including that Botswana had ratified the International Labour Organization Conventions 100 and 111 but that equal pay was still not achieved and discrimination in the labour market was still widespread. Further, what had been undertaken to change legislation in the private sector to ensure more gender equity? As to women entrepreneurship, Botswana had implemented a number of programmes, but alternative reports suggested that the results had not been very encouraging. How did women de facto benefit from these programmes? Committee members further said that while every person could apply for the position of a judge, as indicated by the delegation, answers needed to be sought on why there had not been more female applicants, and how this could be encouraged in the future. Experts also noted the lack of information regarding the situation of women in the labour market and encouraged the Government to seek technical assistance in this regard.

Response by the Delegation

Responding, the delegation said that there had been equal pay for equal work, particularly in the public service, and that Botswana thus respected the obligations resulting from the ratification of the respective International Labour Organization conventions. The Department of Labour and Social Security further regularly made inspections and all complaints were investigated. The delegation would however discuss this issue with the relevant mandate holders in Botswana. As for maternity leave and sexual harassment, the delegation said that this was not a problem in the public sector and that a policy on sexual harassment was in place. Concerning women judges, encouraging girls to choose hitherto male-dominated subjects at university was certainly a measure that contributed to increase the number of women applicants for such posts.

Further Questions by Experts

In a further series of questions and comments, Experts noted that the rate of HIV-infection remained high among women although there had been a decline in the overall prevalence. What measures had the Ministry of Health taken to tackle this issue? And how effective had the programme that tackled maternal mortality been, how long was it planned to be continued, and did it also reach rural women? More work needed to be done to identify the reasons for the large-scale issue of maternal health. In fact, needs-based support to women could have allowed avoiding many of the problems noted in the report. Experts also noted that unsafe abortion seemed to remain an issue, and that more exhaustive analysis, including determination of the exact causes, as well as comparison among the rural and the urban areas, should be done. Causes might for example include the fact that men had insufficient knowledge in terms of sex education. What had Government undertaken in that regard?

Experts further asked for the number of women suffering from mental health disorders following gender-based violence, and what psychosocial services were available for victims. Committee members also regretted that the provided data had been insufficiently broken down by ages and areas which made it difficult to evaluate the implementation of the Convention. Further, what steps had the Government taken to reduce the rate of unsafe abortion, including measures to avoid early and unwanted pregnancy? And what had it done to ensure that all women could access appropriate post-abortion services, Experts further asked, also requesting information on the measures taken to ensure that women were not subjected to abuse by practitioners during that process? What training had been provided to health personnel on post-abortion services, Committee members further asked? Did sex workers have access to health services, particularly in rural areas?

Response by the Delegation

Responding, the delegation said that health care in Botswana had been extended to all women and health facilities were available throughout the country within a 15 km radius from where somebody lived at the most. Furthermore, all programmes that had been carried out by the Ministry of Health had been reviewed just recently to evaluate their gender-sensitivity. Sex workers also benefited from this and condoms were available in bars, hotels and other places. The delegation acknowledged the existence of undesired pregnancies and HIV/AIDS and said that these were two problems that went hand in hand. This was however tackled by the Government by employing social workers and psychological support personnel, among other measures. There were also public sensitization and awareness-raising activities that targeted the population as a whole regarding women’s rights in the field of sexual reproduction.

Further Questions by Experts

In a further round of questions, Committee Members said that they had received information according to which women needed to obtain their husband’s consent to apply for bank loans. As this was highly discriminatory against women, what measures had the Government undertaken in this regard and how were micro-credits managed? Furthermore, what was the situation regarding self-employed women, and how were elderly women provided for? And could the delegation comment on reports that access to education was obstructed by the obligation to pay school fees?

Response by Delegation

Responding to these questions and others, the delegation said that while school fees would be maintained, this was certainly not among the causes for school drop-outs since mechanisms were in place to support poor families and the Government paid school fees for certain students if necessary. On women’s loan applications, the delegation said that it was no longer true that women needed to obtain their husband’s consent; this had been one of the issues remedied by the amendment of the legislation on marriage.

Further Questions by Experts

Asking further questions, Experts said that female-headed households suffered more from poverty than male-headed households, and that unemployment was overrepresented in rural areas. Did the Government have a comprehensive poverty reduction strategy that took this situation into account, and what was the delegation’s evaluation of how past programmes had improved the situation in rural areas? On disability, the main kind of disability in Botswana was blindness; what were the reasons for this, was it because many people were working in mines, and what had been done to tackle this issue, the delegation further asked. Committee members also said that many domestic workers had been suffering from low wages and that 22 per cent of this population segment was affected by HIV/AIDS. Did the Government have any policies and programmes in place to improve this situation? And what efforts had been undertaken to allow equal gender access to productive forces, financial and technical services? Further, did the Government promote greater involvement of women in the labour market, and if so, how?

Response by Delegation

Responding to these questions and others, the delegation said that women’s involvement in the labour market had recently been facilitated by opening up several professions, including in the mines. Further, grants had been administered by the Women’s Affairs Department to facilitate women’s access to the labour market, particularly that of rural women. As for the poverty reduction strategy, the delegation said that this was currently reviewed as Botswana recognized that women were indeed hardest hit by poverty, adding that efforts were underway to identify how women could best be supported. Turning to women with disabilities and blindness, the delegation did not know details about the specific causes but asserted that particularly vulnerable groups of women, including this segment, had been given particular attention. On rural women, the delegation said that in 1975 an accelerated rural development plan had been launched and that today this matter was covered by the current National Development Plan which encompassed rural development. The situation of the rural areas was much better now than before; currently there existed more than 10,000 kilometers of paved roads and many classrooms had been built for rural children.

Further Questions by Experts

Asking further questions, Experts asked whether the delegation had updates on the review of the marriage laws and whether steps had been taken to look into the possibility of consolidating the various laws on marriage into a single law? And could the delegation provide information on the magnitude and measures taken against child marriage and polygamy?

Response by Delegation

Responding to these questions and others, the delegation said that the minimum age for marriage was 18 and defilement acts applied for children under the age of 16. As for polygamy, although this practice had been dying off in Botswana, the Government would continue its sensitisation activities on this matter. The delegation further explained that bank staff had been informed of the abolition of marital power and sensitized on the resulting changes. Therefore, for those cases where the partner was still consulted when considering a loan application, this was done irrespective of sex; in fact, in such cases, husbands also needed their wives’ consent.

Concluding Remarks

In concluding remarks, BOOMETSWE MOKGOTHU, Permanent Representative of Botswana to the United Nations Office at Geneva, thanked the Committee for its efforts and said that Botswana looked forward to the Committee’s concluding remarks. The delegation also regretted that several of the invited Experts from Botswana could not be present today to give more specific answers.

Also in concluding observations, NAELA GABR, Committee Chairperson, said that there was a need for strengthening the national machinery for women’s rights in Botswana. Deep-rooted traditions were present in all countries but it was necessary to aim and tackle their negative impact in order to allow women to enjoy their rights. In conclusion, it was hoped that the final recommendations of the Committee would be shared with the Government, Parliament, civil society, the media and society at large.


For use of the information media; not an official record

CEDAW10/012E