Communiqué

Botswana

The UN Committee on the Elimination of Racial Discrimination points
out discriminations against indigenous people, certain ethnic groups,
non-citizens, asylum seekers and refugees

Paris, Gaborone, April 25, 2006 - At its 68th session, from 20 February to 10 March 2006, the
Committee on the Elimination of Racial Discrimination (Committee) considered the 15th and 16th
periodic reports of Botswana on the implementation of the Convention on the Elimination of Racial
Discrimination (CERD). The Concluding Observations issued by the Committee on 21 March 20061 are derived in part from the main concerns expressed by DITSHWANELO in its shadow report2.

The Committee first regrets the lack of detailed information concerning the ethnic and linguistic
composition of the population of Botswana, an essential element to assess the implementation of
the CERD by the Committee as well as by the State authorities.

The Committee recommends to the authorities of Botswana that they review the constitutional
definition of discrimination as it does not explicitly prohibit discrimination based on descent,
national or ethnic origin and indirect discrimination. Furthermore, they ask for a review of the
exceptions to the prohibition of discrimination in relation to non-citizens and on the basis of ethnic
origin or tribe3 as they are not compatible with the CERD.

The Committee also points out the reluctance of Botswana to recognise the existence of
indigenous peoples and invites the State to review its policy accordingly. The Committee notes
with concern the situation of the San/Basarwa residing in the Central Kalahari Game Reserve
(CKGR) and the discrepancy between the information provided by the State and the residents of
CKGR concerning the forced character of their relocation. In that regard, the experts reiterate their
recommendations of 2002 to Botswana, to resume negotiations with the San/Basarwa of the
CKGR, including those who have already been relocated and non governmental organisations to
find a solution acceptable to all.

The Committee also expresses its concerns about the reported difficulties experienced by poor
people including non Tswana-tribes regarding their participation in political affairs and their access
to justice. They recall their General recommendation 31 (2005) on the prevention of racial
discrimination in the administration and functioning of the criminal justice system and recommends to Botswana to ensure full access to justice especially to the most disadvantaged groups by notably providing adequate legal aid and interpretation services.

The Committee acknowledges efforts made concerning education and the State party's willingness to provide primary education in the main mother tongues of non-Tswana tribes. However, it notes the difficulties experienced by children belonging to non-Tswana tribes notably because of linguistic barriers and the lack of reference to the history, culture and traditions of non Tswana tribes in the school curricula. The Committee therefore recommends that the State party implement its above policy in consultation with the concerned tribes notably in regions inhabited by non-Tswana ethnic groups.

The Committee highlights discrimination against non-citizens, asylum seekers and refugees. In
relation to those declared ‘prohibited immigrants’ by Presidential decree, the Committee urges that they be given an effective right to appeal before a judicial body. The Committee also recommends that asylum-seekers be detained only when necessary, for a limited period of time and in accordance with United Nations High Commissioner for Refugees guidelines. They urge that those who are refused refugee status are also given the right to an appeal before a judicial body. The Committee further notes with concern that refugees do not have access to the Antiretroviral therapy programme or the Prevention of Mother-to-Child Transmission of HIV programme in Botswana. They recommend that refugees are granted access to both of these health care programmes.

Furthermore, the Committee is concerned about the growing hostility and ill-treatment towards
immigrants, particularly Zimbabweans and about reports that some Zimbabweans have been illtreated by police officers. They recommend Botswana promptly investigates the complaints of illtreatment and provides adequate human rights training to its law enforcement staff.

FIDH and DITSHWANELO urge the authorities to fully enforce all recommendations made by the
Committee, to establish an independent national human rights institution and to invite the U.N
Special Rapporteurs on the situation of human and fundamental freedoms of indigenous people
and on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, to visit Botswana.

1 See the Concluding observations issued by the Committee
2 « Discrimination against Indigenous Peoples, Illegal Immigrants, Refugees and Prohibited Immigrants »,
6/03/2006, accessed at http://www.fidh.org/article.php3?id_article=3114
3 provided for Section 15 of the Constitution