REPLY BY BOTSWANA 34TH SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS

The government of Botswana wishes to express its gratitude to the government and People of The Gambia for hosting this session. We wish to congratulate the new Commissioners and look forward to their invaluable contribution to the work of the Commission.

Botswana is known throughout the region for its impeccable record of democracy and respect for human rights. We concede we have not submitted any report to the African Commission on Human and Peoples' Rights. This is due to capacity constraints. I am pleased to inform this august house that the Government of Botswana has recently been working with the Southern African Human Rights Trust (SAHRIT), based in Zimbabwe in an endeavour towards producing numerous reports as required by various conventions. I wish to state, however, that we have nothing to hide. At times there is nothing to write about. Good news is not news.

Death Penalty

Every person charged with a capital offence has the right to legal representation. This is a right guaranteed by the constitution. Indigent accused persons are provided with pro deo counsel and these are paid by the government. Accused persons are first tried in the High Court. Upon conviction they can appeal to the Court of Appeal which has often upheld some appeals and dismissed others. Once an appeal is dismissed convicts are required to invoke the prerogative of mercy from the President. Convicts have had to make representations, through their legal representatives. I wish to add that some counsel have delayed in submitting their representations in an endeavour aimed at buying time. There has to be finality in every case.

Ditshwanelo, the Botswana Centre for Human Rights has previously succeeded in an application for a stay of execution in one case. This, despite the fact that the case had been dismissed by the Court of Appeal and that the President had signed the death warrant. The High Court in that case ordered a retrial. The government has complied with the court's ruling, another example of the respect for the rule of law and the judiciary. It's interesting that Ditshwanelo has dealt with the prerogative of mercy only. They have sidelined the main criminal due process.

Indigenous Peoples in Botswana

The situation of the San (Basarwa) has of late been topical. These are Basarwa living around the Central Kgalagadi Game Reserve (CKGR). There have been statements, mainly made out of sheer ignorance, such as that these people were being moved out of the CKGR to give way to diamond mining. No diamonds, at least of economic, value have been found. An organisation called Survival International is in the forefront of this rumour -mongering. The government of Botswana maintains developments are made for every citizen of Botswana. A school has been built, hotels are in place and a medical facility is up and running. Mention should be made of the fact that this particular group of people are nomadic - they move from one place to the other. Some of them have since moved back to the CKGR, away from the developments government brought to them. Government had provided this group of people with cattle; goats and sheep for free, to start a new life. Remember they had no permanent places of abode.

We view the Botswana Centre for Human Rights as a partner, rather than an adversary, in the development of Botswana. We commend the role played by NGO's everywhere they may be for, without them impunity is bound to occur. We welcome criticism, not for its own sake, but criticism aimed at nation-building. The government of Botswana is still pursuing consultations on this matter.

Lastly, Botswana has had a communication pending before this Commission for over two (2) years. We eagerly await your considered judgment - which we hope shall provide guidance to us.

Thank you,

P. B. GUNDA

Botswana Delegate.