Para 122) The Government of Botswana remains committed to implementing all her International, Continental and Regional human rights obligations, which are domesticated through laws and policies to ensure that women and men fully and equally enjoy their human rights. To this end, Government continues to adopt new laws and establish human rights protection institutions. Examples include the Sexual Offenders Registry Act (2021), the Inter-Ministerial Committee on GBV (2021) and the Special Courts for GBV (2020).
Para 123) Government has prioritised the GBV response and the following measures, among others, have been put in place to combat GBV:
• The Sexual Offenders Registry Act was adopted in 2021;
Para 149) Botswana Police Service continues to apply scientific methods in its crime management mandate. As a result, more cases of GBV, sexual assaults and murder have been detected. Further, the role of science has enhanced management of investigations related to missing persons and unknown deceased persons by application of International Standards and practices.
Para 52) JS3 stated access to education for girls was hindered by barriers including sexual violence, defilement, and early pregnancy. There were issues with the implementation of the policy to facilitate re-entry of girls after childbirth, which included a lack of public awareness.
Para 56) JS1 recalled that at the previous review, three recommendations relating to marital rape had not enjoyed the support of Botswana but that a recommendation relating to the punishment of perpetrators of sexual violence against women and girls had enjoyed the support of Botswana, which JS1 considered to be a contradiction and reflective of the legal siltation in the country. Although marital rape formed part of the continuum of violence against women and girls, it was not considered a crime, which negatively impacted the ability of married persons who experienced sexual violence to access to justice and other human rights such the right to personal security, to bodily autonomy and to health.
Para 58) JS2 stated that for adolescent girls, sexual gender-based violence manifests itself in child marriage, defilement, and rape.
Para 67) The HR Committee expressed concern about the high level of violence, including sexual and domestic violence, against women and children, which had significantly increased during the COVID-19 pandemic. It was also concerned about the fact that marital rape and sexual violence were not recognized as criminal offences in domestic legislation and about the insufficient protection and support afforded to victims of domestic violence and their families.