BANJUL, THE GAMBIA - Your Excellency Hon. Commissioner Bahame Tom Mukirya Nyandunga, Acting Chairperson of the African Commission on Human and Peoples Rights; Your Excellencies Distinguished Commissioners; Representatives of Non Governmental Organisations; Distinguished Delegates; Ladies and Gentlemen, 1. We are grateful to be afforded this opportunity to present our report to this esteemed Commission. Please accept our appreciation for the good arrangements and hospitability that have been made available to us since our arrival in Banjul.

2. With your permission, I would like to introduce myself and other members of the Botswana Delegation. I am Hon. Dikgakgamatso Ramadeluka Seretse, Minister of Defence, Justice and Security. My Ministry leads the development of human rights policy in Botswana and is also responsible for ensuring the fulfilment of Botswana's reporting obligations under all international human rights instruments, including the African Charter on Human and People's Rights(ACHPR).

3. With me is the Ambassador and Permanent Representative of Botswana to the African Union, His Excellency Mr. Manyepedza Patrick Lesetedi, the Director in the Ministry of Defence, Justice and Security Mr. Ross Sanoto, the Director of the Department of Legal Affairs in the Ministry of Foreign Affairs and International Cooperation, Ms. Dimpho Mogami, the Principal State Counsel in the Attorney General's Chambers Ms. Chandida Thembe and the Councillor at the Permanent Mission of Botswana to the African Union Ms. Kgopodiso Mosinki.

4. On behalf of the Government of Botswana, I warmly welcome this opportunity to discuss with you Botswana's fulfilment of its obligations under the Charter. I look forward to a constructive dialogue with members of the Commission.

5. I must emphasise at the outset the importance to which Botswana attaches to the work of the African Commission. We view this process as an important catalyst for the promotion and protection of human rights on the African Continent. The Government of Botswana values your advice and intends to give it serious consideration in the development of policy on matters concerning the promotion and protection of human rights at the national level.

6. Let me assure you that the long delay in submitting the national report did not arise out of a deliberate plan or neglect on the part of Government. It was due mainly to a combination of factors including lack of resources and the absence of personnel dedicated to coordinating preparation of reports to treaty monitoring bodies.

7. I am pleased to inform you that to a large extent these shortcomings have now been addressed. An Inter - Ministerial Committee that draws representation from all relevant Ministries with a mandate to coordinate human rights reports has been established. With the establishment of this Body, Botswana has begun to address the backlog of reports and submit them to relevant Treaty Bodies. Apart from clearing the backlog, the Committee is also working on those international human rights instruments that Botswana is not a party to, with a view, where necessary, to making recommendations for ratification and eventual domestication.

8. In preparing this report, we consulted with members of civil society in Botswana, including Non Governmental Organisations (NGO's), the academia, the media, churches, political parties and other individuals concerned about human rights. We took on board suggestions on how the report could be improved and are confident that the process of consultations strengthened the report. We have seen great value in involving NGO's in the process and we intend to fully involve them in the preparation of all our future reports.

9. Chairperson, I now wish to present a brief overview of the Botswana National Report and also highlight developments that have taken place in my Country since the report was submitted.

10. Botswana is fully committed to the development of an effective policy for the promotion and protection of Human Rights. Since independence in 1966, Botswana has without fail followed the constitutional provision of holding elections every five years. We have held ten successive free and fair elections since 1966. These elections have become more than just a ritual but an integral part of the political culture of the country and its citizenry.

11. We have just concluded another cycle of elections, which were held on the 16th of October 2009. The elections were declared free and fair by all international observers, including those from the sub-regional body of the Southern African Development Community (SADC), the African Union, the European Union and individuals representing various sectors of Civil Society, including the international press and Non-Governmental Organisations.

12. We are pleased to inform you that for the first time ever, a woman has been appointed Speaker of the National Assembly of Botswana. This is a great achievement indeed. The importance of this position in Botswana's democracy cannot be over emphasised. Not only does the position occupy fourth place in the National Order of Precedence, it is a constitutional position that is expected to prevail and arbitrate when members of Parliament cannot agree among themselves. We however acknowledge that the representation of women in political decision making bodies, particularly the National Assembly, remains a challenge.

13. Apart from the Speaker of the National Assembly, there are four women among the sixty-one members of the National Assembly. All four of them have been appointed Cabinet Ministers. This falls short of the standards we have set for ourselves at the sub-regional and continental bodies. We will continue to work towards improving representation of women for we believe that empowering women to make full contribution to development is essential to the development and success of any country.

14. Chairperson, Botswana has made significant progress in addressing violence against women and the girl child through the adoption of the Domestic Violence Act of 2008. The law provides victims of domestic violence with maximum protection against abuse and reduces their exposure to violence and threats. Since the adoption of this Act, the Botswana Police in conjunction with the Women's Affairs Department have started to keep disaggregated data on violence against women in areas such as rape, murder, defilement, incest and threat to kill. The Act reflects the Governments' determination to prioritise issues concerning the eradication of violence against women and the girl child.

15. Another significant development in the legal architecture of Botswana was realized through the adoption of the Children's Act of 2009. The Act incorporates the provisions of the United Nations Convention on the Rights of the Child as well as the African Charter on the Rights and Welfare of the Child into national laws. The overarching goal of the Act is to promote and protect the rights of the Child as well as to promote the physical, emotional, intellectual and social development and general well-being of children. The adoption of the Act is a clear testimony to Botswana's full commitment to the promotion and protection of the rights of children.

16. One of our aspirations as a nation stipulated in our Vision 2016 is to create a compassionate, just and caring nation, a key tenet of which is dignified living.

This aspiration is driven by our respect for human life. Our health care system, poverty alleviation measures, support for the young, the elderly, people with disabilities as well as orphans are driven by this value system.

In the past, there was no central coordination of the national policy on care for people living with disabilities. As a way of addressing this, in August 2009, Government decided to establish a coordinating office within the Office of the President, to coordinate all matters pertaining to people with disabilities.

17. It is important to point out that Government sees the provision of the rights set out in the Charter as a progressive endeavour. We believe that different jurisdictions take different approaches depending on their constitutions, their history and their social and economic conditions. Conversely, the Government of Botswana firmly believes that change is good, positive and effective if it carries the will and aspirations of the people with it and the people are not only beneficiaries of that change but also its owners and architects. The Government of Botswana will not undertake initiatives that are contrary to the interests and wishes of the people. It is against this background that the position of my Government on issues such as the death penalty, corporal punishment, gay and lesbian rights should be understood. As a Government, we cannot legislate against the culture of our society nor the wishes of the vast majority of the people.

18. Chairperson, minority views are vital for our democracy and the Government of Botswana is committed to the promotion and protection of their human rights. The Commission may wish to note that following the December 2006 Court ruling which allowed Basarwa communities to return to their ancestral land in the Central Kalahari Game Reserve (CKGR) Government decided to embark on extensive consultations with the Basarwa. These ongoing consultations include representatives of Basarwa as the concerned group; representatives of Government and representatives of national Non Governmental Organisations. In adopting this decision, Government recognised that the question of the (CKGR) is not just a legal issue, and to this effect Government drew from the old-age African tradition of communication and dialogue as the only viable route towards a sustainable solution that places the interests and welfare of the Basarwa at its centre.

19. Chairperson, Botswana's record of placing economic, social and cultural rights at the centre of policy development goes back over 40 years to the adoption of the first National Development Plan in 1966.

The implementation of successive National Development Plans has enabled Botswana to achieve sustained progress on its development agenda.

20. Some of the achievements include reduction in the number of people living in absolute poverty, increased access to education, health facilities and potable drinking water, provision of basic shelter, growth in jobs created, to name but a few. Poverty reduction showed a significant drop in the decade 1994 (37%) to 2004 (23%). The figure is expected to drop further during the next comprehensive survey scheduled for 2014. This progress is due to the complimentary economic, cultural and socio-political factors including sound financial management and prudent use of resources.

These achievements clearly demonstrate the commitment of Botswana to the realisation of the rights set out in the Charter.

22. Despite the significant progress, we acknowledge that there are still serious challenges.

We continue to set targets for improvement in those areas which still pose difficulties, and to pursue a range of measures including legislation, policies and programmes which advance the principles and objectives set out in the Charter. Government continues to combat the spread of HIV/AIDS and hopes to significantly reduce the number of new infections and deaths. Similarly, Government aims to eradicate illiteracy and provide education and quality health care for every person in the country, irrespective of tribal or ethnic origin. The success and sustainability of this progress largely depends on the assistance and cooperation of our development partners.

23. ChairpersonMembers of the Commission should be in no doubt about Botswana's commitment to meet its obligations, especially in the current economic climate.

It is well known that this review is taking place at a time when the global economy is facing its most serious financial crisis and economic slowdown in decades.

This economic downturn is affecting the economies of developing countries the most and we are no exception.

24. In the case of Botswana, this has meant a drastic decrease in revenue as the economy is mostly driven by diamond sales, which have regrettably fallen due to reduced purchasing power by major consumers in developed countries. Indeed, the economic situation has heightened the need to ensure that people's basic economic and social needs are fulfilled.

25. Finally, I wish to assure you that there is political awareness in Botswana that the implementation of human rights is necessary to strengthen social harmony and cohesion as well as advance the process of development and promote the accountability and legitimacy of government.

In this regard, consultations are at an advanced stage for the establishment of an independent National Human Rights Institution, in accordance with the Paris Principles.

26. Chairperson, with that I conclude the brief introduction of our report and look forward to hearing your views and advice. BGCIS