A/HRC/31/59/Add.1
I.
Introduction
1.
Pursuant to Human Rights Council resolution 19/6, the Special Rapporteur in the
field of cultural rights, Farida Shaheed, conducted an official visit to Botswana from 14 to
26 November 2014, at the invitation of the Government. She visited Gaborone, Shixaxa,
Maun, Ghanzi/Dkar, Old Xade, New Xade, Shakawe, Tsodilo Hills as well as several
villages in the Okavango Delta and Ramotswa. The Special Rapporteur met with
Government officials responsible for culture, education, tourism, protection of wildlife and
land, at the national and district levels, as well as several Chiefs, including Paramount
Chiefs. She also met with artists, academics, representatives of civil society and the
Ombudsperson. She visited the Tlokweng Junior Secondary School where she met with the
director, teachers and students. The Special Rapporteur thanks all those individuals and
institutions for the wealth of information they shared with her. She also extends her thanks
to the Office of the United Nations Resident Coordinator for its assistance.
2.
The Special Rapporteur makes a number of recommendations with a view to
assisting the Government and other relevant actors in their efforts to address the challenges
in implementing cultural rights in Botswana. She thanks the Government for its
constructive spirit and detailed responses to the report.
II. General context and framework
A.
International framework
3.
Botswana has not ratified the International Covenant on Economic, Social and
Cultural Rights. It is a party, however, to treaties that contain significant provisions for the
protection of cultural rights, such as the International Covenant on Civil and Political
Rights, the Convention on the Elimination of Racial Discrimination, the Convention on the
Elimination of Discrimination against Women and the Convention on the Rights of the
Child. Botswana is also a party to the United Nations Educational, Scientific and Cultural
Organization (UNESCO) Conventions concerning the Protection of the World Cultural and
Natural Heritage and for the Safeguarding of the Intangible Cultural Heritage; however, it
has not ratified the Convention on the Protection and Promotion of the Diversity of Cultural
Expressions, although consultations are under way. In addition, Botswana is a party to the
Convention on Biological Diversity.
4.
Many of the country’s reports to treaty bodies are seriously overdue. Botswana has
not extended a standing invitation to the special procedures, however, it has received visits
from several special procedure mandate holders. The Special Rapporteur encourages
Botswana to enhance its cooperation with the United Nations human rights mechanisms.
B.
Constitutional and legislative framework
5.
The 1966 Constitution contains a chapter on the protection of fundamental rights
and freedoms. While important freedoms relating to culture are included, such as the right
to freedoms of conscience, expression, assembly and association, no direct reference is
made to cultural rights, in particular the right to take part in cultural life, to engage in
creative and artistic activities, to enjoy the arts or to share in scientific advancement and its
benefits.
6.
At the time of the Special Rapporteur’s visit, efforts were under way to expand the
mandate of the Ombudsperson to establish a hybrid institution encompassing the functions
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