A/HRC/40/64/Add.2
A.
More comprehensive human rights architecture
23.
The Special Rapporteur welcomed the Government’s commitment in Vision 2036
for Botswana to be among the leading countries in terms of protecting human rights. This
will require steps towards a more comprehensive human rights framework, including a
review of the Constitution to align it further with the obligations enshrined in the core
international human rights treaties. In particular, the prohibited grounds of discrimination
should be increased to better mirror the country’s international commitments. In addition,
while chapter 2 of the Constitution and some laws cover a number of human rights
obligations, Botswana as a whole does not have a Bill of Rights or a comprehensive human
rights legislative framework. There are therefore gaps, uncertainties and even
contradictions in the protection and promotion of human rights in general that could best be
addressed through a dedicated Bill of Rights.
24.
Vulnerable or marginalized individuals and communities, including in particular
vulnerable or marginalized minorities, are those most likely to be affected by the absence of
a more comprehensive approach to human rights. The Special Rapporteur therefore urges
the Government to ensure that the future human rights mandate of the Office of the
Ombudsman, currently being considered, complies with the Paris Principles and that it
continues its positive engagement and efforts in this regard, including by seeking technical
assistance from the United Nations and through consultations with national human rights
institutions from other countries.
B.
Education and minorities
25.
Botswana has made great strides to increase access to education and the quality of
its education system, including for minority children and others living in remote areas. Data
shows, however, that low academic performance and dropout rates are still significantly
higher among these groups.
26.
It became clear to the Special Rapporteur during the visit that minorities living in
remote areas face significant difficulties in accessing education. The system of hostel
accommodation put in place by the Government to bring children from these communities
to live far from their families in areas closer to schools initially appears to be a positive
initiative to ensure that no child falls outside of the educational system. However, many
stakeholders brought to his attention the negative consequences for many of these children.
In practice, these children can be sent to live far from their families, who may not have the
means to visit them during most of the school year. They may be put under the care of
someone they are unable to communicate with in their own language and removed from
their own culture. Moreover, such children do not always have access to the supplies that
are supposed to be provided, or even the books they are supposed to be using in classes. He
was informed of hostels that were unsafe, sometimes lacking access to water or without
electricity, even in those where children as young as 6 years old were staying. He heard
vivid descriptions of children being thrown into an alien world. Away from their families
and feeling abandoned by their own mothers and fathers, many of these children became
despondent and ran away or did very poorly in school. He was also told the stories of some
who eventually benefited and were able to pursue secondary and even tertiary studies.
Nevertheless, he was advised that, overall, minorities appeared to be disproportionally
represented among those who were sent to hostels in different regions of the country.
27.
The Special Rapporteur is of the opinion that the practice of what amounts to
institutionalization in hostels of children from remote areas, particularly Basarwa children,
should be reviewed and alternative approaches studied so as to minimize the separation of
very young children from their parents, at least at the primary levels, and the devastating
effects that this can have on them. Increasing the number of two-teacher classrooms,
reducing the period spent away from their homes and the introducing the use of radio or
other forms of remote teaching should be considered in a national strategy to ensure equal
access to quality education for all – and particularly for minority children, who appear to be
disproportionally affected by the present system.
7