BOTSWANA-SOGI-TBs-CCPR

Concluding Observations on Report 2 (2021) (Link)

Non-discrimination

11. The Committee is concerned about the lack of comprehensive anti-discrimination legislation and about the fact that section 15 (4) (b)–(d) of the Constitution continues to provide for exceptions to the right not to be discriminated against. The Committee is also

CCPR/C/BWA/CO/1, paras. 6 and 10. Ibid., para. 14. concerned that the 2019 ruling of the High Court of Botswana in the case Letsweletse Motshediemang v. Attorney General requesting that section 164 of the Penal Code criminalizing same-sex relations be repealed has not been implemented yet due to an ongoing appeal by the Attorney General. The Committee is further concerned about the persistence of customary laws and practices that discriminate against women, particularly in relation to marriage and family relations, inheritance, property rights and legal guardianship by men of unmarried women (arts. 2–3, 17 and 26–27).

12. In light of and bearing in mind the Committee’s previous recommendations,6 the State party should:

(a) Adopt comprehensive legislation prohibiting discrimination, including multiple, direct and indirect discrimination, in all spheres, in both the public and the private sectors, on all the grounds prohibited under the Covenant, including sex, sexual orientation, gender identity, religion, disability, socioeconomic status, HIV/AIDS status, ethnic and political affiliation or other status;

(b) Amend section 15 of the Constitution in order to bring it into line with articles 2–3 and 26 of the Covenant;

(c) Repeal section 164 of the Penal Code;

(d) Review customary laws and practices that discriminate against women to ensure their full compliance with the provisions of the Covenant;

(e) Develop and implement strategies to combat patriarchal attitudes and stereotypes on the roles and responsibilities of women and men in the family and in society at large;

(f) Take concrete steps, such as comprehensive awareness-raising campaigns and activities, to address stigma and discriminatory attitudes and promote sensitivity and respect for diversity among the general public.

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Concluding Observations on Report 1 (2008) (Link)

22. The Committee notes with concern that the State party criminalizes same-sex sexual activities between consenting adults (arts 17 and 26).

The State party should repeal these provisions of its criminal law.

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