DOCSLIB.ORG

Chapter 1 Botswana.Fm

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Chapter 1 Botswana.Fm HUMAN RIGHTS PROTECTED? NINE SOUTHERN AFRICAN COUNTRY REPORTS ON HIV, AIDS AND THE LAW AIDS and Human Rights Research Unit 2007 Human rights protected? Nine Southern African country reports on HIV, AIDS and the law Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa that have been peer-reviewed. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: ABC Press Cape Town Cover design: Yolanda Booyzen, Centre for Human Rights To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 12 362 5125 [email protected] www.pulp.up.ac.za ISBN: 978-0-9802658-7-3 The financial support of OSISA is gratefully acknowledged. © 2007 Copyright subsists in this work. It may be reproduced only with permission from the AIDS and Human Rights Research Unit, University of Pretoria. Table of contents PREFACE iv LIST OF FREQUENTLY USED ACRONYMS AND ABBREVIATIONS vii 1 HIV, AIDS and the law in Botswana 1 2 HIV, AIDS and the law in Lesotho 39 3 HIV, AIDS and the law in Malawi 81 4 HIV, AIDS and the law in Mozambique 131 5 HIV, AIDS and the law in Namibia 163 6 HIV, AIDS and the law in South Africa 205 7 HIV, AIDS and the law in Swaziland 283 8 HIV, AIDS and the law in Zambia 309 9 HIV, AIDS and the law in Zimbabwe 353 ANNEXURE: NGOs BY COUNTRY 399 INFORMATION ON THE AIDS AND HUMAN RIGHTS RESEARCH UNIT 424 iii Preface Human rights protected? Nine Southern African country reports on HIV, AIDS and the law builds on HIV/AIDS and human rights in Southern Africa, an analysis of the situation of HIV, AIDS and human rights in Southern Africa, undertaken by the Centre for the Study of AIDS (CSA) in 2002.1 The present publication takes these reports further by expanding the countries examined, updating the reports, and amending them to incorporate country-specific information on the four debates presented in Human rights under threat: Four perspectives on HIV, AIDS and the law in Southern Africa, an accompanying publication by the AIDS and Human Rights Research Unit (Unit) of the CSA and the Centre for Human Rights (CHR). The four issues of particular concern with respect to the protection of human rights, which were incorporated into these updated reports are: the criminalisation of the wilful transmission of HIV; routine testing; the restriction of prisoners’ access to prevention and treatment; and the limitations on access to HIV and AIDS-related medicines. In order to update the existing reports, researchers were identified from existing networks in each of the nine countries under discussion. A questionnaire was developed by the Unit, which was used by the researchers in order to guide the research and to ensure consistency in the nature of information gathered. The responses were then collated by the Unit and are published here. As far as possible, the updated reports set out the position of HIV, AIDS and the law in the respective countries as of 31 July 2007. This report may be read in conjunction with the AIDS and Rights Alliance of Southern Africa (ARASA) research report HIV/AIDS and human rights in SADC: An evaluation of the steps taken by countries within the SADC region to implement the International Guidelines on HIV/AIDS and Human Rights, released at the end of 2006 (see http://www.arasa.info). The ARASA report is broader in its regional scope, as it focuses on all 14 SADC countries, but also narrower in its substantive ambit, as it limits itself to the International Guidelines.2 South African judge and HIV activist, Edwin Cameron, noted that the role of the law in a public health crisis should be ‘to contain the epidemic and to mitigate its impact’.3 In other words, he states, the law ‘should aim to save the uninfected from infection and to protect the infected from the unjust consequences of public panic’.4 Is the law offering this kind of protection in the face of the HIV epidemic? Acknowledging that the most effective way to ensure the protection of human rights is to enshrine international norms in national constitutions and national legislation, this publication examines this 1 See http://www.csa.za.org 2 See also A Strode and B Grant ‘A critical review of the extent to which the HIV/ AIDS and Human Riglopment Community’ (2007) Obiter 70. 3 E Cameron ‘Using the law in the HIV pandemic: sword or shield’ Lecture at Birkbeck College, London 28 June 2007 http://www.nat.org.uk/document/307 (accessed 30 August 2007). 4 As above. iv question with respect to nine Southern African countries: Botswana, Lesotho, Malawi, Namibia, Mozambique, South Africa, Swaziland, Zambia and Zimbabwe. While the findings note that these countries are by no means ignoring the epidemic and the many human rights threats and violations that accompany it, the response tends to be focused at policy rather than legislation. The information presented in the reports is comprehensive, covering, for example, a general background on each country, international human rights law, case law, HIV and AIDS policy, the rights of vulnerable groups, and criminal law. Common threads emerge with respect to the nine countries in the form of weaknesses or gaps in the response to the epidemic in terms of human rights. As was hypothesised at the conceptualisation of the publication, some of these trends have proven to correspond and support the debates mentioned above and presented in Human rights under threat: Four perspectives on HIV, AIDS and the law in Southern Africa. For example, with respect to prisoners’ rights and HIV and AIDS, a debate explored in the above-mentioned publication, the reports reveal that only South Africa, Lesotho and Mozambique distribute condoms in prisons – at least in theory or from time to time. In the other countries surveyed, condoms are not made available to prisoners so as not to encourage sexual relations between men, a crime in all the countries but South Africa. In most of the cases, prisoners do not have access to ARVs administered in the prisons at government expense and where such is provided for, there is a conflict between policy and practice. For example, in South Africa, failure to implement legislation related to the provision of ART forced 15 inmates of the Westville prison in Durban and the Treatment Action Campaign to take legal action against the prison and the South African government in order to demand access to ART. Another common thread uncovered in the reports is inadequate legal protection afforded to women and a subsequent failure to address one of the root causes of the HIV epidemic. While in all of the countries examined equality on the basis of sex is enshrined in the Constitution, customary law exists and, in some cases, takes precedence over the constitutional provision of equality. The reports also refer to the many customary practices that are still respected and which can potentially contribute to the spread of HIV, such as polygamy, wife inheritance, widow cleansing, and child marriage. Reflective of a gross underestimation of the link between domestic violence and HIV transmission, less than half of the countries (Malawi, Zimbabwe, Namibia, and South Africa) have specific legislation prohibiting domestic violence. Enacting domestic violence legislation should be a priority in the response to the pandemic. A striking feature of the reports is the discordance between policy, legislation, and practice. In all of the countries, AIDS policies exist, alongside policies relating to testing, treatment, and orphans and other vulnerable children, for example. In many cases, these policies have been clearly influenced by the International Guidelines on HIV/AIDS and Human Rights. The policies, while commendable and demonstrative of political recognition of the severity of the epidemic and the threat to human rights that it presents, lack mechanisms for v accountability and as such, in certain respects, rather pay lip service to action. While policy development is a necessary step in addressing the epidemic, it can often give the impression that political will is greater than what the situation on the ground presents. For example, pre- and post-test counselling features in all testing policies and guidelines yet in practice it is rarely carried out effectively, if at all. On the other hand, the reports show a need for increased legislation specific to HIV and AIDS which would not only complement existing policies but provide for strengthened government accountability whereby victims of human rights violations in the face of the epidemic are empowered to seek legal redress for injustices incurred. Through dissemination to both civil society and policy makers, it is hoped that Human rights protected? Nine Southern African country reports on HIV, AIDS and the law will serve as a tool to assist those involved in advocacy as well as government stakeholders to agitate for legislation towards increased human rights protection in the context of the HIV pandemic. The Unit gratefully acknowledges the following authors of, and contributors to, the reports: • Susan Precious, co-author of the South Africa report • Mianko Ramaroson, co-author of the South Africa report • Rofiah Ololade Sarumi, author of the
Load more

Recommended publications
  • African Innovations in Pre-Trial Justice Jean Redpath 2015 1
    African Innovations in Pre-trial Justice Jean Redpath 2015 1 © Dullah Omar Institute, 2015 This publication was made possible with the financial assistance of the Open Society Foundations. The contents of this document are the sole responsibility of the Dullah Omar Institute and can under no circumstances be regarded as reflecting the position of the Open Society Foundations. Copyright in this article is vested with the Dullah Omar Institute, University of Western Cape. No part of this article may be reproduced in whole or in part without the express permission, in writing, of the Dullah Omar Institute. Civil Society Prison Reform Initiative (CSPRI) c/o Dullah Omar Institute University of the Western Cape Private Bag X17 7535 SOUTH AFRICA www.cspri.org.za The aim of CSPRI is to improve the human rights of people deprived of their liberty through research-based advocacy and collaborative efforts with civil society structures. The key areas that CSPRI examines are developing and strengthening the capacity of civil society and civilian institutions related to corrections; promoting improved prison governance; promoting the greater use of non-custodial sentencing as a mechanism for reducing overcrowding in prisons; and reducing the rate of recidivism through improved reintegration programmes. CSPRI supports these objectives by undertaking independent critical research; raising awareness of decision makers and the public; disseminating information and capacity building. REPORT PREPARED BY JEAN REDPATH FOR PROMOTING PRE-TRIAL JUSTICE IN AFRICA (PPJA), A PROJECT OF THE CIVIL SOCIETY PRISON REFORM INITIATIVE (CSPRI) OF THE DULLAH OMAR INSTITUTE, UNIVERSITY OF THE WESTERN CAPE 1 AFRICAN INNOVATIONS IN PRE-TRIAL JUSTICE Contents Introduction ...........................................................................................................................................
    [Show full text]
  • The Republic of Botswana Second and Third Report To
    THE REPUBLIC OF BOTSWANA SECOND AND THIRD REPORT TO THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS (ACHPR) IMPLEMENTATION OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS 2015 1 | P a g e TABLE OF CONTENTS I. PART I. a. Abbreviations b. Introduction c. Methodology and Consultation Process II. PART II. A. General Information - B. Laws, policies and (institutional) mechanisms for human rights C. Follow-up to the 2010 Concluding observations D. Obstacles to the exercise and enjoyment of the rights and liberties enshrined in the African Charter: III. PART III A. Areas where Botswana has made significant progress in the realization of the rights and liberties enshrined in the African Charter a. Article 2, 3 and 19 (Non-discrimination and Equality) b. Article 7 & 26 (Fair trial, Independence of the Judiciary) c. Article 10 (Right to association) d. Article 14 (Property) e. Article 16 (Health) f. Article 17 (Education) g. Article 24 (Environment) B. Areas where some progress has been made by Botswana in the realization of the rights and liberties enshrined in the African Charter a. Article 1er (implementation of the provisions of the African Charter) b. Article 4 (Life and Integrity of the person) c. Article 5 (Human dignity/Torture) d. Article 9 (Freedom of Information) e. Article 11 (Freedom of Assembly) f. Article 12 (Freedom of movement) g. Article 13 (participation to public affairs) h. Article 15 (Work) i. Article 18 (Family) j. Article 20 (Right to existence) k. Article 21 (Right to freely dispose of wealth and natural resources) 2 | P a g e C.
    [Show full text]
  • Justiça Ambientes Mediaticos E Ordem Social.Pdf
    1 2 Justiça, Ambientes Mediáticos e Ordem Social 3 4 Justiça, Ambientes Mediáticos e Ordem Social Helena Machado e Filipe Santos (Organizadores) 5 6 Introdução Helena Machado e Filipe Santos Nas duas últimas décadas, o debate em torno das relações entre os tribunais e a comunicação social tem estado no epicentro da discussão pública sobre o estado da justiça (e da democracia) em vários países. Marcado pela contro- vérsia e amplifi cado por casos de investigação criminal que envolvem fi guras públicas, o pensamento sobre os destinos cruzados da justiça e dos média nem sempre terá sido neutro, salientando -se a proeminência das trocas de argumentos numa espiral difusamente centrada no interesse público. A mediatização da justiça constitui um dos mais prementes desafi os para as sociedades actuais na medida em que é dada ao público a possibilidade de observar os procedimentos, regras e o funcionamento da justiça. Por via das imagens e discursos produzidos nos média, o público recebe dados que lhe permitem elaborar concepções e representações acerca do sistema de justiça e da ordem social vigente, plasmada ou mesmo ausente nos códigos e dispo- sições legais. Apesar de episódicos excessos cometidos por alguns média em nome da transparência, do escrutínio ou do interesse público, consideramos fulcral a progressiva abertura dos tribunais à sociedade civil. Neste sentido, e dado o relativo afastamento dos cidadãos do sistema de justiça, os média podem assim constituir -se como catalisadores de reivindicações populares e de mudança, podendo inclusivamente promover o desenvolvimento da quali- dade da cidadania. Porém, a mediatização da justiça pode também servir para manter o status quo, sob a ilusão da participação e da transparência, reduzindo a vivência democrática a níveis inferiores, sem que tal se afi gure perceptível aos cidadãos, dado que frequentemente é formatada para con- sumo e entretenimento e não necessariamente como contributo para a edu- cação e formação cívica das audiências.
    [Show full text]
  • Securing Recognition of Minorities and Maginalized People and Their Rights in Botswana
    Evaluation: Securing Recognition of Minorities and Marginalized People and their Rights in Botswana PROJECT EVALUATION REPORT FINAL SECURING RECOGNITION OF MINORITIES AND MAGINALIZED PEOPLE AND THEIR RIGHTS IN BOTSWANA Submitted to: Minorities Rights Group International, 54 Commercial Street, London E1, 6LT, United Kingdom Submitted by: Tersara Investments P.O. Box 2139, Gaborone, Botswana, Africa 2/27/2019 This document is property of Minorities Rights Group International, a registered UK Charity and Company Limited by Guarantee and its Partners. 1 Evaluation: Securing Recognition of Minorities and Marginalized People and their Rights in Botswana Document details Client Minority Rights Group International Project title Consulting Services for the Final Evaluation: Securing Recognition of Minorities and Marginalized Peoples and their Rights in Botswana Document type Final Evaluation Document No. TS/18/MRG/EVAL00 This document Text (pgs.) Tables (No.) Figures (no.) Annexes Others comprises 17 3 7 2 N/A Document control Document version Detail Issue date TS/19/MRG/EVAL01 Project Evaluation Report FINAL for 13 June 2019 MRGI 2 Evaluation: Securing Recognition of Minorities and Marginalized People and their Rights in Botswana Contents Document details ..................................................................................... Error! Bookmark not defined. Document control ................................................................................................................................... 2 LIST OF FIGURES (TABLES, CHARTS)
    [Show full text]
  • Dissenting Opinion on the Defendant's Oral Motion to Exclude Statement of the Accused
    THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE DILl DISTRICT COURT THE SPECIAL PANELS FOR SERIOUS CRIMES Before: Judge Francesco Florit Judge Phillip Rapoza Judge Antonio Helder Viana do Carmo CASE NO. 34/2003 DEPUTY GENERAL PROSECUTOR FOR SERIOUS CRIMES -AGAINST- FRANCISCO PEREIRA, AKA SIKU GAGU Dissenting Opinion on the Defendant's Oral Motion to Exclude Statement of the Accused For the Prosecutor: Shyamala Alagendra For the Defendant: Maria Rocheteau Hsiao Leung Gooi PURL: https://www.legal-tools.org/doc/804929/ 2 Background At the trial of the above matter, the Prosecutor offered in evidence a prior statement of the Defendant taken by an investigator for the Serious Crimes Unit. The Defendant made an oral motion pursuant to Section 27.2 of UNTAET Regulation 2000/30 to exclude the statement from use at trial. Following argument by the parties, the Panel took the matter under advisement. On 17 September 2004, a majority of the Panel (Florit, Carmo) allowed the Defendant's motion to exclude his prior statement. The Presiding Judge (Florit) orally announced the Panel's decision and the basis for its determination. The following written dissenting opinion was entered and summarized on the record by the minority (Rapoza). Dissenting Opinion I respectfully decline to join the majority decision for the following reasons: A. A defendant's prior statement to an investigator may be considered as evidence at trial if the defendant gave the statement after knowingly and voluntarily waiving his right to remain silent. 1. UNT AET Regulation 2000/30, the Transitional Rules of Criminal Procedure, (TRCP) Section 34.1 ("Rules of Evidence") states that "[t]he Court may admit and consider any evidence that it deems is relevant and has probative value with regard to issues in dispute" (emphasis added).
    [Show full text]
  • The Big Governance Issues in Botswana
    MARCH 2021 THE BIG GOVERNANCE ISSUES IN BOTSWANA A CIVIL SOCIETY SUBMISSION TO THE AFRICAN PEER REVIEW MECHANISM Contents Executive Summary 3 Acknowledgments 7 Acronyms and Abbreviations 8 What is the APRM? 10 The BAPS Process 12 Ibrahim Index of African Governance Botswana: 2020 IIAG Scores, Ranks & Trends 120 CHAPTER 1 15 Introduction CHAPTER 2 16 Human Rights CHAPTER 3 27 Separation of Powers CHAPTER 4 35 Public Service and Decentralisation CHAPTER 5 43 Citizen Participation and Economic Inclusion CHAPTER 6 51 Transparency and Accountability CHAPTER 7 61 Vulnerable Groups CHAPTER 8 70 Education CHAPTER 9 80 Sustainable Development and Natural Resource Management, Access to Land and Infrastructure CHAPTER 10 91 Food Security CHAPTER 11 98 Crime and Security CHAPTER 12 108 Foreign Policy CHAPTER 13 113 Research and Development THE BIG GOVERNANCE ISSUES IN BOTSWANA: A CIVIL SOCIETY SUBMISSION TO THE APRM 3 Executive Summary Botswana’s civil society APRM Working Group has identified 12 governance issues to be included in this submission: 1 Human Rights The implementation of domestic and international legislation has meant that basic human rights are well protected in Botswana. However, these rights are not enjoyed equally by all. Areas of concern include violence against women and children; discrimination against indigenous peoples; child labour; over reliance on and abuses by the mining sector; respect for diversity and culture; effectiveness of social protection programmes; and access to quality healthcare services. It is recommended that government develop a comprehensive national action plan on human rights that applies to both state and business. 2 Separation of Powers Political and personal interests have made separation between Botswana’s three arms of government difficult.
    [Show full text]
  • 210308 AGDP BAPS Report BOTSWANA 13 Chapters.Indd
    MARCH 2021 THE BIG GOVERNANCE ISSUES IN BOTSWANA A CIVIL SOCIETY SUBMISSION TO THE AFRICAN PEER REVIEW MECHANISM Contents Executive Summary 3 Acknowledgments 7 Acronyms and Abbreviations 8 What is the APRM? 10 The BAPS Process 12 Ibrahim Index of African Governance Botswana: 2020 IIAG Scores, Ranks & Trends 120 CHAPTER 1 15 Introduction CHAPTER 2 16 Human Rights CHAPTER 3 27 Separation of Powers CHAPTER 4 35 Public Service and Decentralisation CHAPTER 5 43 Citizen Participation and Economic Inclusion CHAPTER 6 51 Transparency and Accountability CHAPTER 7 61 Vulnerable Groups CHAPTER 8 70 Education CHAPTER 9 80 Sustainable Development and Natural Resource Management, Access to Land and Infrastructure CHAPTER 10 91 Food Security CHAPTER 11 98 Crime and Security CHAPTER 12 108 Foreign Policy CHAPTER 13 113 Research and Development THE BIG GOVERNANCE ISSUES IN BOTSWANA: A CIVIL SOCIETY SUBMISSION TO THE APRM 3 Executive Summary Botswana’s civil society APRM Working Group has identified 12 governance issues to be included in this submission: 1 Human Rights The implementation of domestic and international legislation has meant that basic human rights are well protected in Botswana. However, these rights are not enjoyed equally by all. Areas of concern include violence against women and children; discrimination against indigenous peoples; child labour; over reliance on and abuses by the mining sector; respect for diversity and culture; effectiveness of social protection programmes; and access to quality healthcare services. It is recommended that government develop a comprehensive national action plan on human rights that applies to both state and business. 2 Separation of Powers Political and personal interests have made separation between Botswana’s three arms of government difficult.
    [Show full text]
  • DON't YOU FORGET ABOUT ME Julia Kennedy Published Online: 28 Oct 2009
    This article was downloaded by: [University College Falmouth ] On: 17 June 2013, At: 05:37 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Journalism Studies Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/rjos20 DON'T YOU FORGET ABOUT ME Julia Kennedy Published online: 28 Oct 2009. To cite this article: Julia Kennedy (2010): DON'T YOU FORGET ABOUT ME, Journalism Studies, 11:2, 225-242 To link to this article: http://dx.doi.org/10.1080/14616700903290635 PLEASE SCROLL DOWN FOR ARTICLE Full terms and conditions of use: http://www.tandfonline.com/page/terms-and- conditions This article may be used for research, teaching, and private study purposes. Any substantial or systematic reproduction, redistribution, reselling, loan, sub-licensing, systematic supply, or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae, and drug doses should be independently verified with primary sources. The publisher shall not be liable for any loss, actions, claims, proceedings, demand, or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material. DON’T YOU FORGET ABOUT ME An exploration of the ‘‘Maddie Phenomenon’’ on YouTube Julia Kennedy In June 2008 the search term ‘‘Madeleine McCann’’ generated around 3700 videos on YouTube, attracting over seven million text responses.
    [Show full text]
  • Law, Religion and Human Rights in Botswana
    AFRICAN HUMAN RIGHTS LAW JOURNAL Law, religion and human rights in Botswana Emmanuel Kwabena Quansah* Professor of Law, Department of Law, University of Botswana, Gaborone, Botswana Summary Religion is universally recognised as a fundamental and inalienable right. It comprises a set of common beliefs and practices generally held by a group of people, codified as prayer, ritual, religious law as well as cultural and ancestral traditions and myths. In Botswana, religion plays a significant part in the lives of the majority of people. The constitutional framework within which religion is practised allows freedom of religion and a number of legal provisions exist to protect this freedom. This article appraises the current state of religious freedom in Botswana in the context of constitutionally guaran- teed human rights. It concludes that the basic framework established by the Constitution creates a separation of religion and state and provides the enabling environment for the exercise of freedom of religion. Consequently, it has ensured the requisite social harmony not only for continuous develop- ment, but also for continuous enjoyment of freedom of religion. 1 Introduction Religion is universally recognised as a fundamental and inalienable right of man.1 It has been defined in a wide variety of ways,2 but for * LLB (Hons), LLM (London), LLD (UNISA); [email protected] 1 See eg sec 26 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion and Belief (UN General Assembly Resolution 36/56 of 25 November 1981; sec 3 of the Universal Declaration of Human Rights (UN General Assembly Resolution 217A of 10 December 1948); sec 21 of the International Covenant on Civil and Political Rights (UN General Assembly Resolution 2200 of 16 December 1966); and art 8 of the African Charter on Human and Peoples’ Rights 1981/1986.
    [Show full text]
  • A Comparative Study of Bail Legislation in Malawi, Mozambique and Burundi
    A Comparative Study of Bail Legislation in Malawi, Mozambique and Burundi By Kristen Petersen With background research by Pacharo Kayira, Tina Lorizzo and Astère Muyango 2016 1 A Comparative Study of Bail Legislation in Malawi, Mozambique and Burundi Table of contents COPYRIGHT STATEMENT ................................................................................................................................................ 3 ACRONYMS AND ABBREVIATIONS ................................................................................................................................. 4 ACKNOWLEDGEMENTS .................................................................................................................................................. 5 1. INTRODUCTION .................................................................................................................................................... 6 1.1 KEY CONCEPTS ..................................................................................................................................................... 7 1.2 SCOPE OF THIS PAPER ............................................................................................................................................ 8 2. GENERAL PROVISIONS GOVERNING RELEASE IN MOZAMBIQUE, MALAWI AND BURUNDI............................... 10 2.1 MOZAMBIQUE ................................................................................................................................................... 10 2.2 MALAWI ..........................................................................................................................................................
    [Show full text]
  • Canada-Botswana Human Rights Engagements: a Critical Assessment of the Literature and a Research Agenda Bonolo Ramadi Dinokopila
    The Transnational Human Rights Review Canadian-African Human Rights Engagements: A Literature Review and an Agenda for Future Research Canada-Botswana Human Rights Engagements: A Critical Assessment of the Literature and a Research Agenda Bonolo Ramadi Dinokopila Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/thr Part of the Human Rights Law Commons Citation Information Dinokopila, Bonolo Ramadi. "Canada-Botswana Human Rights Engagements: A Critical Assessment of the Literature and a Research Agenda." The Transnational Human Rights Review 4. (2017): http://digitalcommons.osgoode.yorku.ca/thr/vol4/iss1/4 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The Transnational Human Rights Review by an authorized editor of Osgoode Digital Commons. CANADA-BOTSWANA HUMAN RIGHTS ENGAGEMENTS: A CRITICAL ASSESSMENT OF THE LITERATURE AND A RESEARCH AGENDA BONOLO RAMADI DINOKOPILA* Abstract This article discusses the past and present of Canada-Botswana human rights engagements, offering an insight into their nature and significance. The article highlights that despite the absence of strong diplomatic ties between the two countries, there nonetheless have been significant human rights engagements. The engagements, though not entirely systematic or clearly defined in their focus, have certainly improved the human rights situation in Botswana. It is also noted that the sustainability of these engagements is questionable considering that the weak ties between the two countries have resulted in reduced Canadian funding to Botswana. In the end, the article emphasizes that there is a need to undertake extensive research on Canada- Botswana human rights engagements.
    [Show full text]
  • Legal Environment Assessment
    ASSESSMENT OF LEGAL AND REGULATORY FRAMEWORK FOR HIV, AIDS AND TUBERCULOSIS FINAL REPORT FOREWORD Botswana has made significant progress in addressing the HIV epidemic. Although this Legal Environment Assessment (LEA) report has shown that progressive laws, policies and jurisprudence in Botswana has helped to safeguard the rights of all people to equality and non-discrimination, including people living with HIV and TB and vulnerable populations such as women, there remain gaps and challenges that have been identified within Botswana’s current legal and policy framework that create barriers to access to prevention, treatment, care and support for all people, including vulnerable and key populations. It is imperative for all of us to take cognisance of the recommendations in the report if we are end AIDS by 2030. Botswana has adopted the Treat All strategy, developed HIV Testing Services (HTS) Strategy and reviewed the treatment guidelines. To achieve these targets by 2020, it is essential that the legal environment supports the national response in programming and ensure unrestricted access to services among all people of Botswana regardless of race, colour, religion, creed, sex, sexual orientation, gender identity, national origin, disability, vocation or other status. This report is a fundamental step in ensuring that each stakeholder plays a role in the fight against the epidemic. As highlighted by the UN Secretary General: “Whatever our role in life, wherever we may live, in some way or another, we all live with HIV. We are all affected by it. We all need to take responsibility for the response.” Ensuring no one is left behind is essential since vulnerable and key populations bear much of the burden of the epidemic today.
    [Show full text]