The law obliges authorities to inform suspects of their rights upon arrest, including the right to remain silent and bring charges before a judge within 48 hours. The authorities generally respected these rights. There have been no reports of denial of a suspect`s right to a lawyer within 48 hours of arrest and his right to be charged before a judge. A judge can order the detention of a suspect for 14 days by means of an arrest warrant, which can be renewed every 14 days. The law provides for a prompt judicial decision on the lawfulness of a person`s detention. Serious legal proceedings have sometimes delayed this decision. The authorities generally informed detainees of the reason for their detention, although there were complaints that this was not always the case. There is a bail system that works, and detention without bail has been unusual except in murder cases where it is mandatory. Detainees have the right to contact a family member and hire lawyers of their choice, but most cannot afford a lawyer. There were no reports that the authorities kept the suspects out of touch or placed them under house arrest. The Constitution and the law guarantee the right to a fair and public trial, and an independent judiciary has generally upheld this right. Defendants enjoy the presumption of innocence and the authorities usually inform them promptly and in detail of the allegations against them, with a free interpretation from the moment of indictment until all appeals if they do not understand the language of the court. Trials in civilian courts are public, although trials may be secret under the national security law.
Defendants have the right to be present in a timely manner and to consult a lawyer. In capital cases, the government provides legal advice or private lawyers to work pro bono with impoverished clients. Courts convicted people accused of non-capital crimes without legal representation if they could not afford a lawyer. As a result, many defendants were unaware of their procedural rights in pre-trial or judicial proceedings. The accused may question witnesses against him. Accused persons may present witnesses and evidence on their own behalf. The accused shall be entitled to reasonable time and facilities to prepare their defence and appeal. Accused persons are not compelled to testify or confess guilt. The Constitution provides that these rights extend to all citizens. Some NGOs provided free and limited legal assistance.
Botswana`s legal system is based on Roman-Dutch law and customary law. Judicial review is limited to questions of interpretation. The judiciary consists of the High Court, the Court of Appeal and the Magistrates` Courts (one in each district). The Refugee Control Act has made significant progress, with a draft law currently under consideration by key stakeholders, including the Office of the United Nations High Commissioner for Refugees. The delegation hoped that the draft law would be introduced in the next financial year. Currently, legal representation is not allowed when claiming refugee status, but the bill contains provisions that would make it possible. It remains to be decided whether lawyers will be made available free of charge or whether asylum seekers will finance their own legal representation. If the law became law, asylum-seekers would be informed of their rights under the amended Refugee Control Act. The main forms of compensation in the informal sector were housing and food, particularly in agriculture and domestic services. Wages in the informal sector were often below the minimum wage. Workers in the informal sector generally enjoy the same legal protection as those enjoyed by employees in the formal sector.
Child, early and forced marriage: Child marriage was rare and largely confined to certain tribes. The government does not recognize marriages if one of the parties is under 18 years of age. Mr. Shamukuni stated that following ratification of the Convention, Botswana had entered a reservation to article 1 allowing the imposition of any form of punishment, including the death penalty and corporal punishment, as possible punishments. This is the legal situation in Botswana to date. An important legislative development has been the ongoing comprehensive constitutional review process, which was commissioned with the aim of consulting the population on what they wanted to change, maintain or introduce; This is expected to be submitted to the government before the end of 2022. Lord. M.
Shamukuni concluded by reaffirming Botswana`s commitment to the implementation of the convention and stated that the delegation was ready to consider the Committee`s recommendations. Shamukuni called on international partners to provide the necessary technical assistance to help Botswana implement the Convention. Discrimination: According to the Constitution, women and men have the same civil rights and legal status. However, under the common law, which is based on tribal practices, a number of traditional laws restrict women`s property rights and economic opportunities, particularly in rural areas. Women are increasingly exercising the right to marry “from common property”, in which they retain all their legal rights as adults. Although labor law prohibits discrimination on the basis of sex and the government has generally effectively enforced the law, there is no legal obligation for women to receive equal pay for equal work. The Indigenous Courts Proclamation No. 33 of 1943 (repealed by the African Courts Proclamation No. 19 of 1961) provided for the recognition of customary courts with limited jurisdiction in civil and criminal matters. The 1961 proclamation gave this court unlimited jurisdiction in civil matters, provided that the parties were African.
These courts applied indigenous laws and practices to African disputes in their jurisdictions/jurisdictions. The customary court is the highest court in terms of the usual judicial hierarchy. International child abduction: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the U.S. Department of State`s annual report on international parental child abduction in travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html. The asylum-seekers arrived in Botswana from the Democratic Republic of the Congo, which posed a problem of interpretation due to language differences. Reliable interpreters assisted the Committee in this regard, particularly in Swahili, the key language spoken by many asylum-seekers.