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COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR VOLUME I

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Defendants may question witnesses against them. Defendants may present witnesses and evidence on their own behalf. Defendants have the right to adequate time and facilities to prepare their defense and to appeal. Defendants are not compelled to testify or confess guilt. The constitution states these rights extend to all citizens. Some NGOs provided limited, free legal assistance. In addition to the civil court system, a customary or traditional court system also exists.


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According to traditional practice, a tribal chief presides over most small villages. While customary traditional courts enjoyed widespread citizen support and respect, they often did not afford the same due process protections as the formal court system. Although defendants may confront, question, and present witnesses in customary court proceedings, they do not have legal counsel, and there are no standardized rules of evidence.

Customary trials are open to the public, and defendants may present evidence on their own behalf. Tribal judges, appointed by the tribal leader or elected by the community, determine sentences. Many tribal judges were poorly trained. The quality of decisions reached in the customary courts varied considerably, and defendants often lacked a presumption of innocence. Tribal judges applied corporal punishment, such as lashings on the buttocks, more often than did civil courts. Those convicted in customary courts may file appeals through the civil court system.

A separate military court system does not try civilians. Military courts have separate procedures from civil courts. Defendants in military courts are able to retain private attorneys at their own expense and view evidence to be used against them. Defendants in military court can have their cases transferred to the civilian judicial system. Additionally, military personnel can take other military personnel to civilian civil court. In the formal judicial system, there is an independent and impartial judiciary in civil matters, including for human rights cases, which includes a separate industrial court for most labor-related cases.

Administrative remedies were not widely available. By mutual agreement of the parties involved, customary courts, which handle land, marital, and property disputes, tried most civil cases; they often did not afford the same due process protections as the formal judicial system.

The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions. The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Nevertheless, observers suggested cultural constraints limited the number of women in government. There were six women in the seat National Assembly, one of whom was the speaker and five of whom served in the member cabinet. There were also two women in the seat House of Chiefs.

While the constitution formally recognizes eight principal tribes of the Tswana nation, amendments to the constitution also allow minority tribes to be represented in the House of Chiefs. The law provides that members from all groups enjoy equal rights. In August, however, the UN special rapporteur on minority issues noted many tribes are unrecognized or unrepresented, and women are underrepresented in the traditional chieftaincy system. The law provides criminal penalties for corruption by officials, and the government generally sought to implement these laws effectively.

Officials tasked with enforcement lacked adequate training and resources, however. Media reports of government corruption increased during the year. The documents allegedly demonstrated substantive links to corruption and money laundering. Critics contended this policy did not go far enough to promote transparency and asserted financial declarations by senior government officials should be available to the public.


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Authorities effectively enforced laws against rape when victims pressed charges; however, police noted victims often declined to press charges against perpetrators. By law the minimum sentence for rape is 10 years in prison, increasing to 15 years with corporal punishment if the offender is HIVpositive and unaware, and 20 years with corporal punishment if the offender is HIV-positive and aware.

By law formal courts try all rape cases. A person convicted of rape is required to undergo an HIV test before sentencing.

History of the Democratic Republic of the Congo

The law prohibits domestic and other violence, whether against women or men, but it remained a serious problem. Although statistics were unavailable, media widely reported on cases of violence against women, including several high-profile murders. For example, in July police arrested a man suspected to have murdered and decapitated his girlfriend. A local NGO said it appeared more victims were reporting incidents of violence to the police. Sexual harassment committed by a public officer is considered misconduct and punishable by termination, potentially with forfeiture of all retirement benefits, suspension with loss of pay and benefits for up to three months, reduction in rank or pay, deferment or stoppage of a pay raise, or reprimand.

Nonetheless, sexual harassment, particularly by men in positions of authority, including teachers, continued to be a widespread problem. For example, two staff members of the Law Society of Botswana filed complaints senior colleagues reportedly had sexually harassed them. Although labor law prohibits discrimination based on gender and in general the government enforced the law effectively, there is no legal requirement for women to receive equal pay for equal work. The government generally registered births promptly; however, unregistered children may be denied some government services.

Parents must cover school fees as well as the cost of uniforms and books. These costs could be waived for children whose family income fell below a certain level. There was reported widespread abuse of children. For example, according to staff at Tsabong hospital, sexually abused children represented the third highest reason for patient intake, although only a fraction of victims sought treatment.

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Staff said in many cases, sexual predators, rather than family members, assault children left unaccompanied during the day. Child abuse was reported to police in cases of physical harm to a child. Police referred the children and, depending on the level of abuse, their alleged abuser s to counseling in the Department of Social Services within the Ministry of Local Government and Rural Development, as well as to local NGOs.

The government does not recognize marriages that occur when either party is under the minimum legal age of In April parliament amended the penal code raising the age of consent from 16 to 18 years of age. One such community outside the mining town of Jwaneng had an estimated residents, although numbers fluctuated. In some cases children were unregistered and did not attend school. According to an international organization, 61, orphans and vulnerable children received government support between April and September Once registered as an orphan, a child receives school uniforms, shelter, a monthly food basket, and counseling as needed.

The law prohibits discrimination against persons with disabilities, but it does not prohibit discrimination by private persons or entities. It mandates access to public buildings or transportation for persons with disabilities, but access for persons with disabilities was limited. Although new government buildings were being constructed in such a way as to provide access for persons with disabilities, older government office buildings remained largely inaccessible. Most new privately owned commercial and apartment buildings provided access for persons with disabilities.

In August the UN special rapporteur on minority issues observed most teachers were not trained in sign language or in teaching methods adapted to the educational needs of deaf persons. The special rapporteur also noted the absence of sign language interpreters in the health care sector inhibited the dissemination of information. The government made some accommodations during elections to allow for persons with disabilities to vote.

There is a Department of Disability Coordination in the Office of the President to assist persons with disabilities.