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| Botswana | |
 Flag of Botswana | |
| Population (in Mil.) | 2 |
 Sex Ratio (m/f)
| 1,01 |
 Life Expectancy Ratio (f/m)
| 1 |
 Fertility Rate
| 2.9 |
 Income Ratio (f/m)
| 0.58 |
 Literacy Ratio (f/m)
| 1,02 |
 Tertiary Enrolment Ratio (f/m)
| 0,85 |
 Women in Parliament (in %)
| 11,1 |
| SIGI Rank | 48 |
| More information on variables | |
| Did you know that Botswana ranks number 48 of 102 countries on the OECD Social Institutions and Gender Index? To learn more, see the official country note "Gender Equality and Social Institutions in Botswana" at genderindex.org: | |
Contents |
Social Institutions
In Botswana, women legally have the same civil rights as men, but in practice societal discrimination persists. Botswana has a dual legal system with customary law existing side by side with common law. A number of traditional laws enforced by tribal structures and customary courts restrict women's property rights and economic opportunities, particularly in rural areas.
Family Code
Marriages can occur under one of three systems, each with its own implication for women’s property rights: 1) marriage under traditional law or in ‘common property’, 2) marriage in ‘community of property’ and 3) marriage ‘out of common property’. If a woman is married in common property, her ownership rights will be strictly limited and the husband will have all authority for the family. Marriage out of common property, in contrast, grants women a great degree of freedom. Marriage in community of property is an intermediate system where neither spouse can dispose of joint property without the consent of the other. Women increasingly exercise their right to marry out of common property, in which case they retain their full legal rights as adults. All three systems, however, grant the husband a position superior to that of his wife.
Concerning early marriage, the government changed the marriage law in 2001. Prior to this legal change, girls could be married with parental consent at the age of 14. The new legal age of marriage is 18 for both sexes and 21 if parental consent is not given. All marriages must be registered, regardless of customary law. While traditional law allows for Polygamy following consent of the first wife, it is not a common practice.
Parental authority within marriages generally rests with the father of the child. For example, the consent of the father of a marital child alone is sufficient to validate the marriage of that child. Some traditional systems, however, base parental authority on whether or not the father has given his wife the bogadi title. This title has the effect of transferring women’s reproductive capacity from their lineage to that of their husbands. Hence, in the absence of bogadi, the child is affiliated with its mother’s lineage. Under common law, unmarried mothers may keep the right to their children by using the affiliation proceedings act. This act, though, has proven to be too restrictive and its enforcement ineffective. Under traditional law, a child born to an unmarried woman ‘belongs’ to its mother’s family.
Both common and traditional law allows children within a marriage to inherit from their parents. However, under most traditional laws wives are not entitled to inherit the bulk of the estate she shared with her husband in the event of his death. This is particularly the case for high-value property.
Physical Integrity
Female genital mutilation reportedly does not exist in Botswana. Information on the existence of specific legislation is limited.
The law does not specifically prohibit domestic Violence against women and so it remains a serious problem. Under customary law and common rural practices, men have the right to "chastise" their wives. Human rights activists estimate that six out of ten women are victims of domestic violence at some time in their lives. Greater public awareness and somewhat improved legal protection has resulted in increased reporting of domestic violence and sexual assault; however, police intervention is still rare following such reports. While the law prohibits rape in general, it does not recognize the concept of spousal rape. By law, the minimum sentence for rape is ten years, increasing to fifteen years with corporal punishment if the offender is HIV-positive, and to twenty years with corporal punishment if the offender knew his HIV-positive status. Sexual exploitation and harassment continues to be problematic with men in positions of authority, including teachers, supervisors and older male relatives.
Civil Liberties
Women’s Freedom of movement is generally not limited in Botswana.
There is no reported limitation to the women’s Freedom of dress.
Ownership Rights
The Ownership rights of a wife depend on the system under which she was married. A woman married under traditional law or in common property is viewed as a legal minor and requires her husband’s consent to buy or sell property and land, apply for a bank loans, and enter into legally binding contracts. Women married under community of property are permitted to own immovable property in their own names and the law stipulates that neither spouse can dispose of joint property without the consent of the other. Under marriage out of common property, women retain their full legal rights as adults.
Under traditional law, unmarried women fall under the guardianship of their father and upon his death under the guardianship of his heir, who is then also granted ownership of any assets. Some traditional systems have relaxed this rule and now grant unmarried women legal capacity to varying degrees.
In the past unmarried women were required to be assisted by male relatives in their applications for land, but this has changed and they may now have independent and direct Access to land. Married women often control the day-to-day activities in the fields as well as the resulting food products and related income, but usually only during the first few years of marriage. Thereafter, the man and his relatives frequently assert control over everything.
Sources
- CEDAW (2005), Concluding comments of the committee – CEDAW : Benin. 22/07/2005.A/60/38, Committee on the Elimination of Discrimination Against Women.
- IPU (2007), Legislation and other national provisions on FGM, Web : http://www.ipu.org/wmn-e/fgm-prov.htm accessed 26th July 2007.
- MOKOMANE, Z. (2001), Laws affecting Unmarried and Married Women in Botswana : a Theoretical Review, Communication at the international colloquium Gender, Population and Development in Africa, UEPA/UAPS/INED/ENSEA/IFORD, Abidjan.
- UN (2003), Integration of the Human Rights of Women and the Gender Perspective. Violence against Women, Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhila Coomaraswamy, submitted in accordance with commision on Human Rights resulution.
- US. DEPARTMENT OF STATE (2002,2006), Country Reports on Human Rights Practices, Botswan, Bureau of Democracy, Human Rights and Labor
- US. DEPARTMENT OF STATE (2006), International Religious Freedom Report, Botswana, Bureau of Democracy, Human Rights and Labor.
See also
Women and African Economic Development
The Africa for Women's Rights Campaign
Key facts
- CEDAW: ratified in 1996
- CEDAW Protocol: ratified in 2007
- Maputo Protocol: not signed
The Campaign
On 8 March 2009 the "Africa for Women's Rights" Campaign was launched at the initiative of the International Federation for Human Rights (FIDH), in collaboration with fove non-governmental regional organisations: the African Center for Democracy and Human Rights Studies(ACDHRS), Femmes Africa Solidarité (FAS), Women’s Aid Collective (WACOL), Women in Law and Development in Africa (WILDAF) and Women and Law in Southern Africa (WLSA). These organisations make up the Steering Committee responsible for the coordination of the Campaign.
The Campaign aims to put an end to discrimination and violence against women in Africa, calling on states to ratify international and regional instruments protecting women's rights, to repeal all discriminatory laws, to adopt laws protecting the rights of women and to take all necessary measures to wensure their effective implementation.
Country Focus: Botswana
While Botswana has ratified the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and its Optional Protocol, Botswana has so far failed to ratify – or even sign – the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol).
The Coalition of the Campaign is particularly concerned about the following continued violations of women’s human rights in Botswana: application of discriminatory customary laws; access to property; violence against women; access to decision-making positions; access to employment and health services; and the persistence of discriminatory stereotypes and patriarchal attitudes.
Sources
- The Africa for Women's Rights Campaign's Blog
- DITSHWANELO - The Botswana Centre for Human Rights, the campaign focal points in Botswana
- The Africa for Women's Rights campaign
- Shadow report submitted to the CEDAW Committee, Botswana Council of NGOs (BOCONGO), October 2009
- Inter Parliamentary Union
The Women, Business and the Law
Where are laws equal for men and women? 
The Women, Business and the Law report presents indicators based on laws and regulations affecting women's prospects as entrepreneurs and employees. Several of these indicators draw on the Gender Law Library, a collection of over 2,000 legal provisions impacting women's economic status. This report does not seek to judge or rank countries, but to provide information to inform discussions about women’s economic rights. Covering 128 economies, Women, Business and the Law provides data covering 6 areas: accessing institutions,using property, getting a job, dealing with taxes, building credit, and going to court.Read more about the methodology.
For detailed information on Botswana, please visit the Women, Business and
the Law Botswana page.
