1. Populations of concern: data and statistics

1.1 Is the government registering refugees and asylum seekers? If so, with which registration tool?

Refugees are housed in Dukwi refugee Camp, 580 kilometers north of Gaborone. They are registered within the camp by the government of Botswana. The camp is managed by Botswana Ministry of Defence, Justice and Security, who are assisted by UNHCR.¹ The latest official number of registered refugees is 835, of which 13 are asylum seekers awaiting a decision on their claim. The total has dropped from 2833 persons of concern in 2015.² These stats are available from UNHCR in Botswana. They have an office in the camp, and they co-register the refugees. The registration is generally accepted to be accurate. Some refugees apply for and are given permission to leave the camp and live, work or attend school elsewhere. 45 are situated in Gaborone, 36 in Kweneng, and 35 in Francistown.³

1.2 The refugee population registered at the end of the year.

The latest statistics (21 November 2022) available from UNHCR Botswana indicate 835 active refugee cases, 13 of these cases are asylum seekers who await the finalisation of their claim.

1.3 Asylum seeking population registered at the end of the year; provide age and gender breakdown if available.

UNHCR statistics do not make a disticntion between refugees and asylum seekers in their disaggregated data. But as indicated, asylum seekers make up only 13 of the 835 refugees registered in the camp. Children make up 375 of the 835 refugees, representing 45% of the total population. 21 persons are older than 60 years.⁴

Female

• The total number of females is 367, representing 44% of the total refugee population.
• 185 of females are children (age 0 – 17 years), of which 56 are under the age of 4 years, 72 are between the ages 5 to 11 years, and 57 are teenagers between the ages of 12 and 17 years.

Male

• The total number of males is 468, representing 56% of the total refugee population.
• 190 of males are children (age 0 – 17 years), of which 53 are under the age of 4 years, 94 are between the ages 5 to 11 years, and 43 are teenagers between the ages of 12 and 17 years.

Countries of origin

• Somalia: 331 Democratic Republic of Congo: 306
• Burundi: 54 Zimbabwe: 51
• Botswana: 27

UNHCR statistics do not confirm, but the persons of concern who are indicated as having Botswana as their country of origin, are assumed to be the children born in Botswana to refugees or other persons of concern.

1.4 Number of naturalized refugees at the end of the year.

No refugees had been naturalised in Botswana in the past year. The law does not make specific provision for refugees to be naturalised. Refugees are, however, eligible to apply for naturalisation through the regular pathways applying to all foreigners. This includes through marriage combined with long term legal residence. Reportedly, it is uncommon for refugees to be naturalised.⁵ This may be because of section 13 of the Refugees Act which determines that residence as a refugee, shall not be considered ordinary residence, which is necessary to qualify for naturalisation.

Botswana has made a reservation to Article 34 of the 1951 Convention on the Status of Refugees, which deals with the expedited naturalisation of refugees. Nonetheless, Botswana has previously successfully naturalised Angolan refugees. However, according to UNHCR’s submissions to the Human Rights Council in the 2018 Universal Periodic Review (UPR) of Botswana, recently, refugees have faced difficulties in applying for naturalisation: “In the past years only one waiver was granted to a Rwandese national to apply for citizenship. There are also several refugees who are married to citizens of Botswana and submitted applications to be naturalised; some of these applications have been pending with Botswana authorities for ten years. Although these applicants have not received written decisions regarding their naturalisation applications, they have been told by Botswana authorities that their applications are not likely to be approved.”

In a joint submission by the Citizenship Rights in Africa Initiative (CRAI) and the Institute for Statelessness and Inclusion (ISI), a concern is raised around abandoned and orphaned refugee children who have no way to obtain permanent residence and therefore citizenship through naturalisation, as a result.

1.5 Number of repatriated refugees at the end of the year, with a breakdown per nationality.

As of 21 November 2022, the total number voluntary reptraitions was 161. Breakdown by nationality is not available from UNHCR.

1.6 Number of refugees at the end of the year, who departed for resettlement

As of 21 November 2022, the total number of voluntary repatriations was 14.

1.7 Number of ceased refugees at the end of the year, with a breakdown per nationality.

In the three months preceding 21 November 2022, 5 files were closed, and 2 were recorded as inactive. UNHCR data does not dissaggregate by nationality.

2. Legal framework

2.1. International instruments

All the relevant treaties and their ratification status and reservations are available here: https://treaties.un.org/pages/Treaties.aspx?id=5&subid=A&clang=_en

2.1.1 The 1951 UN Convention Relating to the Status of Refugees

Botswana acceded to the 1951 UN Convention on 6 January 1969, subject to the reservation of articles 7, 17, 26, 31, 32 and 34 and paragraph 1 of article 12 of the Convention.

2.1.2 The 1967 UN Protocol Relating to the Status of Refugees

Botswana acceded to the 1967 UN Protocol Relating the Status of Refugees on 6 January 1969.  "Subject to the reservation in respect of article IV of the said Protocol and in respect of the application in accordance with article I thereof of the provisions of articles 7, 17, 26, 31, 32 and 34 and paragraph 1 of article 12 of the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951."

2.1.3 The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa? If so, provide the year of ratification/accession

Botswana ratified this convention on 4 May 1995.

2.1.4 The Convention on the Status of Stateless Persons

The government of Botswana succeeded to this convention on 25 February 1969, with the following reservation: > > "(a) Article 31 of the said Convention shall not oblige Botswana to grant to a stateless person a status more favourable than that accorded to aliens in general; > > (b) Articles 12 1) and 7 2) of the Convention shall be recognized as recommendations only."

2.1.5 The Convention on the Reduction of Statelessness

Botswana has not signed, nor ratified this convention.

2.2. National law

2.2.1 List and upload all legislations and regulations related to asylum and refugee protection as well as migration. PLEASE PROVIDE ALL HYPERLINKS TO DOCUMENTS

1. Botswana’s Refugee (Recognition and Control) Act (official consolidation). Amendments included here are: Act No. 8 of 1967, Act No. 37 of 1967, Act No. 31 of 1970 and Act No. 82 of 1970 (entered into force on 31 December 1970).
2. The Botswana Immigration Act (2010) Repealed acts:
   • Employment of Non-Citizens Act 1981 (Act no. 11)
   • Immigration Act (Law no. 19 of 1966)
3. Botswana Citizenship Act (1998)
4. Botswana Children’s Act (2009)

2.2.2 List and upload all major judicial decisions related to asylum and refugee protection.

Paulin Sefu v Attorney General of Botswana

2.2.3 List and link all strategies and action plans related to asylum, refugee protection, and migration.

None publicly available.

2.3. Definition

Provide definitions set out in national legislation relating to the following categories of persons or concepts:

2.3.1 Refugee

Section 2 of the Refugee Act:

Schedule:

2.3.2 Asylum seeker

Botswana’s Refugees Act does not make reference to asylum seekers. The law does not create a separate category for those who are applying for refugee status, but have not (yet) been granted refugee status.

In section 4(1), however, the Refugees Act refers to those who claim to be a political refugees as “immigrants”. In section 2 an immigrant is defined as any person in Botswana other than a Botswana citizen.

2.3.3 Child

Child means any person who is below the age of 18 years.

2.3.4 Unaccompanied and/or separated child

The Botswana Children’s Act makes provision, in section 42, for children in need of care and protection. It includes in this section, those children who ar not in the care of their parents for a variety of reasons, and makes provision for their protection and placement in alternative care.

2.3.5 Family

The Botswana Children’s Act does not provide a definition for family. It does make provision for the definition for parent as follows: “A parent, in relation to a child means a biological parent, adoptive parent, foster parent or step-parent, but excludes the biological father of a child through rape of, or incest with, the mother of the child; and a parent whose parental duties and rights in respect of a child have been terminated in term sof this Act or by a court.” The Act defines relative as including the child’s “grand-parent, sibling, uncle or aunt, or cousin.”

2.3.6 Victim of trafficking

According to the Anti-Human Trafficking Act (2014), section 2, a victim of trafficking in person who is being or who has been trafficked as defined in section 9. Section 9 defines trafficking as: “Any person who recruits, transports, transfers, harbours, or receives another person by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation of that person commits an offence of trafficking in person.”

2.3.7 Stateless person

The law makes no provision for the definition of a stateless person. However, Botswana is party to the 1951 UN Convention on the Status of Stateless Persons, which in article 1 provides a definition as follows. A stateless person is a person who is not considered to be a national by any State under the operation of its laws. The definition in article 1 is also considered customary international law.⁶ This definition may be applied in Botswana.

2.3.8 Returnee

The Refugees Act does not use the term returnee. Section 7 addresses the right of detained immigrants to leave Botswana. Section 10 addresses the departure of refugees from Botswana.

3. Managing borders and regulating the entry of asylum seeker

3.1. Non-refoulement

3.1.1 Do national laws and regulations incorporate the principle of non-refoulment?

Yes. The Refugees Act makes provision for the principle of non-refoulement in section 9, which states:

Section 6 makes provision for the non-refoulement of asylum seekers before their application is determined.

3.1.2 Do national laws and regulations permit exceptions to the principle of non-refoulment? If so, on what grounds? List of such exceptions if applicable?

Yes. Section 9 provides for an exception in terms of which a recognised refufgee may be removed from Botswana to any country if the Minister deems the removal to be desirable on the bais of national security or public order, or where the refigee has been convicted of a serious crime considered to be a danger to the community.

In terms of section 9(2), a recognised refugee may also be deported in terms of the Immigration Act, in which case section 9(1) would not apply.

3.2. Border control

3.2.1 Do national laws and/or regulations concerning border control and foreigners' entry reflect the difference between persons seeking asylum and those who may otherwise need international protection and those who want to enter the country for other reasons?

No. The Immigration Act does not make any reference to asylums seekers, refugees, nor the Refugee Act. The Refugee Act does not make specific reference to border entries for refugees.

However, the Refugees Act does make provision for the summoning of a person for the purposes of determination of refugee status (section 5). Section 6 provides that a person to be brought before the Section 5 committee shall not be removed from the republic pending the determination of his status as a refugee in terms of section 8.

According to UNHCR, when a person presents themselves at a border or to an immigration official in Botswana, they are brought to the camp, where they will be registered as asylum seekers. A file will be opened, and a date set for the committee to consider their case.

3.2.2 What are the measures related to access to the asylum in the context of a lockdown based on public health concerns or any similar legitimate national consideration?

During the COVID-19 lockdown, Botswana continued to receive newcomers. This is an indication that the country is willing to continue to provide refugee services even during public health crisis.

3.3. Non-penalization

3.3.1 Do national laws and regulations provide for non-penalization for irregular entry of asylum seekers? Or on the contrary, do they provide for penalization for irrugular entry of asylum seekers?

In submissions to the UN Working Group on Arbitrary Detention the Global Detention Project indicates that “Botswana law provides for both administrative detention measures, including for the detention of refugees in certain circumstances, as well as criminal penalties that can include potentially lengthy imprisonment for non-citizens convicted of migration-related offenses like unauthorised entry.” UNHCR confirms that refugees and asylum seekers are held in detention in nearby Francistown, but cannot confirm the number. The Working Group later expressed serious concerns regarding Botswana’s punitive approach towards refugees, asylum seekers and migrants.According to UNHCR, if asylum seekers are encountered by immigration officials, they are taken to the camp regardless of whether they have entered legally or illegally and are processed in the system.

3.3.2 If so, do national laws and/or regulations indicate a period during which the asylum seeker needs to report to the authorities? If yes, what is the precise timeframe?

The law does not specify a time within which an asylum seeker must present themselves to the authorities.

Article 4 of the Immigration Act, however, does require an immigrant to enter the country through a port of entry, and to present themselves to an immigration official upon entry. It seems, therefor, that an asylum seekers is in principle required to present themselves to the authorities immediately upon entry. In practice, it doesn’t seem to make a difference to their claim, whether or not they did so.

It is possible, in theory, to prosecute an asylum seeker, for unlawful entry in terms of section 4(4) of the Immigration Act which determines that entry other than in terms of this section is an offence punishable by a fine and imprisonment.

3.3.3 Do national laws and/or regulations require any other conditions for non-penalization? If so, which one?

No, the laws do not address penalisation.

4. Reception and treatment of asylum seekers

4.1. Reception facilities

4.1.1 Do national laws and/or regulations entitle asylum-seekers to reception facilities? Is the access limited, if so, on which basis? Is the access limited in time, or geographically?

The laws do not make provision for reception facilities. However, Dukwi Camp, an refugee camp 580 kilometers north west of Gaborone is the official reception facility for asylum seekers. It is managed by the government of Botswana, in collaboration with UNHCR. UNHCR has been authorised to open an office with three staff in the camp. The camp is remote. Asylum seekers are transported to the camp by the authorities according to UNHCR. The closest city is Francistown. Asylum seekers and refugees in the camp are provided with accomodation and food.

Dukwi is reported to host approximately 800 refugees mainly from Eastern and Central Africa. They include unaccompanied minors, families and adult men and women. The closest town is Francistown, where another facility is located, the Francistown Centre for Illegal Immigrants. According to the Global Detention Project the Francistown Centre for Illegal Immigrants is a fenced off area of about 280 hectares at Gerald Estate adjacent to the Gerald Estate cemetary lying west of the main road leading to Tati Village in Francistown. It is an administrative immigration detention centre, under the authority of the Department of Immigration and Citizenship, and managed by the Botswana Prison Service. The Centre detains adult men and women, as well as children. The Centre is overpopulated with approximately 534 detainees in a facility with capacity of 504. The media reports grave injustices, including the detention of minors without access to education, and death in detention (https://mg.co.za/article/2018-01-05-prisoners-of-injustice/). According to the UN Working Group on Arbitrary Detention:

“[Detainees’] desperate plight was plain to see. The Group was appalled by their conditions of detention, with lock-up time around 4:30 pm when people are confined to the blocks. There are no purposeful activities and provision for children, especially in relation to education, is lacking. There were numerous credible accounts of widespread violence, including sexual violence involving children.”

4.1.2 Do national laws and/or regulations provide for gender and age-sensitivity in reception arrangements, addressing children's specific needs, such as unaccompanied and separated children; victims of sexual abuse and exploitation; victims of trauma and torture; as well as of other vulnerable groups?

According to UNHCR, there are practices in place in terms of which unaccompanied children are identified. Once identified, they are referred for a best interest assessment (BIA). No particular arrangement is made for victims of sexual abuse and exploitation, victims of trauma or torture. However, the Refugee legislation does not make provision for special measures for the protection of these groups. Botswana has an extensive Children’s Act which covers a vast aray of rights, but also refers specifically to refugee children in section 53: “The Minister shal provide or cause to be provided, for refugee and displaced children, such basic social services as are necessary for their survival and sustenance”. This provision on its own does not make provision for special measures of protection at reception centres. No additional legislation nor policy addresses such measures.

The UN Committee on the Rights of the Child has commented on the rights of refugee children The Committee reports that it: “welcomes the relocation of refugee children from Francistown Centre for Illegal Immigrants and that refugee children have access to education and free health services. Nonetheless, the Committee is seriously concerned that asylum-seeking and refugee children and families, as well as unaccompanied children, will continue to be subjected to mandatory and prolonged detention.” The Committee urged Botswana to: “(a) Prohibit the detention of refugee and asylum-seeking children and adopt alternatives to detention in order to allow children to remain with family members and/or guardians in non-custodial, community-based contexts, consistent with their best interests and their rights to liberty and a family environment; (b) Strengthen measures to ensure full access of all asylum-seeking and refugee children to health services and education.”

4.2. Detention and alternative(s) to detention

4.2.1 Do national laws and/or regulations provide for the detention of asylum seekers? How is the detention defined?

Yes. The Refugees Act makes provision for the detention of asylum seekers and refugees.

Section 9 states that a refugee who is liable to be removed from Botswana under the Immigration Act, may be detained. The Act does not define detention, but it does say that the Minister may determine where and how refugees are detained.

Section 6 of the Refugees Act states that where the Minister is still considering a person’s status as a political refugee and such person is liable to being removed from Botswana under the provisions of the Immigration Act, that person may not be removed from Botswana pending this determination. The law limits the amount of days a person may be detained to 28 days. Such a person will still be allowed to depart from Botswana for the purpose of entering another country, subject to the conditions set out in section 7 of the Refugees Act.

4.2.2 Do national laws and/or regulations authorize the detention of children?

No. There is no provision in law which allows children to be detained. However, the UN Working Group on Arbitrary Detention visited the Francistown Detention Centre for Illegal Immigrants in 2022. They issued a report confirmimg that children are children are indeed detained, and report having suffered violence and ill treatment in the Centre. Unaccompanied minors are among those who are being detained.

4.2.3 Are the detention conditions set out in the laws and regulations? Are asylum-seekers accommodated together with persons accused or convicted of criminal offenses?

Detention conditions are not set out in the law. It is possible for refugees to be detained in terms of the Immigration Act, and so they are liable to be detained with others who have contravened the Immigration Act. According to UNHCR, there are still a number of refugees who are being detained, but that UNHCR has no access to that detention centre at present. It is therefore difficult to say how many people are being detained, what the conditions are and whether they are being detained with other accused or convicted persons. It is hoped that access may be granted to UNHCR for the purposes of monitoring.

Following a visit to Botswana by the UN Working Group on Arbitrary Detention (WGAD) in 2022, it expressed serious concenrs about the country’s approach to refugees, asylum seekers and migrants,s aying that it is punitive. The WGAD "urged Botswanan authorities to revise its policies to ensure that immigration detention is used as an exception, for the shortest period of time, and following an individualised assessment of the need to detain. The UN body also urged the country to improve detention conditions and cease the detention of children and families."

Regarding the conditions in the Centre, the UN WGAD commented: “[Detainees’] desperate plight was plain to see. The Group was appalled by their conditions of detention, with lock-up time around 4:30 pm when people are confined to the blocks. There are no purposeful activities and provision for children, especially in relation to education, is lacking. There were numerous credible accounts of widespread violence, including sexual violence involving children.”

The UN Human Rights Committee has reported on the detention policies and practices in Botswana. Their concerns about the following: (a) reports of expulsions of migrants and asylum seekers, including those in need of international protection, without carrying out the necessary individual assessments; (b) reports of refusals to issue identification documents to asylum seekers, who risk being arrested and deported on account of lack of documentation; (c) reports that the majority of unsuccessful asylum applications have been rejected solely on the basis of the concepts of “first country of asylum” or “safe third country”; (d) reports of the mandatory and prolonged detention of asylum seekers at the Francistown Centre and the obligation for refugees to reside in the Dukwi camp, without access to the labour market outside the camp; and (e) the fact that current legislation governing citizenship does not provide adequate safeguards for the prevention of statelessness, including because it does not guarantee the acquisition of Botswana nationality for children born in Botswana or foundlings who would otherwise be stateless (arts. 2, 7, 9–10, 13 and 24).

4.3. Assistance

4.3.1 What type of assistance is provided? Is food, clothing, accommodation and medical care, social counseling, and legal aid provided?

Refugees and asylum seekers in the camp are provided with food, accomodation and basic medical care. Clothes are not provided, but can be bought from the Spaza stores in the camp, run by refugees. Sometimes UNHCR may receive a donation of clothing and provide it to the inhabitants of the camp. Botswana has legal aid in place for its citizens, but these services are not available in the camp. According to UNHCR, there is no legal partner to provide legal services in the camp. Legal representation is not forbidden in law, but according to UNHCR, no one has access or has had access to such services. Counselling is not accessible in the camp.

4.3.2 Is assistance free of charge?

Accommodation, food and medical services are free.

4.4. Asylum seekers rights

4.4.1 Do national laws and regulations provide for respect the family unity?

No. The Constitution does not provision for this right. The Children’s Act only makes provision for the child’s right to know and be cared for by their parents (section 13).

However, Botswana is party to the African Charter on Human and Peoples’ rights which does contain the right to family unity and protection (section 18).

4.4.2 What rights do national laws and regulations provide regarding asylum-seekers in the field of health care, work, education, and freedom of movement?

Botswana has made a reservation to Article 17 of the 1951 Refugee Convention which requires State Party to allow refugees to work. Neither the Refugee law not the constitution provides for specific rights for refugees. UNHCR has made the following submissions in the Universal Periodic Review of Botswana in 2017:

“As refugees do not have access to work permits, they are unable to be self-sufficient. This means that refugees may resort to working in hazardous jobs in the informal labour market to provide for themselves and their families, and are also likely to be subject to exploitation as they may not be protected by relevant national labour laws. Access to employment is in the interest of both the host country and the beneficiaries of international protection. It removes the incentive of unofficial employment; contributes to self-reliance; promotes integration in the host community; and provides people with an opportunity to develop their skills and experience. Employment provides the individual not only with an income, but also with independence, social status and recognition. In addition, providing access to the labour market can discourage informal employment and can facilitate reintegration into the country of origin, if voluntary repatriation becomes feasible, by allowing refugees who return home to do so with a degree of financial independence or acquired work skills.”

According to UNHCR Botswana, refugees may be granted authoirisation to work on a similar basis as other foreigners, but must be authorised by the Minister. If allowed by the Minister to work outside of the camp, the Minister can attach a condition in terms of which the refugee must report to the camp every 6 months for a review of his authorisation.

Children are entitled to the rights to health care and education in terms of the Cihldren’s Act. This act does not differentiate between citizens and foreign children.

The Constitution makes provision for the right to freedom of movement, but also makes provision for the explicit exclusion of non-citizens from this right.

A primary and secondary school makes provision for education in the camp. A health clinic is open on Mondays and Fridays inside the camp. Families are placed together in accomodation.

4.4.3 Do national laws and regulations provide for right to access to UNHCR?

No. No law refers to UNHCR, or similar organisations.

4.5. Child best interest

4.5.1 Are there procedures to determine children's best interests, if so describe same.

Yes. According to UNHCR, there is a machanism for best interest determination (BIA) in the camp. It is done by UNHCR and its implementing partners in the form of a panel considering the cases. The BIA is currently informal, and arranged by UNHCR. UNHCR convenes a panel of experts which work together to determine the best interests of each individual case.

4.5.2 Are there procedures to prevent children's separation from their families and facilitate family tracing and reunification for those who have become separated? If so, describe them.

Yes, family tracing is done by the Botswana Red Cross. Detainees ar Dukwi camp and Francistown Detention Facility for Illegal Migrants use family-links services provided by the Botswana Red Cross, with ICRC financial and technical support, to exchange messages with relatives. The Restoring Family Links program within Botswana Red Cross is responsible. A person in the Dukwi camp would be able to request family tracing through the UNHCR office in the camp. As UNHCR is not authorised to visit the Francistown Detention Centre, a detainee would only be able to request such swervices if visited by the Red Cross or ICRC.

4.5.3 Is birth registration and documentation provided for all children?

Yes. Children and adults are provided with documentation.

5. Refugee Determination Procedures

5.1. Procedural guarantees

5.1.1. Do national laws and regulations designate an expert authority responsible for examining refugee status applications and making a decision in the first instance? If so, which one, and what is its administrative status (administrative or quasi-judicial)?

Yes, the Refugees Act makes provision for an administrative committee with the necessary powers to adjudicate a refugee claim (section 4 and 5). They read as follows;

5.1.2 Do national law and regulations provide that asylum-seeker should receive information and guidance as to the procedure to be followed in a language and manner he or she understands?

There is no law which makes provision for this. However, according to UNHCR, interpeters are employed within the camp for this purpose.

5.1.3 Do national laws and regulations provide asylum-seekers with assistance, including competent interpreter's services, access to free legal advice and representation, for submitting their claim to the relevant authorities?

No. The laws do not make provision for these services. However, interpretation is provided. Legal representation is not available in Dukwi Camp, nor Francistown Detention Centre for Illegal Immigrants .

5.1.4 Do national laws and regulations provide that asylum-seekers be given access to their personal interview report and that their approval should be sought on the contents of such report to avoid misunderstandings and clarify possible contradictions?

No. The laws do not contain such provisions.

5.1.5 Is free legal aid available?

No. Government-sponsored legal aid is not available to refugees.

5.2. Confidentiality

5.2.1 Do national laws and regulations provide for the confidentiality of personal information?

No. The refugee law does not make provision for the confidentiality of personal information. However, the Data Protection Act (32 of 2018), (“the DPA”) The DPA regulates the protection of personal data in general and ensures that the privacy of individuals in relation to their personal data is maintained. The DPA came into effect on the 15th of October 2021.

5.2.2 Do national laws and regulations provide that disclosure of personal information should be subject to the informed consent of the refugee or asylum-seeker and respect other data protection principles?

No consent is required by the refugee laws. However, section 15 of the Data Protection Act requires the consent of a person when sensitive personal information is diclosed.

5.2.3 Do national laws and regulations provide that all staff, including border guards, security staff, reception center staff, counsellors, interpreters, legal advisers, and medical practitioners who work with asylum-seekers and refugees, have a duty of confidentiality for information received from or about asylum-seekers and refugees?

No, not in terms of law, nor according to UNHCR.

5.3. Registration

5.3.1 Are all members of an asylum-seeking household registered?

Yes, according to UNHCR all members of an asylum seeking family is registered. Each is given their own document, including children.

5.3.2 Do national laws and regulations contain any direct or indirect obstacles that prevent individuals in detention, including immigration detention, from submitting an asylum claim?

There are no laws which prevent individuals in detention from submitting an asylum claim. However, without legal representation, it is unlikely that a claim would be submitted. UNHCR, having no access to the detention centre, is not able to facilitate applications either.

5.3.3 Do national laws and regulations provide that claims submitted at the border, including airports, be assessed based on a particular border procedure? If so, what is the process?

There is no specific procedure for claims submitted at borders in the law.

5.3.4 Do border officials register asylum claims, or are they required to refer persons seeking asylum to the designated authority?

No. There is no border monitoring. Asylum seekers are taken straight to detention or to the camp from any border.

5.3.5 Are asylum-seekers and all family members accompanying them registered and issued with appropriate individual documentation, which reflects their status as asylum-seeker(s) and remains valid until the final decision of their asylum application(s)?

Yes, the entire family is issued with individual documents reflecting their status.

5.3.6 Can asylum claims be submitted at the border? If so, do national laws and regulations provide that asylum seekers who apply at the border are admitted into the State's territory and given a temporary right to remain there until a final determination on the asylum application?

No, asylum claims cannot be submitted at the border. The asylum seeker is taken to the camp where they apply.

5.3.7 Can asylum claims be lodged irrespective of whether or not concerned individuals possess personal identity or travel documents?

Yes. According to UNHCR most asylum seekers apply without a passport or other travel document. There is no law prohibiting it.

5.3.8 Where female asylum-seekers are accompanied by adult male relatives, are they informed in private and in a language they understand that they may have a valid claim in their own right and that they have a right to make an independent asylum application at any stage?

No. According to UNHCR heads of households are interviewed only. The rest of the members are treated as dependents of the head of the household.

5.4. Admissibility procedures

5.4.1 Do national laws and regulations contain automatic barriers to the examination of the substance of asylum applications? If so, what are they?

No automatic barriers are contained in the law. The Refugee Act gives quite broad powers to the Committee to decide on the process and the substance.

5.4.2 What time limit is imposed for the submission of an asylum claim to the authorities?

No time limit is set in law. As proposed above, there may be a requirement that an asylum seeker present themselves to the authorities immediately upon arrival, but failure to do so does not seem to hinder their application.

5.4.3 Do national laws and regulations provide for the application of the first country of asylum concept? If so, does it provide for an individual assessment as to whether the protection in such ‘first country of asylum’ is both still genuinely available and effective?

The law does not make provision for the concept of first country of asylum. However, UNHCR records such practice in its submissions in the UPR in 2017. According to UNHCR: The Government of Botswana also applies a stringent policy on the concept of “first country of asylum” and “safe third country” that affects all asylum-seekers having transited through another country. Dismissing claims as inadmissible on the basis of these concepts before looking at the merits of the claim results in a rejecting rate of at least 92 per cent. Transfer to the “first country of asylum” or “third safe country” require application of safeguards, and would not be appropriate where they represent an attempt, in whole or part, by a 1951 Convention State party to divest itself of responsibility. Nonetheless, they are used as an excuse to deny or limit jurisdiction and responsibility under international refugee and human rights law.6"

5.4.4 Do national laws and regulations provide for the possibility of declaring an application inadmissible on the basis that a third country is responsible, i.e., a country of transit or previous stay (safe third country concept)?

No law addresses this concept specifically. However, the Refugees Act does make provision for the Minister to make a decision to remove a refugee to any country under if he considers it to be in the interest of national security or public order (section 9(1)).

5.4.5 If so, do national laws and regulations provide for an individual assessment of whether the asylum-seeker can safely be sent to such third country, and is the applicant given sufficient opportunity to rebut the presumption of safety?

Section 9(1) of the Refugees Act states that a refugee must not be removed from Botswana “except to a country approved by the Minister, being a country in which, in the opinion of the Minister, the life or freedom of the refugee will not be threatened on account of his race, religion, nationality or membership of a particular social group or political opinion”.

5.4.6 Do national laws and regulations define "safe third country"? If so, what is the definition?

Although the law does not specifically refer to a third country principle. It prohibits the removal to a third country if it is not threatening to the life or freedom of the refugee (section 9(1)).

5.5. Adjudicating claims

5.5.1 Do national laws and regulations provide that the credibility assessment must be conducted on an individual basis considering the asylum seeker's personal and contextual circumstances?

Section 5(1)(c) of the Refugees Act empowers the Committee to examine any person appearing before it on oath or otherwise. Section 5(2) allows the committee to find a person in contravention of this section. Read together these two provisions may be said to allow the committee to weigh evidence and judge credibility individually. The law does not require the committee to take into account the asylum seeker’s personal and contextual circumstances.

5.5.2 Do national laws and regulations provide that the credibility of the asylum seeker's statements relating to each material element must be assessed with reference to credibility indicators? If so, which indicator(s)?

No. There are no legal requirements to that effect.

5.5.3 What is the standard of proof set in legislation or in practice to assess credibility?

The legislation does not make provision for standard of proof.

5.5.4 Do national laws and regulations have provisions on the decision-making process?

The Refugees Act only makes provision for the powers of the Committee, which are listed in section 5 as follows:

5.5.5 Where a family seeks asylum, are the applications of family members and other dependants assessed on their own merits irrespective of whether the principal applicant is recognized as a refugee or not?

According to UNHCR the head of the family is normally interviewed and their claim assessed. The rest of the family are considered dependents.

5.6. Interview and decision making at first instance

5.6.1 Do national laws and regulations provide that an interview must be conducted with asylum-seekers to assess their claim?

Section 8 of the Refugees Act allows the committee to summon the asylum seeker for an enquiry. However, it does not compel the committee to do so. Refugee status determination (RSD) is conducted by the Refugee Advisory Committee (RAC) which prepares a recommendation to be approved by the Minister of Justice, Defence and Security. RAC is mainly composed of officials from the Ministry of Defence and Security, which means that RAC members often do not have any expertise regarding refugee law.

5.6.2 If so, do national laws and regulations provide for each adult asylum-seeker to be given a personal interview before a decision is made by the authority responsible for adjudicating asylum claims at first instance?

The laws make no such provision. According to UNHCR, only heads of households are interviewed.

5.6.3 Does the central asylum authority provide reliable, accurate, and up-to-date country of origin information to enable decision-makers to appropriately assess the claim?

No information was found to support this.

5.6.4 Do national laws and regulations provide that asylum-seekers are given access to their personal interview report, and that their approval should be sought on the contents of such report to avoid misunderstandings and clarify possible contradictions?

No, the law does not make provision for this.

5.7. Accelerated procedures

5.7.1 Do national laws and regulations provide for accelerated procedures? If yes, for what sort of claim?

No, the law does not make provision for accelerated procedures.

5.7.2 Describe the features of these procedures in comparison with the standard procedure.

N/A

5.8. Appeal and remedy

5.8.1 Do national laws and regulations provide for appeal? If yes, within what timeframe? When does the period for lodging an appeal begin to run?

The law does not make provision for appeal of a refugee status decision. But, a discretionary review of first instance decisions is available by the Minister, but there are no procedural rules or timeframes regarding this review process.

5.8.2 Do national laws and regulations designate an authority responsible for assessing appeals? What is its administrative status (administrative or judicial)? Is it independent from the first instance authority?

No. Appeals are non-existent. According to UNHCR, a new Refugee Recognition Bill is currently at the Attorney General’s desk for consideration. It has not been passed, but apparently it contains provisions which will constitute an Appeals Board. It may also allow relaxation of the encampment policy.

5.8.3 Are the reasons for not granting refugee status, whether in fact or law, stated in the decision? Is such information shared with the asylum-seeker in writing as soon as possible to allow him/her to lodge an informed appeal? Is the asylum-seeker informed verbally in a language he or she understands of the reasons for the decision, his or her right to appeal an adverse decision, and the applicable timeframes and procedures for such appeal?

No reasons are given for the decision.The Act does not require the decision maker to provide written reasons.

5.8.4 Does the appeal permit considerations of both fact and law based on reliable, accurate, and up-to-date information?

Not applicable. No appeals process is available.

5.8.5 Is an appeal interview or hearing provided to allow the asylum-seeker to present and be questioned on the appeal stage's evidence?

Not applicable. No appeals process is available.

5.8.6 Does the appeal have a "suspensive effect," that is, the asylum-seeker is allowed to remain on the territory until a final decision on the appeal has been made?

Not applicable. No appeals process is available.

5.9. Asylum seekers with specific needs

5.9.1. Children

- Do national laws and regulations provide for special measures for asylum-seeking children?

Section 53 of the Children’s Act makes specific provision for refugee children:

“The Minister shall proivde or cause to be provided , for refugee and displaced children, such basic social services as are necessary for their survival or sustenance.” These are special measures in as far as it provides a right and a duty with regards to refugee children, to which refugee adults are not entitled in terms of any domestic law.

- Are they processed on a priority basis in the regular procedure with reduced waiting periods at each stage of the asylum procedure and is every effort made to render a decision promptly and fairly, as they will often have special protection and assistance needs?

According to UNHCR children are not processed on a priority basis, but where children are found to be unaccompanied, they are referred for a best interest determination. The committee does not interview children.

- Are children principal applicants in an asylum procedure entitled to a properly trained legal representative able to support them throughout the procedure?

No. According to UNHCR there is no legal assistance available for refugees.

- If a child's age is in doubt, is an age assessment conducted? If so, by whom and what is the procedure?

Age assessment is not done for child refugees in the camp.

5.9.2. Person with disabilities

- Are there special measures for the treatment of their claims? Are they treated as a priority? Are they allowed to be accompanied by a representative or guardian?

The law does not make specific provision for refugees with disabilities. Such persons are, however, referred to a UNHCR social partner for assistance.

5.9.3. Women

- Where women asylum-seekers are accompanied by male relatives, are they informed in private and in terms they understand that they may have a valid claim in their own right and that they have a right to make an independent asylum application at any stage?

No, women are not informed of their right to apply independently of the male relative who accompanied them. Only the male who is also the head of the household is usually addressed.

5.9.4. LGBTIQ

- Are claims lodged by lesbian, gay, bisexual, transgender, or intersex, queer (LGBTIQ) individuals treated in priorities? Are claims related to LGBTIQ admitted and processed on merits?

The law does not make provision for anything related to LGBTIQ individuals. According to UNHCR staff they have never come across a case where a refugee was claiming refugee status on this basis. There are likely LGBTIQ refugees in the camps, but they are not seen. Same sex sex was only recently decriminalised in Botswana. The subject is still very taboo.

5.10. Recognition of refugee status

5.10.1 What is the average processing time, from the asylum claim registration to the decision on refugee status?

Normally, the committee sits every quarter (every three months). This means that depending on when a person applies, they may have a decision as soon as within 3 months of application. If there is a backlog an applicant may need to wait for the next sitting for a decision to be made. In theory thus, a person can wait three to six months for a decision. In practice, its more likely to be closer to three months, than six months.

Before the new committee was established, asylum seekers used to wait much longer for decisions. According to UNHCR, there was a backlog of decisions in the past. There is a question as to how the backlog was resolved. There are concerns that those in the backlog are in detention at the centre where UNHCR is not allowed to monitor.

5.10.2 What type of residence does the legislation provide to refugees?

Refugees are provided with refugee status, which allows them residence in the camp.

5.10.3 For how long is the refugee status granted?

Refugee status is granted for one or two years, and is renewable.

5.10.4 Is provision made for the issuance of individual identity documents certifying their status? What is the duration of such documents?

Yes. Each individual is issued with a camp card.

5.10.5 Are ID cards also issued to family members recognized as refugees based on derivative status?

Yes. Each member of the family will have thei rown camp card.

5.10.6 Is the refugee status affected by a change in family status or by the marriage, divorce, or legal separation of a family member, the death of the head of the family, or attainment of the age of majority?

No. Family members retain their status even after the death or remarriage of a princicple applicant.

5.11. Recognition of alternative status

5.11.1 Do national laws and regulations provide for any form of complementary or temporary protection? If so, which one(s) and on which ground(s)?

No. There is no such provision in the law.

5.12. Exclusion, cancellation, revocation, and cessation

5.12.1. Exclusion

- Do national laws and regulations provide for the exclusion from refugee status? If so, on which grounds?

At determination phase, there are no laws which make provision for exclusions. However, the Refugees Act makes provision for the Minister to remove a refugee from Botswana. Section 9 provides for an exception in terms of which a recognised refufgee may be removed from Botswana to any country if the Minister deems the removal to be desirable on the bais of national security or public order, or where the refigee has been convicted of a serious crime considered to be a danger to the community.

- If the ‘serious non-political crime’ is a ground for exclusion, does domestic legislation contain a definition of same? If so, which one?

Section 9 only refers to a serious crime. It is not accompanied by a definition, except to say that it should be considered a danger to the community.

- Is exclusion considered in the context of a determination of the admissibility of a claim?

It is possible, but no law requires it.

- What is the standard of proof for the exclusion?

The law does not indicate the burden of proof.

5.12.2. Cancellation

- Do national laws and regulations permit the authorities to consider the cancellation of refugee status? If so, what are the substantive grounds for cancellation set out in law?

The law does not make provision for cancellation, but it does happen in practice, according to UNHCR. The grounds are not clear.

UNHCR has written to the government regarding several cancellations which were affected without reasons.

- Is a person whose refugee status is canceled given access to a procedure for determining whether he or she qualifies for refugee status at present? If so, does it happen within the cancellation procedure or in separate proceedings?

There is no process beyond the cancellation.

- Is the person provided with the assistance of an interpreter, if required?

Interpreters are availabel in the camp for purposes such as this.

- Is the person allowed, legal counsel?

No, mainly because no appeal is allowed, but alse because there is no legal help available in general.

- Is the person provided a right to appeal or review such a decision by a different person or entity?

No. No appeals are available.

- Does refugee status remain in place until a decision to cancel it has become final?

No, but the refugee may be allowed to reside in the camp until such time as they can be deported or they leave voluntarily.

5.12.3. Revocation

- Do national laws and regulations contain provisions for the revocation of refugee status? If so, on which grounds?

No, but in practice, the refugee status is reviewed every two years, after which the committee may revoke the status shoud they no longer qualify for Refugee Status.

- Do national laws and regulations require that the affected individuals are informed of the reasons for revocation of the refugee status?

No, the law does not require reasons to be given.

- Is the affected person provided with an opportunity to challenge the decision? If so, does it happen before the authority responsible for determining refugee status? Does the person have the opportunity to appeal with suspensive effect to a higher authority?

As in all other cases, no appeals are allowed.

- Is the person provided with the assistance of an interpreter, if required?

Any refugee has access to the assistance of a interpreter.

- Is the person allowed legal counsel?

No, they are not allowed legal counsel, nor is any available to them.

- Does refugee status remain in place until a decision to revoke it has become final?

Not applicable.

5.12.4. Cessation

- Do national laws and regulations provide for cessation? If so, on which grounds?

The law does not make provision for cessation.

- Do national laws and regulations provide for an exemption for refugees who are able to invoke compelling reasons arising out of previous persecution for refusing to return to their country of nationality or former habitual residence?

No, the law does not. However, it is open to refugees to apply for longer term residence based on a marriage to a citizen for instance. The Refugee Act specifically states that reisdence as a refugee does not count as habitual residence for the purposes of immigration.

- Do national laws and regulations require that each affected individual be informed of the reason for cessation of status and provide an opportunity for him or her to challenge the decision? If so, which authority is responsible for receiving the application? Do laws and regulations provide an opportunity for an appeal with suspensive effect to a higher authority?

No, the law does not make proivions.

- Do national laws and regulations contain provisions requiring authorities to consult with UNHCR when considering the cessation clause's application?

No.

5.13. Persons found not to be in need of international protection

5.13.1 Are persons found not to be in need of international protection forced to return? If so, is the concerned person detained before removal?

Yes, and they may be detained before removal. According to section 9(2) such a person may be detained. Particularly if there may be a delay in the deportation.

5.13.2 Are removal orders in writing and shares with concerned individuals? Do such orders provide the legal and factual grounds on which they are based and the available remedies?

No.

5.13.3 Has the State signed a readmission agreement? If so, with which country(ies)?

No.

6. Rights of refugees

6.1. Principle of non-discrimination

6.1.1 Is the principle of non-discrimination set out in law?

Yes, section 15 of the Botswana Constitution makes provision for the right not to be discriminated against. However, it excludes non-citizens from this right.

6.1.2 Is there legislation aimed at combating racism, racial discrimination, xenophobia, and related intolerance? If so, does it include refugees?

No.

6.2. Obligations and rights of refugees

6.2.1 Are refugees issued with a travel document if required? What is format of such document, and what is its duration? What are the fees charged, if any?

Only if they want to leave Botswana permanently are they issued with travel documents.

6.2.2 Do national laws and regulations provide for freedom of movement?

Refugees are not issued with passports. This has posed problems recently. UNHCR staff reports cases where young people have opportunities to study abroad, but are not able to go, because of the lack of a passport. UNHCR met with government on this issue and await feedback.

6.2.3 Do national laws and regulations permit refugees to choose their place of residence and move freely within the territory? Is there an encampment policy in place? Are there designated areas or settlements for refugee residence?

An encampment policy is in place. All refugees and asylum seekers are required to stay within Dukwi camp. Dukwi camp is a designated camp for refugees and asylum seekers. They may not move freely outside of the camp. If a refugee wishes to work or study outside of the camp, they must obtain authorisation from the authorities which must be renewed every 6 months.

6.2.4 Do national laws and regulations provide for family unity? What means of proof for family relationship are accepted?

No, the laws do not make provision for fanily unity. However, in practice families are kept together. Proof of relation does not seem to be an issue which presents a barrier.

6.2.5 Do national laws and regulations provide for the civil registration of children born in the country? In practice, what is the birth registration rate amongst the refugee children population?

Yes, all children are entitled to birth registration, even in the camp. Botswana’s birth registration rates are quite high at 88% average in the past years. There is no disaggregated data, but according to UNHCR birth registration in the camp is efficient.

6.2.6 Do national laws and regulations provide for freedom of religious practice and religious education?

Yes. Section 11 of the Constitution protects the right to freedom of religion.

6.2.7 Do national laws and regulations provide for equal access to public elementary education?

Section 18 of the Children’s Act provides for the right to education. Every child has the right to free basic education. The section does not exclude refugee children. In practice, children are attending school in the camp.

6.2.8 Are refugee children included in national child protection systems?

Refugee children are not expressly included in all protection systems. However, the Children’s Act does require them to be provided with basic social services.

6.2.9 Do national laws and regulations provide for equal access to secondary education and university?

No.

6.2.10 Do public relief/social assistance laws include refugees?

No. But social relief is provided within the camp.

6.2.11 Do national laws and regulations provide for access to courts and legal assistance for refugees?

No. There is no law which enables legal representation.

6.2.12 Do national laws and regulations provide for access to artistic rights and patent rights?

Yes, through the Industrial Property Act.

6.2.13 Do national laws and regulations provide for the acquisition of movable and immovable property?

Yes.

6.2.14 Do national laws and regulations provide for the right to work and the right to own a business?

No.

6.2.15 Do national laws and regulations provide for financial inclusion?

No.

6.2.16 Do national laws and regulations include refugees in Labour legislation and social security?

No.

6.2.17 Are refugees with disabilities included in relevant policies and programs providing access to requisite services?

No.

6.2.18 What are refugee duties to the country of his or her refuge?

Refugees are required to obey the laws of the country and to remain within the camp. If a refugee is residing or working outside of the camp with authorisation to do so, they must report to the camp every six months. Officials will assess whether you are still compliant with yout permit conditions.

6.2.19 Are refugees required to obtain an exit visa to depart the country for resettlement or other purposes?

Yes. The govenrment issues them to a refugee.

6.2.20 Are there nationality limitations on the granting of such visas?

6.3. Managing mass influx and emergencies

6.3.1 Do national laws and regulations provide measures to manage mass influxes?

NO provision is made in law for mass influx.

6.3.2 Do national laws and regulations provide for procedures to respond to mass influx situations?

No.

6.3.3 Do national laws and regulations provide for prima facie status?

No.

6.3.4 Do national laws and regulations provide for identification, disarmament, and separation of combatants from the refugee population and internment at a safe location from the border?

No.

6.3.5 Do national laws and regulations provide special protection and assistance measures for children formerly associated with armed forces or groups regarding their demobilization and rehabilitation?

No.

7. Durable solutions

7.1. Voluntary repatriation

7.1.1 Is there any legal and administrative framework on voluntary repatriation that sets out related refugees' rights and entitlements?

Yes. The government if very coopoerative in voluntary repatriation. UNHCR arranges for reintegration packages. The government of Botswana will typically pay for the travel tickets.

7.1.2 Do repatriation arrangements guarantee family unity?

Yes. Repatriation is done with the entire family.

7.1.3 Do repatriation arrangements identify and address returning refugees' specific needs – including women, children, older people, persons with disabilities, and others with particular concerns?

Yes, this is taken into account in the re-integration packages.

7.1.4 Do repatriation arrangements guarantee that unaccompanied or separated children do not return unless they are returning to family members or other specific and adequate reception facilities, and that adequate care arrangements have been put in place?

UNHCR staff reported that they have not dealt with a repatriation case for unaccompanied children.

7.1.5 Do repatriation arrangements guarantee that refugees receive updated and accurate information on the country of origin?

Yes

7.1.6 Are refugees required to obtain an exit visa to depart?

Yes.

7.2. Local Integration

7.2.1 Are measures in place that make it possible for refugees to be self-reliant; if so, which ones?

Not enough. This is difficult while having to be in the camp. Refugees own all the spaza shops in the camp.

7.2.2 Does nationality legislation facilitate the naturalization of refugees? If so, what are the measures in place?

No.

7.2.3 Can refugees or former refugees acquire permanent residence? If so, what are the requirements, including documentation requirements?

In principle, yes, a refugee can apply for permanent residence like any other non-citizen. However, the Refugees Act makes it very clear that residence while being a refugee does not count towards habtiual residence, which is a requirement for permanent residence and naturalisation.

7.2.4 Does nationality legislation provide for the acquisition of the nationality for refugee children born in the country immediately at birth or before/upon majority?

Neither.

7.2.5 Do national laws or policies allow refugees to access, or prevent them from accessing, any active migration or skilled entry schemes?

No, refugees are eligible to apply for other visas.

7.2.6 Are there any arrangements to recognize academic, professional, and vocational diplomas and certificates acquired by refugees in their country of origin?

No, according to UNHCR.

7.2.7 Are refugees and their host communities included in national development plans?

No.

7.2.8 Are there any measures to enhance the empowerment of displaced women and girls including promoting women's leadership, strengthening women's and girls' capacities, especially by enabling their access to quality education, and enhancing their food security, livelihood opportunities, and freedom of movement and economic independence?

Yes, UNHCR partners have projects for girls and young women. There are many initiatives for girls in the camp.

2018 - Adopt legislative measures, administrative measures and programmes which ensure the registration of all children born within its borders regardless of their parents’ migratory status or nationality including refugees, foundling children and those born outside of hospitals (Mexico).

2018 - Amend the Citizenship Act and the citizenship regulations in accordance with the Convention on the Rights of the Child, so as to ensure every child’s right to a nationality (Belgium).

2018 - Lift its reservations on the 1951 Convention on the Status of Refugees with a view to amending the policy of holding asylum seekers and refugees in camps and providing them with work permits and decent job opportunities (Honduras).

2018 - Adopt legislative and normative acts to ensure the rights of all children to acquire citizenship and ensure that no child is born stateless (Russian Federation);

2018 - Amend its legislation in order to grant nationality to any child born in Botswana who would otherwise be stateless as well as to foundlings (Sierra Leone).

2013 - Maintain the positive efforts aiming to find durable solutions by way of repatriation, reintegration and resettlement of refugees (Egypt)

2013 - Improve the reception conditions, health care, access to water and sanitation, adequate housing and food, for refugees, make sure that refugees are not repatriated in case that their lives are in danger in their country of origin, and promote, through public policies, their total integration into the society out of the refugees camps (Ecuador)

2013 - Continue its engagement with improving the rights of refugees (Uganda)

2013 - Consider the possibility to seek further international cooperation in order to find sustainable solutions in the area of refugees law (Paraguay)

2013 - Seek support and assistance from international institutions in dealing with the challenges that constrain the effective realization of certain rights, particularly the right to education and the protection of refugees (Burkina Faso)

2008 - Take action to address the non-coverage of anti-retroviral treatment for refugees (Tanzania)

2008 - Work to end the practice of detaining asylum-seekers in prisons owing to lack of space (Ireland)

2008 - Enable migrants and refugees to benefit from the pilot project to fight HIV-AIDS (Algeria).

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1. Overview available at https://www.unhcr.org/botswana.html#:~:text=In%20Botswana%2C%20760%20refugees%20and,by%20three%20UNHCR%20protection%20staff .↩︎

2. See UNHCR country statistics on Botswana 2015. Available at chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.unhcr.org/524d806c9.pdf↩︎

3. All 2022 statistics are obtained from UNHCR. These are internal figures which will be published after end of 2022.↩︎

4. UNHCR 21 November 2022 internal statistics. Not yet published.↩︎

5. Information obtained from UNHCR Botswana protection officers.↩︎

6. International Law Commission Articles on Diplomatic Protection with commentaries (2006) 49.↩︎