Refugee and asylum seeker demographics by gender

Refugee and asylums seeker demographics by countries of origin

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.

2.1.2 Current reservations made

In terms of the 1951 UN Convention Relating to the Status of Refugees, Botswana has made reservations with regards to articles 7, 17, 26, 31, 32 and 34 and paragraph 1 of article 12 of the Convention.

With regards to the 1967 UN Protocol Relating to the Status of Refugees, Botswana has acceded  "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."

Botswana has acceded to the Convention on the Status of Stateless Persons with the following reservations: "(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."

2.2.1 List of legislations and regulations related to asylum and refugee protection as well as migration:

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 The Botswana Immigration Act (2010) Repealed acts: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

Refugee

Section 2 of the Refugee Act:

Schedule:

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.

Child

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

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.

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.”

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.”

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.¹ This definition may be applied in Botswana.

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.

3.1.1 The principle of non-refoulment in the national context

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.

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.

3.2.1 National Laws and regulations regarding entry of asylum seekers

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 Limitations on access to asylum during periods of National Emergency

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.

4.1.1 Access to reception facilities for asylum seekers

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 Further accommodations made for reception of particularly vulnerable groups among asylum seekers

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.”

4.2.1 Detention of asylum seekers

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 Detention of Children

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 Detention conditions set out in the laws and regulations

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).

4.3.1 Social and legal assistance offered to asylum seekers

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.

Accommodation, food and medical services are free.

4.4.1 Right to Family Unity

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 (article 18).

4.4.2 Socio-economic rights afforded to asylum seekers: work, education healthcare 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 Access to UNHCR facilities for asylum seekers

Currently the laws of Namibia do not explicitly state that the government must provide or facilitate access to the UNHCR( or similar organisations) for those seeking asylum in the country.

4.5.1 Determination of ‘Child’s Best Interest’ principle among asylum seeker children

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.

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.

Registration of births and documentation among asylum seeker children

Currently children and adults are provided with documentation at the time of birth.

5.1.1. Reception official at first instance

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 Procedural and legal guidance and assistance offered to asylum seekers

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 Availability of Legal Aid

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

5.2.1 Confidentiality of personal information and data

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.

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.

5.3.1 Registration of family members of registered asylum seekers

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

5.3.2 Obstacles to applying for asylum while in detention

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 Making a claim for asylum at the border

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

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

Asylum claims cannot be submitted at the border. The asylum seeker is taken to the camp where they apply.

5.3.7 Necessity of travel or identity documents for concerned persons

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

5.3.8 Challenges for individual asylum seeker claims for females

According to UNHCR heads of households are interviewed only. The rest of the members are treated as dependents of the head of the household.

5.5.1 Standard of credibility for an asylum claim

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 Provisions and standards for decision makers

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

5.5.3 Assessment of individual claims of family members and dependents of potential refugees

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

5.6.1 Interview and decision making process at first instance

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.

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

5.6.3 Access to ‘Country-of-Origin Information’(COI) available to decision makers

No information was found to support this.

5.6.4 An asylum seekers access to a decision and possibility to appeal

No, the law does not make provision for this.

5.8.1 Asylum seekers right to appeal decisions

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 Administrative assessment of appeals

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 Outcome of an appeal decision: what is available to the asylum seeker

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

5.8.4 Procedures and standards of appeal hearings or interviews

Not applicable. No appeals process is available.

5.8.5 Period between appeal hearing and final decision

Not applicable. No appeals process is available.

5.9.1. Children

5.9.2. Person with disabilities

Special measures for people with disabilities

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

5.9.4. LGBTIQ

Special measures for claims made by lesbian, gay, bisexual, transgender, or intersex, queer (LGBTIQ) individuals

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.

5.10.1 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 Types of residence offered to refugees by legislation

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

5.10.3 Duration of refugee status

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

5.10.4 Issuance of individual identity documents certifying refugee status

Each individual is issued with a camp card.

5.10.5 Issuing of identity documents to family members of refugees

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

5.10.6 The effect of familial changes on an individual’s refugee status

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

5.11.1 Forms of complementary or temporary protection in legislation

No. There is no such provision in the law.

5.12.1. Exclusion

5.12.2. Cancellation

5.12.3. Revocation

5.12.4. Cessation

5.13.1 Process of returning those found not to be in need of international protection

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 Execution of removal orders

Removal orders are not provided in any sort of written form to the concerned individual

5.13.3 Readmission back into the country

Currently Botswana has not signed any form of readmission agreement.

6.1.1 Protection against non-discrimination

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

6.2.1 Access to refugee travel documents or passports

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

6.2.2 Limitations on the right to 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.

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.

6.2.3 Recognition of family unity under national law and regulations

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.

6.2.4 Birth registration and documentation of children of refugees

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 Freedom of religion

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

6.2.7 Rights of the Refugee Child

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.

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 Refugee rights to higher and tertiary education

Currently there is no explicit right to higher and tertiary education granted to refugees

6.2.10 Refugee right to state social assistance

There is currently no right to social assistance under law . But social relief is provided within the camp.

6.2.11 Access to legal assistance afforded to refugees

No. There is no law which enables legal representation.

6.2.12 Refugee rights to property

Currently refugees have patent and property rights through the Industrial Property Act.

6.2.13 Refugee rights to work and conduct business

Currently Botswana has no laws that gives refugees the right to work or conduct their own business. As such there are subsequently no relevant labour laws to refugees in the country.

6.2.14 Do national laws and regulations provide for financial inclusion?

The national laws do not make specific provision for refugees and applicants for refugee status to have financial inclusion / bank accounts.

6.2.15 Duties of a refugee towards host state

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.

7.1.1 Administrative and procedural standards for voluntary repatriation

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

Repatriation is done with the entire family.

7.1.3 Voluntary repatriation in terms of especially vulnerable peoples

Specific needs – including women, children, older people, persons with disabilities, and others with particular concerns this is taken into account in the re-integration packages.

7.1.4 Voluntary repatriation in terms of unaccompanied or separated children

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

7.1.5 Access to country of origin information for refugees undergoing voluntary repatriation

Refugees undergoing voluntary repatriation as well as those assisting them are provided with country of origin information.

7.2.1 Progression towards self-reliance for refugees

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

7.2.2 Opportunities for naturalization under legislation

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.² 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.

7.2.3 Opportunities for permanent residency under legislation

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 Availability to access active migration or skilled entry schemes

There are currently no active migration or skilled entry schemes for refugees specifically, however refugees are eligible to apply for other visas.

7.2.6 Recognition of academic, professional, and vocational diplomas and certificates acquired by refugees in their country of origin

Currently there are no active steps for refugees in this regard according to UNHCR.

7.2.8 Empowerment of refugee women

Currently 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).