Child Abuse Laws in Botswana

In Botswana there are several laws that are meant to address child abuse and neglect.

Here are some of the child abuse laws that protect children…

The Children’s Act and Child Abuse
The Children’s Act Section 11 finds any parent or guardian of a child or any person having custody of a child who neglects, mistreats or exploits a child guilty of an offence. Neglect may include the unreasonable failure to provide for adequate food, clothing, housing, health and care of the child and exposing a child to conditions or circumstances likely to cause him/her physical, mental or psychological distress or damage.

The Children’s Act also provides that any parent or guardian having custody of a child is guilty of an offence if s/he causes or conduces to the seduction, abduction or prostitution of the child.
Although the sale and trafficking of children is virtually unknown in the country, both the Penal Code and the Children’s Act make the abduction of children criminal offences.

Penal Code
The Penal Code covers forms of abuse against children, namely, abduction of females for immoral purposes, abduction of persons below 16 years, indecent assault of young children, defilement of persons below 16 years of age, unlawful carnal knowledge of children
The Penal Code has provisions which deal with sexual abuse and exploitation. Section 141 holds that any person who has unlawful carnal knowledge of another person or who causes the penetration of a sexual organ or instrument into the person of another without consent is guilty of rape.

The Employment ActThe Employment Act protects children against exploitation and hazardous employment. The Act defines a child as a person under the age of 15 years and a young person as a person who has attained the age of 15 years but is under the age of 18 years. The law permits employment of children 13 to 15 years of age in light work that is unlikely to be harmful to their health or development and that will not prejudice their benefiting from school or vocational programmes. No child shall be permitted to work more than 6 hours a day or 30 hours a week.

Birth Registration Act
The CRC states that every child has the right to a name and a nationality and the right to protection from being deprived of his or her identity. Therefore birth registration is a fundamental means of securing these rights for children.

Botswana has a Births and Deaths Registration Act which makes birth registration compulsory. There is a Department of Civil and National Registration in the Ministry of Labour and Home Affairs which is responsible for the registration of civil registration and national identity cards in the country.

So far, the department has 32 registration offices countrywide, 30 of which are networked. In order to reach remote areas, the department has mobile offices which register civil events and issue national identity cards and birth certificates. Any person who has attained age 16 years must have a national identity card.

A levy of BWP5.00 (US$1.00) to a maximum of BWP500.00 (US$100.00) is charged for late registration. At the moment, there are no waivers for any communities, including children under the age of 18 years. A maximum of BWP500.00 (US$100.00) or six months imprisonment or both fine and charge is administered for late registration. AT the moment, there are no waivers for any communities, including children under the age of 18 years.