THE CONCEPT HUMAN RIGHTS

Human rights are agreed rules and freedoms that all people are entitled to. Human rights are
guidelines about the way people should be treated. The aim of human rights is to make sure
that all people are treated fairly and equally so that people can live happily and securely in
society.
Human rights are not bought, earned or inherited. They apply to everyone, whatever sex,
age, ethnic group or religion. Human rights are universal. This means that all people are
entitled to them simply because they are human.
At the same time, our human rights come with responsibilities. If we want our rights to be
respected, we must respect the rights of others. We must also appreciate our human rights
and not take them for granted. We are entitled to a good education, for example, but we also
have the responsibility to work hard and make the most of our opportunities.

The concept human right’s is based on several principles that are explained in the table
below.

PRINCIPLES EXPLANATION
Freedom No person should be oppressed by another. People should be free to
use their talents, express their opinions and to access opportunities
available in their community or nation.
Equality and non – All human beings are equal in dignity therefore they are all entitled to
discrimination these rights without discrimination. All people enjoy these rights
regardless of differences such as skin colour, sex, sexual orientation,
language, socio – economic status, religion, political affiliation,
culture and national origin.
Universality Human rights are universal because they are the same for all human
beings. They are a common standard for all people and nations and
are based on common moral values such as justice, peace, tolerance,
respect, fairness and equality.
Inalienable Human rights are inalienable. This means a person has human rights
even if his or her country does not accept or recognise them. Human
rights should not be taken away, except in particular situations and
only after a person has been given a fair trial. For example, the right
to liberty of people who are found guilty of committing crimes is
taken away by imprisoning them.
Indivisible Human rights are indivisible. This means that all human rights are
equally important. No right is important than the other.
Human rights have Governments have a responsibility to promote, respect and protect
responsibilities human rights. Individuals have a responsibility to respect the rights of
others.

The Universal Declaration of Human rights

During World War II (1939 – 1945), millions of people lost their homes, their lives, there
were many abuses and unbelievable acts of cruelty had been committed against various
groups of people, for example the Jewish people on Germany, prisoners of war in Asia and
many innocent civilians in countries affected by the war. People all over the world were
determined that such a terrible war should never happen again. The President of the United
States of America and the Prime Minister of Britain met to sign an agreement called the

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Atlantic Charter. (The agreement was given this name because it was signed on a ship in the
Atlantic Ocean.) the aims of the charter were to reduce aggression between countries and to
strengthen the rule of law in the world.
Many other nations shared these aims. On 24th October 1945, 50 countries formed an
organisation called the United Nations. This organisation aimed to develop friendship
between nations, and to encourage them to work together for peace and development. The
activities of the United Nations were based on the principles of justice, human dignity and the
well being of all people. The United Nations also hoped to bring about better living
standards for all people and more respect for human rights. The countries that founded the
organisation all agreed to respect certain human rights set out in a document called the
Universal Declaration of Human Rights. This document was adopted on 10 December 1948,
which is why 10 December is known as International Human Rights Day. Altogether there
are thirty human rights listed as articles in the declaration.
You can read all the 30 articles of the UDHR at the following website:
http//www.un.org/en/documents/udhr/index.shtml

Some articles of the UDHR and reasons for upholding them

ARTICLE 1
All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in the spirit of brotherhood.
Article 1 identifies the values of freedom and equality as every person’s birthright and which
cannot be taken away. People are born free and should not be oppressed by others. Every
person should be able to live, think and work freely. People are also equal in dignity,
meaning that every person is worthy of respect simply because he or she is human being.
Being equal in rights means every person has the same human rights. They are all equally
entitled to the human rights stated in the UDHR.
This article also states that people have the ability to reason. People also have a conscience.
Our conscience is an inner sense that tells us that our conduct or motives are either morally
right or wrong, and which pushes us to do what is right. The article also encourages people
to treat each other with the spirit of brotherhood. Our conscience and ability to reason should
enable us to act in the spirit of brotherhood. Acting in the spirit of brotherhood involves
treating others with kindness, dignity, equality, fairness, respect, empathy, compassion,
tolerance, generosity and botho.

The reasons for upholding this human right

 To encourage people to treat others as equally worthy to be treated with respect and
dignity.
 To encourage individuals and governments to act in morally acceptable ways.
 To give individuals a sense of worth or that they are valuable simply because they are
human.
 To protect individuals from discrimination, abuse and exploitation, especially by
governments and individuals who have power.
 This is the minimum necessary for human beings to live in dignity.

ARTICLE 2
Everyone is entitled to all the rights and freedoms set forth in this declaration, without
distinction of any kind such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status. Furthermore, no
distinction shall be made on the basis of the political, jurisdictional or international

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status of the country or territory to which a person belongs, whether it be independent,
trust, non – self governing or under any other limitation or sovereignty.
Article 2 acknowledges that people and countries are different in many ways. However, the
article requires that these differences should not prevent people from enjoying their rights and
freedoms stated in the UDHR. Human rights are for all, without distinction and regardless of
the status of the country or territory to which they belong. This article is based on the
principles of equality and non – discrimination in the enjoyment of human rights and
fundamental freedoms.
The reasons for upholding this human right
 It protects all human beings from suffering as a result of being denied their human
rights
 It protects individuals from discrimination. Article 2 states that everyone is entitled to
the rights and freedoms in the UDHR without distinction.
 It encourages tolerance and respect for all human beings regardless of our differences.

ARTICLE 4
No one should be held in slavery or servitude; slavery or the slave trade shall be
prohibited in all their forms.
Article 4 prohibits slavery, servitude and the slave trade in all their forms. Slavery is the
status or condition of a person who is owned by another person as his or her property.
Servitude is the condition of being forced to work for someone else and having no freedom to
determine one’s way of life. Slavery is a form of servitude. Slave trade refers to the buying
and selling of human beings so that they can be used as slaves.
Slavery, servitude and slave trade are considered immoral because they involve owning
fellow human beings as property and taking away their dignity, right to personal freedom and
freedom of movement. Slavery and servitude involve making people work under harsh
conditions for no pay. People who own slaves do not regard them as being born free and
equal in dignity and rights. Slavery, servitude and the slave trade violate the principles of
freedom, equality and non – discrimination which the UDHR protects.
Examples of modern day slavery, servitude and slave trade include;
 Forced labour – people are forced to work under threads of punishment
 Bonded labour – this happens when an individual or family takes a loan from
someone and is unable to pay back the loan. To pay back the loan, the borrower is
forced to work for the lender as bonded labour until the loan is paid back. However,
even if bonded labourers work very long hours, the lender never pays the labourer
enough money to clear the loan. As a result, an individual or family can remain
bonded for life.
 Human trafficking – this involves transporting men, women or children from one
country to another. These people are sold and then forced to work as slaves by their
owners.
The reasons for upholding this human right
 To prevent the exploitation of other people by forcing them to work under harsh
conditions and not paying them.
 To encourage people to treat others with dignity. Making another person to work as a
slave violates their right to dignity.
 To enable all human beings to enjoy their human rights and freedoms.

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ARTICLE 13
1. Everyone has the right to freedom of movement and residence within the borders
of each state.
2. Everyone has the right to leave any country, including his own and to return to
his country.
Article 13 protects the right of individuals to move freely and choose where to live within
a country. Freedom of movement and residence within a country is essential for one to be
able to travel, work or build a home in any part of the country. International travel and
migration and being able to return to one’s country of origin are also protected by this
article. For instance a person should be able to legally go and work or study in another
country and come back to his or her country.

The reasons for upholding this human right

 To protect the independence and autonomy of every individual to decide when to
travel, where to go and where to live. For example people can go to other
countries to study or work.
 To protect the right of refugees and other migrants to return to their countries of
origin, even if they have been away for many years.

ARTICLE 15
1. Everyone has a right to nationality
2. No one shall be arbitrarily deprived of his nationality or denied the right to
change his nationality.
Nationality is a person’s status of belonging to a particular nation or state. Article 15 protects
every person’s right to a nationality. The article also protects individuals from having their
nationality taken away or being prevented from changing nationality for no good reason.
Having a nationality is very important because it is part of a person’s identity. A person
without a nationality will not be able to enjoy other rights. For example, you need to belong
to a state to get a passport that will enable you to travel outside your country.

The need to upholding this human right

 Having a nationality gives people a sense of belonging, identity and worth.
 Nationality enables individuals to claim protection for their human rights from the
country they belong to. Without nationality, a person becomes stateless and cannot
claim to be a citizen of any country or state.

ARTICLE 16
1. Men and women of full age, without any limitation due to race, nationality or
religion, have a right to marry and to find a family. They are entitled to equal
rights as to marriage, during marriage and its dissolution.
2. Marriage shall be entered into only with the free and full consent of the
intending spouses.
3. The family is the natural and fundamental group unit of society and its entitled
to protection by society and the state.

Article 16 deals with marriage and the family as a social group. This article protects the
right of every adult to marry and have children if they want to. A person cannot be
prevented from marrying and having children due to their race, nationality and religion.
Men and women have the same rights when they marry and when they divorce.
Individuals have to give their free and full consent and should not be forced to marry.

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 The article acknowledges that the family is the natural and basic unit of society which
should be protected.
The reasons for upholding this human right
 To ensure that no adult is denied the right to marry and establish a family.
 It promotes gender equality. Men and women have the same right not to be
forced into marriage.
 The family is recognised as the foundation of society and should be protected by
society and the state.
The need to protect other people’s rights
Rights carry responsibilities. Every person has the responsibility or duty to respect the rights
of others, just as he or she expects others to respect his or her rights. If you gain your rights
by abusing or stepping on another person’s rights, it means that you are denying that person’s
rights. Since all people are equal, they are all equally entitled to the same rights. For peace
and harmony to prevail in society, every person must respect all other people’s rights.
Below are some reasons why we should not violate the rights of others to attain our rights
 All human beings are equally entitled to human rights. Therefore, when we claim or
exercise our rights, we should do it in ways that do not prevent others from enjoying
these rights. It is very important that each person is able to enjoy his or her rights
without interference.
 Not violating the rights of others can help create peace and harmony in society.
Violating another person’s rights to attain one’s own rights may result in conflicts
between people which could lead to violence.
 Not violating the rights of others shows tolerance and promotes mutual respect.
Mutual respect and tolerance are essential for building good relationships among
people. Good relationships lead people to trust each other and to live and work well
together.
 We should lead by example by allowing other people to enjoy their rights as we
exercise ours. It would not be fair or just to demand that other people respect our
rights when we don’t respect theirs.
 People will not all have equal opportunities. This can prevent some people
developing to their full potential.
 People whose rights are violated often have low self – confidence and low esteem.
 It can create misunderstandings and conflict between people.
 By not violating other people’s rights, we are carrying out our moral duty to respect
human dignity and equality.
Some people’s rights may be violated in the process
 Some people would not be given the chance to prove themselves.
 Some people may be abused.
 Some people may gain more than others, which could lead to selfishness.
 Less advantaged people may be exploited by people with more advantages.
 Some people may not benefit as much as others.

Below are examples of how some people violate other people’s rights in order to gain their
own rights.
The right being attained Examples of rights violated while attaining one’s right
The right to freedom of  During study time some learners make noise
speech disturbing others claiming that they have a right to
freedom of speech. Making noise during study time
violates other learner’s right to education because
they need peace and silence to study well.

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 
In exercising their right to freedom of speech some
people insult others. Insulting other people violates
their right to be treated with respect and dignity.
The right to freedom of In exercising their freedom of movement, some people
movement trespass other people’s yards. Trespassing is a violation of
property owner’s right to privacy.
The right of workers to In exercising their right to strike, some striking workers
strike prevent those who do not want to strike from entering the
work place to work. The right of those who do not want to
strike are violated.

HUMAN RIGHTS VIOLATIONS

Human rights violations refer to actions or conduct that deny or prevent people from
exercising their rights and freedoms as stated in the UDHR. It involves treating individuals
as human beings who do not deserve freedom, are unworthy of being treated with respect and
are not equal in dignity and rights with other human beings. Human rights violations occur
when people are treated unfairly or without respect.

Human rights violations occur all over the world as well as in Botswana. Common violations
include dismissing an HIV – positive person from work, abusing a child or mistreating less –
powerful people. More serious violations range from torturing to killing people. Human
rights violations have a negative effect on human life. They affect people emotionally and
physically. They create fear, trauma, poverty, diseases and even death.

HUMAN RIGHTS VIOLATIONS IN BOTSWANA

Botswana being a member of the United Nations and a signatory of the United Nations
Declaration on Human Rights has a duty to respect and protect human rights. Generally, the
government of Botswana respects human rights, however, there are some situations or cases
that occur that may be seen as human rights violations.

Below are examples of possible cases of The Human Rights violations in Botswana.

The death penalty

Botswana has the death penalty or capital punishment as the ultimate punishment for those
found guilty of committing murder. Some people consider this as a violation of Article 3 of
the UDHR which states that, every one has the right to take away the life of another person.
Many people also consider the death penalty cruel, inhuman and degrading punishment and a
violation of Article 5.

The use of corporal punishment

Corporal punishment is a legal and culturally acceptable way of punishing offenders in
Botswana. At the kgotla or traditional law court, males who are found guilty of crimes are
usually given public corporal punishment such as flogging. However females are not given
corporal punishment. In this example males are discriminated against on the basis of their
gender. All human beings are born equal in dignity and Article 5 states, No one shall be
subjected to inhuman or degrading punishment’.

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Child labour
In Botswana, the use of child labour especially in rural areas is an issue of concern.
According to the 2005 – 2006 labour survey by the Ministry of Labour and Home Affairs,
children in Botswana are employed in agriculture especially in subsistence farming. Some
are employed in family businesses. Others work as domestic servants. Children who are
employed do not attend school. Child labour violates UDHR Article 25 which says that
children are entitled to special care and assistance and Article 26 which states that everyone
has the right to education.

Discrimination against women in customary marriages

The Abolition of Marital Power Act of 2005 excludes women married under customary law.
This law does not protect the equal rights of women in customary marriages. Women in
customary marriages are still regarded as minors under the control and authority of their
husbands a possible violation of Article 16 of UDHR which says that men and women are
entitled to equal rights during marriage.

Discrimination against men

Some laws of Botswana discriminate against men and as a result some of their rights are not
protected. For example, according to Ditshwanelo, the local human rights organisation:
a. The Deserted Wives and Children’s Protection Act assumes that the wife has been deserted
by the husband and allows her to claim maintenance from her husband for the children born
as a result of the marriage. It does not say whether a man deserted by his wife can claim
maintenance for children.
b. In the case of divorce or judicial separation, the mother is usually given custody of the
children. The Matrimonial Causes Act does not specify visitation rights for the non –
custodian parent, who is usually the father.
c. The Affiliation Proceedings Act 1999 allows a mother to seek maintenance from the father
of her child, but does not specifically provide for a father to seek maintenance from the
mother, when the child is in the father’s custody.

Mob justice
Sometimes people accused of theft are beaten up by the public before being handed over to
the police. This is a possible violation of the following articles of the UDHR.
a. Article 10 – Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and obligations and of
any criminal charge against him.
b. Article 11 – Everyone charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence.

Discrimination against people with disabilities

One of the possible human rights violations in Botswana is the discrimination against people
with disabilities. People with disabilities are disadvantaged in various ways. For instance,
school textbooks are not written in Braille for visually impaired learners. Many buildings in
Botswana do not have ramps for people using wheelchairs. Discrimination against people
with disabilities violates UDHR Article 1 – All human beings are born equal in dignity and
rights and Article 2 – everyone is entitled to all the rights and freedoms set forth in the
UDHR, without distinction of any kind.

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HIV – positive people
There are many ways in which HIV – positive people are discriminated against. For
example, some employers dismiss their employees if they find out that the person is HIV
positive. If an HIV – positive employee asks to be given a day off to go for a check up, the
employer often refuses to pay his or her full wages for that day. Sometimes other members
of the family do not want to share household items such as bath or toilet or they do not want
to use the same cooking and eating utensils.

Domestic workers
The human rights of domestic workers are often violated. Most domestic workers are not
given a contract by their employers. This means that there is no agreement setting out the
conditions of their employment. They have to work for as many hours as the employer
demands for whatever wage the employer decides to pay. They often do not get leave. If a
domestic worker does something that the employer does not like, he or she will probably lose
the job.
Sometimes employers see their domestic workers as ‘part of the family’ or as property. In
these cases, domestic workers are treated more like slaves than employees with rights.

Badisa
Another group of workers whose human rights are often not respected are badisa. Some
people pay their modisa or herd boy with food, old blankets and old clothes instead of money.
They say that if they give the herd boy money, he will leave their livestock and go to shops,
which are always far from cattle posts. Sometimes badisa are not paid their wages for
months. Many badisa are not given days off or leave to visit their relatives. These employers
are only concerned about their livestock and do not care about the welfare of the herd boys.

Inheritance issues
In traditional Tswana society, the eldest son inherited the largest share of the estate when his
father died. Younger sons inherited smaller shares and daughters received even less. They
did not inherit the father’s cattle or the house the family lived in. in other words, females
were discriminated against.

Disabled people
Able – bodied people often violate the human rights of disabled people. For example, some
parents feel ashamed if their child is disabled. They often hide the child away at home
instead of allowing him or her to go to school and play with friends. Even if they do not
attend school, children in wheelchairs and children who use crutches to walk cannot get to
upstairs classrooms because there are no lifts.

Ageism
Old people are often discriminated against because of their age. For example, an old person
may lose his or her job when he or she reaches a certain age, sometimes old people are not
involved in decision making because they are seen as old fashioned and mentally incapable.
Young people may also be discriminated against because they are seen as too young to have a
valid opinion. People often make decisions on their behalf without consulting them or taking
their interests into consideration. For example, a parent may transfer a child from one school
to another without considering the child. A parent may also choose school subjects without
discussing the choice with the child. Sometimes parents choose unrealistic careers for their
children.

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HUMAN RIGHTS VIOLATIONS AROUND THE WORLD

Death penalty
The death penalty is still used in many countries to punish crimes. Some use it only for
murder and treason. Others use it for other offences including drug trafficking, corruption
and adultery. Countries that use the death penalty include the United States of America,
China Japan, Singapore, Malaysia, Vietnam, Yemen, Saudi Arabia, Kuwait, Iran, Iraq,
Pakistan, India, Libya, Nigeria, Uganda, Egypt, Sudan and Botswana. The death penalty is
considered a violation of Article 3 and Article 5 of the UDHR.

Discrimination on the basis of HIV status

Discrimination against people who are HIV positive has been reported in many countries.
For example, some people living with HIV have been denied employment and training
opportunities or have been dismissed from work because of their status. HIV positive
children have been prevented from attending school.

The use of torture

The use of torture to get information or confessions from other people suspected of having
committed crimes and to punish political opponents occurs across the world.
Amnesty International has documented the use of torture in more than 150 countries. For
example, the United States of America is reported to have tortured people suspected of
planning and supporting terrorism held at its prison camp called Guantanamo Bay. From
2001 to September 2006 the Zimbabwe human rights NGO forum recorded 363 cases of
torture by the law enforcement officers. Other countries that are reported by Human Rights
Watch to have used torture against suspects include China, Egypt, Iran, Iraq, Morocco and
Russia.

The use of torture is a violation of Article 5 of the UDHR which states, ‘No one shall be
subjected to torture or to cruel, inhuman or degrading treatment or punishment’.

Religious intolerance
Religious intolerance has been reported in many countries in the world. Sometimes, this has
led to violent attacks against people of different religions and to discriminatory laws being
made.

Below are examples of religious intolerance that may violate UDHR Article 18 which states,
“ Everyone has the right to freedom of religions; this right includes freedom to change his or
her religion or belief and freedom to manifest his religion or belief in teaching, practice,
worship and observance”.

 Although Saudi Arabia allows people of other religions to live and work in the
country, they are not allowed to worship openly. Only the Islam is allowed to
worship openly. Only the Islam is allowed. It is a crime punishable by death if a
Muslim converts to another religion.
 In 2004, the government of France banned the wearing of certain religious attire and
symbols in public school such as the hijab, a headscarf worn by Muslim women and
girls, the Sikh turbans, Jewish skullcaps and large Christian crosses.
 In 2009, citizens of Switzerland voted in favour of banning the construction of
minarets on buildings such as mosques and Islam community centres by Muslims in
the country.

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Attacks on foreign immigrants
Attacks by citizens on foreign immigrants have been reported in many countries including
South Africa, Germany, Britain and Russia. Foreigners are attacked for a variety of reasons,
including xenophobia and the claim by citizens that the foreigners are taking away their jobs
by accepting low wages. Some of these attacks have resulted in the killing and displacement
of some foreigners. Xenophobia attacks violate UDHR particularly Article 1, 2 , 3, 12 and
13.

Slavery and servitude

According to the Anti – slavery organisation millions of people across the world are also like
objects, forced to work for little or no pay and are treated like slaves by their owners. Slavery
has been reported in countries such as Albania, Brazil, Sierra Leone and Turkey.

JUSTIFICATION OF ACTIONS THAT MAY BE HUMAN RIGHTS VIOLATIONS

Justifying an action involves giving reasons why an action is unreasonable or necessary.
Below are some justifications of actions which may be considered as human rights violations.

Death penalty
Supporters of the death penalty give various reasons to justify the use of capital punishment,
below are some of the reasons they give:
 By committing murder, the murderer loses his or her right to life.
 It deters others from committing crimes punishable by death such as murder
 A dangerous criminal cannot re – offend once they are put to death. This helps make
the society safer.
 The death penalty brings justice to the victim and the victim’s family.

Corporal punishment
Corporal punishment is still practiced in some societies including Botswana. Supporters of
corporal punishment give various reasons as justification for the use of corporal punishment.
Below are some of the reasons they give: -
 It helps in the moral development of children because it corrects deviant behaviour.
For example, the Setswana proverb ‘Ya mosimane ke e nkgwe’ encourages the use of
corporal punishment in disciplining children.
 Corporal punishment is part of the traditional culture of the community. It has always
been used to punish offenders and is accepted by the community.
 It helps reduce overcrowding in prisons because instead of sending offenders to
prison, they receive their punishment quickly and are released.

Child labour
Some people give the following reasons to justify the use of child labour,
 Many of these children are from very poor families. The money they earn enables
their families to pay for their basic needs and to survive.

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  Preventing children from working on farms, in factories, mines and private homes,
may lead some of them to engage in immoral ways of earning money, for example,
through stealing, selling illegal drugs and even prostitution.

The use of torture

Some of the reasons given by governments to justify torturing people suspected of
committing crimes include the following:-
 It enables the police and security officers to get confessions that suspects would not
otherwise make voluntarily.
 The information obtained from suspects can help solve crimes to prevent further
crimes being committed.

Discrimination on the basis of HIV status

Some of the reasons given for discriminating against people who are HIV positive include:-
 They may infect other people around them, for example, friends, co – workers, or
school mates.
 An HIV positive person will become sick in future. The company cannot afford to
employ and pay someone who will be absent from work often due to an HIV related
illness.

Religious intolerance
Some of the reasons given to justify religious intolerance or discrimination include:
 A particular religion is the only true religion or faith. Other religions or faiths
are false or wrong.
 Members of a particular religion or faith are a threat to the security of the
country.
 The beliefs and teachings of a religion are against the political, moral and social
values held by the majority of people in the society.

One example of the abuse of human rights for religious reasons is the treatment of women by
the Taliban when they were in power in Afghanistan. Women were forced to wear burga in
public. They were not allowed to work or receive an education after the age of eight. They
were not allowed to consult a male doctor unless they were accompanied by a male relative,
women who disobeyed these rules could be flogged or even executed. These and many other
ensure the chasteness and dignity of women.

People may say that they violated the rights of others without intending to or because they did
not know any better. They may also believe that they are doing the best for the person whom
they are treating unfairly. For example, a parent may isolate a disabled child by not sending
him or her to school, thinking that the child is being protected from being laughed at and
teased by others. In reality, the parent is denying the child’s right to an education.

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How human rights violations affect human life

 Children who are forced to become soldiers maybe injured, crippled for life or killed
while fighting. They are traumatised and may never be able to live a normal life.
They are denied the right to an education, which means they will not be able to find
good jobs when they grow up. This can lead to a life of poverty.
 Employers who dismiss HIV – positive workers are denying them the right to work
and earn a living. As a result, they will not be able to afford a healthy lifestyle or
treatment for their diseases.Their children will not be able to go to school because
there will be no money to buy uniforms and pay school fees.
 Discrimination against disabled people denies them the chance to discover and
develop their talents. For example, a disabled child who is not taken to school is
denied his or her right to an education.
 A domestic worker who is made to work for long hours is denied the chance to rest.
 A herd boy who is not given time off is denied the right to leisure and rest. He is not
given the chance to socialise with his friends and family. His freedom of choice is
limited if he is not paid in money.
 Corporal punishment administered to males at the kgotla causes pain and may lead to
physical damage. The person may end up with injuries such as wounds or bruises.
 People who are wrongfully arrested and are made to stay in prison for a long time are
affected emotionally because they are being punished for something they did not do.
They also may lose their homes and earnings.
 Suspects who are tortured in order to force a confession suffer physical injury or
disability, emotional stress and trauma and even loss of life. Also victims of domestic
violence, rape may suffer physical injuries, can result in paralysis and unable to walk
again.
 Gender discrimination can lead to inequality between people because some groups of
people are not given the chance to develop to their full potential. For example, if boys
are made to look after livestock and are not allowed to attend school, they do not
receive an education and may not be allowed to attend school, they do not receive an
education and may not be able to get well – paid jobs when they grow up. Girls who
do not receive an education may be forced to earn a living through prostitution. This
may lead to them contracting sexually transmitted infections (STIs) including HIV
and AIDS.
 Human rights violations such as arbitrary arrests and the unlawful killing of political
opponents or crime suspects can disrupt family life. If the victim was the
breadwinner of the family, his or her family can become poorer as a result.
 When there is violation of human rights in a country, conflict between communities
may occur which may lead to civil war. War and conflict may result in people being
attacked in their homes. The lack of safety, usually forces them to become refugees
in other countries. For example, in war torn countries such as Somalia, Sudan, and
the Democratic Republic of Congo, many people have fled and sought refuge in other
countries in Africa and elsewhere.

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HUMAN RIGHTS ORGANISATIONS

Organisations that have responded to human rights violations.

Organisations in  The Botswana Centre for Human Rights ( Ditshwanelo)

Botswana  Botswana Network on Ethics, Law and HIV/AIDS
(BONELA)
 The Emang Basadi Women’s Association
 Childline Botswana
 Women Against Rape ( WAR)
Organisations in  African Union
Africa  Human Rights Watch Africa
International  United Nations
organisations  Amnesty International
 Human Rights Watch

THE BOTSWANA CENTRE FOR HUMAN RIGHTS ( Ditshwanelo)

The Botswana Centre for Human Rights commonly known as Ditshwanelo was founded in
1993. The main aim of the organisation is to promote and protect human rights in Botswana.

The organisation particularly helps individuals and groups who are marginalised,
underprivileged and discriminated against. It also lobbies for changes in laws, policies and
practices that violate human rights.

Successes and limitations of The Botswana Centre for Human Rights – Ditshwanelo

Successes
 Through public awareness campaigns, public education, seminars and workshops,
Ditshwanelo has helped increase public and policy makers awareness of issues
regarding human rights and responsibilities. It has also made them aware of cases of
human rights violations.
 Together with other women NGO’s, Ditshwanelo has published a booklet on
inheritance rights. The book aims at enlightening parents on how to write a legally
correct will in order to avoid property grabbing by relatives after they die.
 Ditshwanelo has on several occasions provided legal services to individuals whose
human rights have been violated such as domestic workers, refugees and asylum
seekers.

Limitations
 The organisation suffers from a shortage of financial resources. This affects the
organisation’s ability to effectively sustain itself and achieve its goals.
 Some members of the public have a negative attitude towards Ditshwanelo. This is
because the organisation deals with controversial issues such as capital punishment,
women’s rights and rights of homosexuals.
 The organisation often experiences a shortage of staff and this slows down its
activities.

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BOTSWANA NETWORK ON ETHICS, LAW AND HIV/AIDS (BONELA)
BONELA was established in 1995. The aim of the organisation is to create a just
environment for those infected and affected by HIV and AIDS. The organisation ensures that
ethics, the law and human rights are made a part of the national responses to fighting HIV
and AIDS in Botswana. It strives to fight HIV related stigma and discrimination and promote
respect for human rights.

SUCCESSES
 BONELA has a free legal clinic that deals with cases involving the violation of
human rights of people with HIV such as unfair dismissal from work, stigmatisation,
discrimination, wrong diagnosis and denial of access to an HIV test. In 2008,
BONELA’s legal clinic handled 50 cases of which 30 were settled out of court.
 BONELA has managed to raise public awareness on some issues that affect people
living with HIV through the mass media, pamphlets, quarterly news letter, radio
shows and workshops. For example, they have conducted workshops to educate
police officers, teachers, prison officers and volunteers about the rights of people
living with HIV and AIDS.
 BONELA helped influence the change in HIV testing policy which did not allow
children under the age of 21 to test without being accompanied by a guardian. Now
the policy has been amended, children who are 16 years and above can test for HIV
without being accompanied by a guardian.

LMITATIONS
 There are no laws that protect HIV positive people at the work place, only policies
exist. For instance, the National Policy on HIV and AIDS states that pre –
employment HIV testing should not be conducted. However this policy is not legally
enforceable. As a result some companies still require people to test before being
employed. The non existence of laws that protect HIV positive people at the
workplace makes it difficult for BONELA to deal with cases involving people who
are denied employment because they have tested HIV positive or because they have
refused to undergo an HIV test before being employed.
 Some of the policy and legal changes BONELA advocates for are culturally sensitive.
For example, they advocate for the respect of the human rights of commercial sex
workers and homosexuals. The organisation has also advocated for distribution of
condoms in prisons. Because of the sensitivity of the issues it deals with,
government, dikgosi and some members of the society refuse to accept or talk about
legalising practices that are considered immoral and are against the norms and values
of Botswana culture.

EMANG BASADI WOMEN’S ASSOCIATION

The Emang Basadi Women;s Association was formally registered in 1986. The main aims of
Emang Basadi are to;
 Identify problems related to women in Botswana
 Increase awareness among women and the public in general about the specific
problems faced by women in all sectors
 Mobilise women to take steps that will help to change the social, political, economic
and legal position of women in Botswana.

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SUCCESSES
 Emang Basadi helped raise funds to support Unity Dow who was challenging the
1982 Citizenship Act in the High Court. The law prohibited Batswana women
married to foreigners from passing on Botswana citizenship to their children. Ms
Dow argued that the law violated the Constitution because it discriminated on the
basis of gender. The government lost the case and the law was changed to allow
Batswana women married to foreigners the same rights as Batswana men. The
passing of the new Citizenship Act of 1984 is considered one of the major successes
of the organisation.
 Emang Basadi has developed information, documentation and a resource centre
where members of the public can get information on gender issues.
 Emang Basadi has conducted workshops for potential political candidates and
equipped them with knowledge on strategies of campaigning and running a political
office.

LIMITATIONS
 Emang Basadi relies mainly on international donors for money to run the organisation
and its activities. Recently international donors agencies have reduced their funding
of non – governmental organisations in Botswana and as a result, Emang Basadi has
shortage of financial resources.
 Some members of the public have a negative attitude towards the organisation
because it makes people aware of issues of gender inequality and encourages women
to be aware of their rights.
 The organisation also experiences a shortage of human resources and as a result it is
unable to undertake some of its projects.

CHILDLINE BOTSWANA
Childline Botswana, a non profit making organisation was established in 1990. the
organisation was set up in order to respond to the increasing number of abused children. It
also addresses other child welfare issues through education, counselling and childcare
programmes.

SUCCESSES
 Childline Botswana has provided a number of free services and programmes, for
example counselling, parenting skills courses and intervening in child abuse cases.
 Childline has provided a home or a place of safety for abandoned, neglected and
abused children of up to the age of 4 years. The place accommodates 20 children who
are provided with basic needs and are cared for by house mothers.
 Childline has publicised information on issues such as children’s rights, child abuse
and parenting skills through the radio, newspapers and pamphlets.
 It provides legal services to prepare parents and children for court cases. It has also
trained some magistrates to understand the difference between a child witness and an
adult witness so that they are sensitive to the needs and situation of vulnerable
children.

LIMITATIONS
 Childline does not receive much support from the public. This may be due to people
misunderstanding the aims of the organisation and the work it does. In advocates for

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 respect for the rights of children, some people accuse the organisation of making
children difficult to control.
 Like other non – governmental organisations, childline experiences a problem of
funds. This affects he organisations ability to achieve some of its objectives. For
example, the organisation is based in Gaborone and does not operate in other parts of
the country.

WOMEN AGAINST RAPE (WAR)

Women against rape is a human rights organisation which assists mainly women and children
who have been raped and sexually abused. They do also help men who need their services.
It was founded in 1993 and is based in Maun. The aim of the organisation is to reduce
violence against women and children by:
 Raising public awareness on issues of abuse
 Providing counselling and legal support to the victims of abuse

SUCCESSES
 Women and children were offered counselling and training on assertiveness and
gender issues.
 Women candidates were trained to prepare them for the 2009 national general
elections.
 Students Against Rape clubs in Maun schools were strengthened.

LIMITATIONS
 Women Against Rape is a non profit making organisation. As a result it depends on
donations from the public and from international organisations. Like other non –
governmental organisations, it is faced with the problem of reduced funding by
international donor agencies. As a result achievement of all the planned projects is a
problem.
 Human resources is also a problem for this organisation since it is a voluntary
organisation.

HUMAN RIGHTS WATCH AFRICA

The aim of the organisation both at international and regional level is to protect human rights.
It also aims at upholding political freedom, protecting people from ill treatment during war
and to bring offenders to justice. This organisation investigates and exposes human rights
violations and hold abusers accountable. It challenges government and those in power to end
abusive practices and respect international human rights.

SUCCESSES
 It has raised awareness of practices that violate human rights in Africa through its
reports on issues such as gender discrimination, the use of torture, denial of press
freedom and military use of children.
 In Senegal, Human Rights Watch Africa investigated and reported on teachers in
Quranic boys schools who forced the children to beg for food and money. As a result
of the report, a law prohibiting anyone from forcing a child to beg was enforced and
the teachers were convicted.

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LIMITATIONS
 Human Rights Watch Africa experiences difficulty in accessing information about
certain human right violations especially if it is the government that is accused of such
violations. Some governments claim that they are protecting the public interest.
 The Human Rights Watch Africa reports on human right violations which usually
expose governments as being the perpetrators of the violations. This sometimes puts
the life of the reporters who report such violations to the Human Rights Watch at risk.

AMNESTY INTERNATIONAL
Amnesty International was founded in 1961 in London and is now a worldwide movement of
people who campaign for respect and protection of human rights. The organisation aims to
prevent abuses of human rights and to demand justice for those whose rights are violated.
Al campaigns for governments to obey and uphold international laws and standards. It uses
public opinion to put pressure on governments which abuse human rights. It primarily targets
governments but sometimes reports on non – governmental organisations and individuals
who violate human rights.

SUCCESSES
 Amnesty International has more than 2.2 millions members, supporters and
subscribers in over 150 countries.
 Amnesty International has successfully raised awareness on human rights violations
around the world. This is why in 1978 the organisations won the UN Rights Prize for
outstanding contributions in the field of human rights.

LIMITATIONS
 Some governments are not willing to address the problem of human rights violations
in their countries and Amnesty International cannot force governments to respect
human rights.
 In countries where there is serious political instability, armed conflict or war, it is
often difficult for Amnesty International to persuade governments to respect and
protect human rights especially of people who criticise or oppose the government or
those who expose human rights violations by the government.

AFRICAN UNION
One of the objectives of the AU is to promote and protect human and people’s rights in
accordance with the African Charter on Human and People’s Rights and other relevant
human rights instruments.
The OAU adopted the African Charter on Human and People’s Rights on 21 October 1986
and established the African Commission on Human and People’ Rights. The African
Commission on Human and People’s Rights is charged with ensuring the promotion and
protection of Human and Peoples Rights throughout the African continent.

UNITED NATIONS
The United Nations was founded in 1945 after the Second World War to maintain and
promote international peace and cooperation as well as to help solve international economic,
social and humanitarian problems. The violation of human rights was a major issue of
concern at the time the United Nations was being founded. In 1946, the UN established the
Commission on Human Rights. The commission drafted the charter on human rights which

17
was adopted by the UN in 1948. The United Nations Commission on Human Rights was
replaced by the UN Human Rights Council in 2006.

SUCCESSES

● The UN works hard to solve disputes between countries and sends – keeping forces to
troubled areas.
● It has established special agencies to concern themselves with particular issues, like
UNICEF, UNESCO, etc.
● Promoted special issues worldwide, like the Universal Declaration of Human Rights.

LIMITATIONS

● Lack of cooperation by other states.Trying to improve human rights is a difficult task. It is

not possible to force governments to make laws to protect the rights of their people. It is very
difficult for people to make changes in these countries.
● Not all countries are the members of the United Nations

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