Protection of the right of asylum-seeking children not to be unlawfully detained: a look into the laws of Botswana

Botswana acceded to the 1951 Convention on the Status of Refugees and its 1967 Protocol and entered a reservation on section 26 relating to the freedom of movement of refugees within its borders justified on reasons of national security. As such, Botswana adopts a restrictive detention policy which requires that asylum seekers, whether alone or accompanied by their children, be held at the Francistown Centre for Illegal Immigrants pending transfer to the Dukwi Refugee Camp if their application for refugee status is successful or deportation if unsuccessful. Botswana is therefore notorious for detaining asylum seekers including children for prolonged periods, in undesirable physical conditions, and in the process violating the asylum-seeking children's rights to among others, not to be unlawfully detained, the right to an adequate standard of living, family unity, the highest attainable standard of health, and basic education. The study therefore seeks to explore the laws safeguarding the right of asylum-seeking children not to be unlawfully detained in Botswana in an effort to assess the extent to which such laws comply with the standards set by the Convention on the Rights of the Child as the core international standard for the protection of children's rights, and other relevant international and regional instruments. In addition, the study will assess the extent to which such laws are given effect in practice. The study will also explore best international and regional practices on the protection of the right of asylum-seeking children not to be unlawfully detained with specific emphasis on the laws of Sweden and South Africa. The study concludes with recommendations based on standards set out in the Convention on the Rights of the Child and other relevant international and regional instruments, and best practices in the laws of Sweden and South Africa which Botswana may draw valuable lessons in order to effectively safeguard the right of asylum-seeking children not to be unlawfully detained.

Grantor

Department of Public Law

Year dc:date.issued

2021

Author dc:creator

• Slave, Oratile

Advisor dc:contributor.advisor

• Khan, Fatima

• Botswana
• human rights
• refugee rights
• asylum-seeking children
• unlawfully detained

Handle dc:identifier.uri

http://hdl.handle.net/11427/36074

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/36074