Botswana

3. Fundamental rights and freedoms of the individual

Whereas every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely—

(a) life, liberty, security of the person and the protection of the law;

…

the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

6. Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression “forced labour” does not include—

(a) any labour required in consequence of the sentence or order of a court;

(b) labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;

(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.

Constitution of Botswana 1966 (Rev.2005) (PDF)

144. Abduction of a person for immoral purposes

Any person who, with intent to marry or carnally know another person or to cause such person to be married or carnally known by any other person, takes that person away, or detains that person against that person’s will, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.

149. Procuration

Any person who-

( a) procures or attempts to procure any person to have unlawful carnal connection, either in Botswana or elsewhere, with any other person or persons;( b) procures or attempts to procure any person to become, either in Botswana or elsewhere, a common prostitute; ( c) procures or attempts to procure any person to leave Botswana, with intent that the procured person may become an inmate of or frequent a brothel elsewhere; or ( d) procures or attempts to procure any person to leave that person’s usual place of abode in Botswana with intent that the person may, for the purposes of prostitution, become an inmate of or frequent a brothel either in Botswana or elsewhere is guilty of an offence and, may, at the discretion of the court, and in addition to any term of imprisonment awarded in respect of the said offence, be sentenced to corporal punishment: Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.

150. Procuring defilement of person by threats or fraud or administering drugs

Any person who- ( a) by threats or intimidation procures or attempts to procure any other person to have any unlawful carnal connection, either in Botswana or elsewhere; ( b) by false pretences or false representations procures any other person to have any unlawful carnal connection, either in Botswana or elsewhere; or ( c) applies, administers to, or causes to be taken by any other person any drug, matter, or thing, with intent to stupefy or overpower so as to have unlawful carnal connection with such woman or girl, is guilty of an offence and is liable to be punished in the same manner as a person convicted under section 149.

Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.

151. Householder, etc., permitting defilement of person under 16 years of age on his or her premises

Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any person under the age of 16 years to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any person, whether such carnal knowledge is intended to be with any particular person or generally, is guilty of an offence:

Provided that it shall be a sufficient defence to any charge under this section if it appears to the court before whom the charge is brought that the person so charged had reasonable cause to believe and did in fact believe that the person against whom the offence was committed was of or above the age of 16 years.

152. Householder, etc., permitting defilement of person under 12 years of age on his or her premises

Any person who, being the owner or occupier of premises or having or acting or assisting in the management or control thereof, induces or knowingly suffers any person under the age of 12 years to resort to or be upon such premises for the purpose of being unlawfully and carnally known by any person, whether such carnal knowledge is intended to be with any particular person or generally, is guilty of an offence and is liable to imprisonment for a term not exceeding five years:

Provided that it shall be a sufficient defence to any charge under this section if it appears to the court before whom the charge is brought that the person so charged had reasonable cause to believe and did in fact

believe that the person against whom the offence was committed was of or above the age of 12 years.

153. Detention of persons for immoral purposes

( 1) Any person who detains any other person against that other person’s will- ( a) i n or upon any premises with intent that the person detained may be unlawfully and carnally known by a particular person or generally by other persons; or ( b) i n a brothel;

is guilty of an offence.

( 2) When a person is in or upon any premises for the purpose of having any unlawful carnal connection, or is in any brothel, that person shall be deemed to be detained in or upon such premises or in such brothel, if, with intent to compel or induce the person to remain in or upon the premises or in such brothel, the person alleged to be detaining that other person-( a) withholds from the detained person any wearing apparel or other property belonging to the detained person; or ( b) threatens the detained person with legal proceedings if the person detained takes away with her any wearing apparel that has been lent or otherwise supplied to that detained person.

( 3) No legal proceedings, whether civil or criminal, shall be taken against any person detained under subsection (2) for taking away or being found in possession of any such wearing apparel as was necessary to enable such person to leave such premises or brothel.

250. Definition of kidnapping from Botswana

Any person who conveys any person beyond the limits of Botswana without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Botswana.

251. Definition of kidnapping from lawful guardianship

Any person who takes or entices any minor under 14 years of age if a male, or under 16 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.

252. Definition of abduction

Any person who by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

256. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc.

Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of an offence and is liable to imprisonment for a term not exceeding 10 years.

260. Detaining person as a slave

Any person who detains any person as a slave against his will is guilty of an offence and is liable to imprisonment for a term not exceeding five years.

261. Dealing in slaves

Any person who buys, sells, or disposes of any person as a slave, or who traffics or deals in slaves, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.

262.Unlawful compulsory labour

Any person who unlawfully compels any person to labour against the will of that person is guilty of an offence.

Section 2

In this Act, unless the context otherwise requires – “child” has the meaning assigned to it under the Children’s Act; “centre for victims” means a centre for victims referred to in section 16; “Committee” means the Human Trafficking (Prohibition) Committee established under section 3;

“consent” in relation to a person means that the person agrees by choice, and has the freedom and capacity to make that choice;

“exploitation” includes but is not limited to –

(a)           Keeping a person in a state of slavery;

(b)           Subjecting a person to practices similar to slavery;

(c)           Involuntary servitude;

(d)           Forcible or fraudulent use of any human being for removal of organs or body parts;

Section 9

(1) 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, or 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 persons and is liable to a fine not exceeding P500 000 or to imprisonment for a term not exceeding 25 years, or to both.

(2) Any person who during the commission of the offence under section (1) –

(a) removes an organ from the person’s body;

(b) forces a woman to fall pregnant and takes the child away;

(c) subjects a person to slavery or forced labour;

(d) instigates a person to commit an act of prostitution;

(e) instigates a person to take part in an obscene publication or obscene display; or

(f) commits a sexual offence against a person,

commits an offence and is liable to a fine not exceeding P1 000 000 or to imprisonment for a term not exceeding 30 years, or to both.

(3) The consent of a victim of trafficking in persons to the intended exploitation shall not be relevant where any of the means set out in subsection (1) have been used.

(4) The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation shall be considered “trafficking in persons” even if it does not involve any of the means set out in subsection (1).

Section 10

(1) A person who for the purpose of trafficking in persons –

(a) adopts a child or offers a child for adoption;

(b) fosters a child or offers a child for fostering; or

(c) offers guardianship to a child or offers a child for guardianship, commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding 15 years, or to both.

Section 12

A person who buys or engages the services of a trafficked person commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding 15 years, or to both, and on a subsequent conviction, to a fine not exceeding P400 000 or to imprisonment for a term not exceeding 20 years.

Anti-Human Trafficking Act 2014 (PDF) 

Article 57- Corruption of children

(1) A parent, other relative or other person having custody of a child who — (a) induces, coerces or encourages any child to seduce any person or to engage in prostitution;

(b) induces, coerces or encourages any person to seduce, prostitute or cause the seduction, or prostitution of any child;

(c) induces, coerces or encourages a child to commit any other sexually immoral act;

(d) abducts a child or induces, coerces or encourages any person to abduct a child for purposes of corrupting the child in any manner referred to in this subsection;

(e) induces, coerces or encourages any person to cause a child or any other person to do any act referred to in this subsection shall be guilty of an offence and shall be sentenced to a fine of not less than P20 000 but not more than P50 000, or to imprisonment for a term of not less than two years but not more than five years, or both.

(2) For the purposes of this section, a person shall be deemed to have caused the seduction, abduction or prostitution of a child if that person knowingly allows the child to consort with or enter or continue in the employment of a prostitute or person of known immoral character.

(3) Any person who is not a parent, other relative or other person having custody of a child, but does any act referred to in subsection (1) commits an offence and shall be liable to the penalties set out in that subsection

Article 62- Harmful social, cultural and religious practices

(1) Subject to section 61 (3), and section 90, every child has a right not to be subjected to social, cultural and religious practices which are detrimental to his or her well-being.

(2) A child shall not be subjected, by any person, to —

(a) a forced marriage

…

(d) any other cultural rite, custom or tradition which may inflict physical, emotional or psychological pain or harm to the child, or otherwise violate or endanger his or her bodily integrity, life, health, dignity, education or general well-being

(5) Any person who coerces, pressures or deludes a child into participating in any of the practices referred to in this section shall be guilty of an offence and liable to a fine of not less than P10 000 but not more than P30 000, or to imprisonment for a term of not less than 12 months but not more than three years, or both.

CHILDREN’S ACT 2009 (PDF)