Botswana

Declaration:

“In accordance with Article 23 of the Agreement, the Republic of Botswana declares that the persons referred to in sub-paragraphs (a) and (b) of that Article, if they are nationals or permanent residents of the Republic of Botswana, shall in the Republic of Botswana enjoy only the privileges and immunities specified in those sub-paragraphs.”

Declaration:

"... the Republic of Botswana declares pursuant to article 25 (4) that, with respect to it, any amendment to Annex A, B or C shall enter into force for it only after it has deposited an instrument of ratification, acceptance, approval or accession with respect to such amendment."

Declaration:

"The Government of the Republic of Botswana declares, pursuant to Article 3 (2), of the Optional Protocol, that:
a) There is no compulsory conscription into the Defence Force.
b) The process of recruitment in the Defence Force is initiated through advertisement in the national press in which the minimum age limit of 18 years is stipulated as one of the requirements.
c) The induction of all recruits is conducted in public.
d) All recruits are required to present a national identity card which states their date of birth, school completion certificate, and other educational records where necessary.
e) All recruits undergo a rigorous medical examination where pre-pubescence would be noticed, and any person determined to be underage is routinely rejected from recruitment."

Declaration:

"[Pursuant to] paragraph 2 of Article 20, the Government of the Republic of Botswana declares that, with respect to any dispute concerning the interpretation or application of the Convention, it recognises both means of dispute settlement set out in this
provision, as compulsory in relation to any Party accepting the same obligation under the Convention. This Declaration shall remain valid for the period that the Government of the Republic of Botswana is a party to the Convention.”

Declaration made upon accession:

“… for purposes of Article 33(10) of the Convention, the Republic of Botswana declares that for any dispute not resolved in accordance with Article 33(2), it recognises as compulsory ipso facto, and without any special agreement in relation to any party accepting the same obligation, the submission of the dispute to the International Court of Justice; and/or Arbitration by an arbitral tribunal established in accordance with the procedure set out in the Annex to the Convention.”

Declaration made upon accession:

“… for purposes of Article 22(2) of the Convention, the Republic of Botswana declares that for any dispute not resolved in accordance with Article 22(1), it accepts as compulsory means of dispute settlement in relation to a Party accepting the same obligation, the submission of the dispute to the International Court of Justice; and Arbitration in accordance with the procedure set out in Annex IV to the Convention.”

Reservation made upon signature and confirmed upon ratification:

“The Government of the Republic of Botswana considers itself bound by Article 1 of the Convention to the extent that ‘torture’ means the torture and inhuman or degrading punishment or other treatment prohibited by Section 7 of the Constitution of the Republic of Botswana.”

Reservations made upon signature and confirmed upon ratification:

“The Government of the Republic of Botswana considers itself bound by:
a) Article 7 of the Covenant to the extent that “torture, cruel, inhuman or degrading treatment” means torture inhuman or degrading punishment or other treatment prohibited by Section 7 of the Constitution of the Republic of Botswana.
b) Article 12 paragraph 3 of the Covenant to the extent that the provisions are compatible with Section 14 of the Constitution of the Republic of Botswana relating to the imposition of restrictions reasonably required in certain exceptional instances.”

"Subject to the reservation that article 37 of the Convention should be applicable on the basis of reciprocity only."

"The Republic of Botswana will apply the Convention only to differences arising out of legal relationship, whether contrac- tual or not, which are considered commercial under Botswana law.
"The Republic of Botswana will apply the Convention to the Recognition and Enforcement of Awards made in the territory of another Contracting State."

"(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."

"Subject to the reservation of articles 7, 17, 26, 31, 32 and 34 and paragraph 1 of article 12 of the Convention."