Botswana

The Republic of Botswana is often described as a flourishing multiparty democracy with a growing economy. However, women are still inadequately represented in high political and decision-making positions. In addition, despite the country's economic growth, there has also been an increase in poverty and social inequality. The relatively small population of 1.84 million has both a high per capita income, estimated at $13,300 in 2008, and one of the world's highest human immunodeficiency virus (HIV) infection rates. The national prevalence rate among adults [Page 179]aged 15 to 29 years is 24 percent. Women have an increased risk for HIV infection, and men aged 15 to 24 years experience an HIV prevalence rate of 5.7 percent, whereas women of the same age group experience prevalence rates of 15.3 percent.

Botswana has had a developed institutional framework to advance gender equality since the 1980s and has ratified several international and regional instruments regarding women's civil, political, socioeconomic, and cultural rights; for example, the Convention on the Elimination of All Forms of Discrimination Against Women and the African Charter on Human and People's Rights. Although the Constitution entitles men and women to equal fundamental rights and freedoms, accessing those rights depends on the application of common or customary law. The state reserves the right to confine rights on the basis of sex on “reasonable grounds,” often meaning that customary laws that discriminate against women continue to be reinforced.

Botswana confines rights based upon “reasonable grounds,” so that laws that discriminate against sex are still reinforced.

The 2004 Abolition of Marital Power Act, which abolished the common-law principle of marital power, reducing women to minor status, is one measure that has been implemented to address gender inequality. However, this act, too, has its flaws. The act does not define marriage, and therefore lacks universal application, as it only applies to civil marriages. Most women are married customarily, effectively meaning that marital power still applies.

Since the 1980s, Botswana has been the world's principal producer of diamonds, and mining is its most important industry. Tourism is also significant to the economy, although agriculture provides a livelihood for the majority of people. Because the country has a dual legal system, women have limited ownership rights in relation to access to land and property, compromising women's rights and economic opportunities.

Social attitudes and legislative structures are conservative regarding nonheteronormative sexual practice. For instance, in 1998 the penal code further criminalized same-sex sexual activity by extending the law to criminalize same-sex activities between women.

In 2002, Gender Links and the Media Institute of Southern Africa reported that women only accounted for 16 percent of known news sources.

Bessie Head, one of Africa's most prominent writers, moved to Botswana in 1964 as a refugee and was given citizenship in 1979. She died in Botswana in 1986. Her three major novels, When Rain Clouds Gather, Maru, and A Question of Power were written during her time in Botswana.