DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Botswana
Southern Africa · Country law profile
Botswana: women’s rights and civic space laws
Botswana’s Constitution prohibits discrimination, but the CEDAW Committee noted in 2025 that family law does not cover divorce and debt and that women are not awarded equal inheritance under State law. Abortion is allowed only on limited grounds, and consensual same-sex relations were decriminalised by court decision, upheld by the Court of Appeal in 2021. Women hold 9% of seats in the National Assembly after the October 2024 election and there are no electoral quotas. In June 2025 Botswana told the CEDAW Committee it ratified the Maputo Protocol in December 2023, while a Domestic Violence Act revision and an Employment and Labour Relations Bill with workplace sexual harassment provisions were under way.
At a glance
| Capital | Gaborone |
|---|---|
| Legal system | Mixed system of Roman-Dutch and English common law alongside customary law |
| Official languages | English (Setswana is the national language) |
Key indicators
9.0% (6 of 67)Women in National Assembly (2026)
About 45%Agricultural land owned by women (2022)
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | ratified December 2023 (as reported by the Government to the CEDAW Committee in June 2025) | |
| CEDAW | acceded 13 Aug 1996 | |
| CEDAW Optional Protocol | acceded 21 Feb 2007 | |
| African Charter on the Rights and Welfare of the Child | signed, ratified and deposited 10 Jul 2001 | None listed |
| ILO C190 Violence and Harassment Convention | Not ratified; the Government told the CEDAW Committee in June 2025 it was consulting on accession | |
| ILO C100 Equal Remuneration | ratified 5 Jun 1997 | |
| ILO C111 Discrimination (Employment and Occupation) | ratified 5 Jun 1997 | |
| ICCPR | signed and ratified 8 Sep 2000 | Declarations on Article 7 (limited to section 7 of the Constitution) and Article 12(3) (limited to section 14 of the Constitution) |
| Kampala Convention | Not signed (AU list as at 8 Jul 2024) | |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed (AU list as at 2 Feb 2026) | |
| Budapest Convention on Cybercrime | Not a party |
Constitution
| Constitution | Constitution of Botswana, 1966 (as amended); a constitutional review was under way in 2025 |
|---|---|
| Quotas or parity | No electoral quotas or reserved seats; 6 members are indirectly elected by the National Assembly. The Government told the CEDAW Committee that the constitutional review targets gender parity in parliament by 2030. |
National laws
Sexual harassment
Public Service Act; Employment and Labour Relations Bill (presented to Parliament July 2025)
The Public Service Act makes sexual harassment a punishable offence for public servants; the Bill would cover workplace sexual harassment more broadly.
Gaps: No general workplace sexual harassment law before the Bill.
Source: ohchr.org
Political participation and quotas
No quota law
No legislated or voluntary electoral quotas are recorded by IPU.
Gaps: Women hold 9% of National Assembly seats; a Gender Equality Bill was in development in 2025.
Source: data.ipu.org
Nationality
Citizenship law as interpreted in Attorney General v Unity Dow (1992)
The ruling found the citizenship law discriminatory and allowed women to pass citizenship to their children. Male and female foreign spouses can obtain citizenship after 5 years’ residence.
Source: ohchr.org
Trafficking
Anti-Human Trafficking (Amendment) Act, 2024
Aims to prevent, suppress and punish trafficking in persons; backed by a national action plan.
Gaps: Only three victims identified since the plan began; no comprehensive study of trafficking.
Source: ohchr.org
Online violence and cybercrime
Cybercrime and Computer Related Crimes Act, 2018
Criminalises unauthorised access, harassment, fraud, extortion and data offences using computers.
Gaps: The CEDAW Committee (2025) noted limited enforcement; the Data Protection Act 2018 also applies.
Source: coe.int
Same-sex relations
Not criminalised (Penal Code provisions struck down)
Court rulings found the Penal Code provisions on consensual same-sex relations unconstitutional; the Court of Appeal upheld this in 2021.
Source: ohchr.org
Gender-based and domestic violence
Domestic Violence Act, 2008, and Domestic Violence Regulations, 2013
Provides protection orders and other remedies for abuse within domestic relationships, including physical and sexual abuse. It limits withdrawal of cases at police level.
Gaps: The CEDAW Committee noted low prosecution rates for gender-based violence.
Source: rodra.co.za
Rape and sexual offences
Penal Code (Cap. 08:01), section 141 and defilement provisions
Criminalises rape and defilement of girls.
Gaps: Marital rape is not explicitly criminalised, as raised by the CEDAW Committee in 2019.
Source: ohchr.org
Family and personal status
Abolition of Marital Power Act, 2004
Removed the husband’s marital power so that married women have independent legal capacity and an equal say over joint property.
Source: rodra.co.za
Family and personal status
Children’s Act, 2009
Applies the best interests of the child to guardianship and custody and gives unmarried fathers rights of access and custody.
Source: rodra.co.za
Family and personal status
Customary Law Act, sections 2 and 10
Customary law applies only where it is compatible with written law, morality, humanity and natural justice.
Gaps: The CEDAW Committee found that customary law provisions still discriminate against women within the dual legal system.
Source: ohchr.org
Child marriage and age of marriage
Interpretation (Amendment) Act, 2013, section 45
Sets the age of majority at 18 for both sexes.
Gaps: The CEDAW Committee considered protection against child marriage insufficient, and the Marriage Act was under revision.
Source: rodra.co.za
Inheritance and succession
Administration of Estates Act
Allows estates of persons living a modern lifestyle to devolve under common law instead of customary law.
Gaps: Customary inheritance rules continue to apply to many estates and can disadvantage widows and daughters.
Source: rodra.co.za
Land and property
Married Persons Property Act, 2014
Lets spouses in customary marriages choose civil law property rules, including community of property, and allows the High Court to change the regime after marriage.
Gaps: The CEDAW Committee noted continuing gender discrimination in land allocation.
Source: rodra.co.za
Abortion and sexual and reproductive health
Penal Code amendment of 1991 on termination of pregnancy
Permits medical termination of pregnancy in limited circumstances defined by law.
Gaps: The CEDAW Committee noted that efforts to decriminalise abortion remain incomplete.
Source: rodra.co.za
Labour and maternity
Employment (Amendment) Act, 2010
Sets maternity pay at a minimum of 50 percent of salary and gives effect to ILO standards on equal pay and non-discrimination.
Gaps: The CEDAW Committee noted weak private sector coverage of sexual harassment and lack of childcare and breastfeeding provisions at work.
Source: rodra.co.za
Trafficking
Anti-Human Trafficking Act, 2014
Criminalises trafficking in persons, especially of women and children.
Source: rodra.co.za
Trafficking
Children’s Act, 2009 (child trafficking offence)
Makes it an offence to abduct or sell a child. Trafficking a child is also an offence. These offences are punishable by a fine or 5 to 15 years in prison.
Source: rodra.co.za
Access to justice and legal aid
Legal Aid Act, 2013
Establishes the national legal aid programme to improve access to justice, including for women.
Source: rodra.co.za
Access to justice and legal aid
Customary Courts Act, sections 37 and 42
Allows cases to be transferred from customary courts to ordinary courts in the interests of justice and permits appeals to the High Court.
Gaps: Customary courts have no mandatory referral mechanism for discrimination cases.
Source: rodra.co.za
Data protection
Data Protection Act No. 18 of 2024
Replaces the Data Protection Act 32 of 2018 and strengthens data subject rights. It requires breach notification within 72 hours and parental consent for children under 16 online.
Gaps: Commissioners of the Information and Data Protection Commission are appointed by the President, which raises independence concerns.
Source: misa.org
Civic space
| Cybercrime law | Cybercrime and Computer Related Crimes Act, 2018; Data Protection Act, 2018 |
|---|
Recent developments
- July 2025. CEDAW Committee published concluding observations on Botswana’s fifth report, urging action on discriminatory social norms, criminalisation of sexual violence and survivor services.
- July 2025. Employment and Labour Relations Bill, covering workplace sexual harassment, presented to Parliament.
- June 2025. CEDAW Committee reviewed Botswana; the delegation reported ratification of the Maputo Protocol in December 2023.
- October 2024. General election: women won 6 of 67 National Assembly seats (9%).
- 2024. Anti-Human Trafficking (Amendment) Act adopted.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Criminalise all forms of sexual violence comprehensively and fund survivor services and shelters (CEDAW Committee, 2025).
- Adopt legislation on equal pay for work of equal value and pass the Employment and Labour Relations Bill with workplace sexual harassment provisions (CEDAW Committee, 2025).
- Reform family and inheritance law so women inherit equally and divorce and debt are covered (CEDAW Committee, 2025).
- Introduce temporary special measures to raise women’s representation, in line with the parity-by-2030 target in the constitutional review (CEDAW Committee, 2025).
- Ratify ILO C190.
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: female genital mutilation, harmful practices, girls’ education, social protection, older persons, women and girls with disabilities, human rights defenders. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 4 of the 13 human rights and governance treaties below are ratified.
| AU treaty | Status | AU list dated |
|---|---|---|
| Maputo Protocol (rights of women) | Not signed | 19/09/2023 |
| African Charter on Human and Peoples’ Rights | Ratified 17/07/1986 | 15/06/2017 |
| African Charter on the Rights and Welfare of the Child | Ratified 10/07/2001 | 14/02/2023 |
| Protocol establishing the African Court on Human and Peoples’ Rights | Signed 1998, not ratified | 14/02/2023 |
| African Charter on Democracy, Elections and Governance | Not signed | 08/07/2024 |
| AU Convention on Ending Violence against Women and Girls | Not signed | 22/05/2026 |
| Protocol on the Rights of Persons with Disabilities | Not signed | 22/05/2026 |
| Protocol on the Rights of Older Persons | Not signed | 22/05/2026 |
| Protocol on Social Protection and Social Security | Not signed | 22/05/2026 |
| African Youth Charter | Not signed | 19/09/2023 |
| OAU Refugee Convention | Ratified 04/05/1995 | 16/05/2019 |
| AU Convention on Preventing and Combating Corruption | Ratified 14/05/2014 | 14/02/2023 |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed | 02/02/2026 |
Other AU treaties (16)
Sources (17)
- data.ipu.org · women ranking
- ohchr.org · experts committee elimination discrimination against wome…
- whatconvention.org · 97
- treaties.un.org · iv 8 b.en
- acerwc.africa · ratifications
- whatconvention.org · 119
- whatconvention.org · 120
- treaties.un.org · IV 4.en
- au.int · 36846 sl AFRICAN UNION CONVENTION FOR THE PROTECTION AND …
- au.int · 29560 sl AFRICAN UNION CONVENTION ON CYBER SECURITY AND P…
- coe.int · parties observers
- data.ipu.org · BW
- coe.int · botswana
- ohchr.org · un cedaw committee publishes findings afghanistan botswan…
- rodra.co.za · Botswana fourth periodic report to CEDAW 2017
- ohchr.org · OHCHR: CEDAW review of Botswana 2019
- misa.org · MISA: New Botswana Data Protection Act
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Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.