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

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dc.contributor.advisorKhan, Fatima
dc.contributor.authorSlave, Oratile
dc.date.accessioned2022-03-14T15:47:41Z
dc.date.available2022-03-14T15:47:41Z
dc.date.issued2021
dc.date.updated2022-03-14T15:47:09Z
dc.description.abstractBotswana 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.
dc.identifier.apacitationSlave, O. (2021). <i>Protection of the right of asylum-seeking children not to be unlawfully detained: a look into the laws of Botswana</i>. (). ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/36074en_ZA
dc.identifier.chicagocitationSlave, Oratile. <i>"Protection of the right of asylum-seeking children not to be unlawfully detained: a look into the laws of Botswana."</i> ., ,Faculty of Law ,Department of Public Law, 2021. http://hdl.handle.net/11427/36074en_ZA
dc.identifier.citationSlave, O. 2021. Protection of the right of asylum-seeking children not to be unlawfully detained: a look into the laws of Botswana. . ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/36074en_ZA
dc.identifier.ris TY - Master Thesis AU - Slave, Oratile AB - 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. DA - 2021 DB - OpenUCT DP - University of Cape Town KW - Botswana KW - human rights KW - refugee rights KW - asylum-seeking children KW - unlawfully detained LK - https://open.uct.ac.za PY - 2021 T1 - Protection of the right of asylum-seeking children not to be unlawfully detained: a look into the laws of Botswana TI - Protection of the right of asylum-seeking children not to be unlawfully detained: a look into the laws of Botswana UR - http://hdl.handle.net/11427/36074 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/36074
dc.identifier.vancouvercitationSlave O. Protection of the right of asylum-seeking children not to be unlawfully detained: a look into the laws of Botswana. []. ,Faculty of Law ,Department of Public Law, 2021 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/36074en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Public Law
dc.publisher.facultyFaculty of Law
dc.subjectBotswana
dc.subjecthuman rights
dc.subjectrefugee rights
dc.subjectasylum-seeking children
dc.subjectunlawfully detained
dc.titleProtection of the right of asylum-seeking children not to be unlawfully detained: a look into the laws of Botswana
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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