Botswana

There is no publicly available government data on child marriage in Botswana.

Child marriage is driven by gender inequality and the belief that women and girls are somehow inferior to men and boys.

There is very limited information on child marriage in Botswana, but available information suggests that it is exacerbated by:

Harmful traditional practices: In 2015, UNICEF reported that child marriage is most common among the Zezuru, Basarwa and parts of the Kgalagadi communities in the North West region due to the overall high prevalence of arranged marriages. Although traditional arranged marriages through betrothal (peeletso) are no longer permissible, customary law still enables young girls to marry with parental permission.

Botswana has committed to eliminate child, early and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals. The government did not provide an update on progress towards this target during its Voluntary National Review at the 2017 High Level Political Forum.

Botswana co-sponsored the following Human Rights Council resolutions: 2013 resolution on child, early and forced marriage, the 2017 resolution on recognising the need to address child, early and forced marriage in humanitarian contexts, and the 2019 resolution on the consequences of child marriage. Botswana also signed a joint statement at the 2014 Human Rights Council calling for a resolution on child marriage.

Botswana co-sponsored the 2018 UN General Assembly resolution on child, early and forced marriage.

Botswana acceded to the Convention on the Rights of the Child in 1995, which sets a minimum age of marriage of 18, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1996, which obligates states to ensure free and full consent to marriage.

During its 2010 review, the CEDAW Committee raised concerns about child marriages being one of the causes for girls dropping out of school in Botswana. It also raised concerns that the regulation of marriage registrations and raising of the minimum age of marriage to 18 under the Marriage Act Cap 29:01 did not apply to customary and religious marriages. In its 2019 review, the Committee reiterated their concerns about the persistence of child marriage and recommended Botswana to reinforce awareness-raising campaigns targeting families and communities on the harmful effects of child marriage.

In 2019, the Committee on the Rights of the Child expressed concerns that the prohibition of child marriage in the Marriage Act does not apply to customary and religious marriages, and recommended the country expeditiously amend it.

In 2001 Botswana ratified the African Charter on the Rights and Welfare of the Child, including Article 21 regarding the prohibition of child marriage. Botswana has not signed or ratified the African Charter on Human and People’s Rights on the Rights of Women in Africa, including Article 6 which sets the minimum age for marriage as 18.

Botswana is one of 20 countries which has committed to ending child marriage by the end of 2020 under the Ministerial Commitment on comprehensive sexuality education and sexual and reproductive health services for adolescents and young people in Eastern and Southern Africa.

Botswana is one of the countries where the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR)/DREAMS Initiative is working to reduce rates of HIV among adolescent girls and young women.

In 2019, a Member of the Parliament proposed a bill that would amend Section 15 of the Marriage Act by deleting it to ensure that child marriages are totally prohibited. As of January 2020, there are no updates on the adoption of this bill.

Under the Botswana Marriage Act 2001 the minimum age of marriage in Botswana is 21 years. A minor (someone under 21 years) who has not been widowed may marry at age 18 with the consent of their parents or guardians.

The Marriage Act does not apply to customary or religious unions (section 2 of the Act).