When customary laws face civil society organisations: Gender issues in Botswana

Abstract

In Botswana, society continues to operate under a dual legal system: an indigenously-based customary
legal system, and received law, that is, the Constitution, based on a system inherited from the former
colonial state. The fact that the constitution places prominence on custom within a range of contexts is
particularly significant for women's rights. How far the Government is able to promote basic women's
rights and to what extent customary law takes precedence over constitutional law are two legitimate
questions yet to be clearly settled. This paper examines how customary law may be contrary to the
basic human rights of women, by means of investigating the role of several civil society organisations
that act to promote democracy and defend women's human rights. Moreover, the article assesses
Botswana's current level of legislative compliance with international obligations, in seeking to identify
priorities for working towards greater future compliance.