chapter  6
50 Pages

Botswana: Dualism Reinforced

ByOnkemetse Tshosa

This chapter examines the extent to which Botswana's inherited monist-dualist approach has been implemented in the post-independence legal order with respect to human rights law. It analyses the human rights norms in the Bill of Rights against similar rights in major international human rights instruments to determine whether national human rights norms not only reflect and, domestically incorporate, international standards for the protection of such norms, but also reinforce the dualist or monist approach regarding the inter-relations between international law and Botswana national law. The chapter also examines the manner in, and extent to, which courts have handled the inherited approach. It explores whether, and the extent to which, the courts have utilised international human rights norms in enforcing national human rights law. The chapter focuses on those national human rights issues where international human rights norms have, explicitly or implicitly, arisen.