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Historic Step for Children’s Rights as Botswana Signs Amicable Settlement in IHRDA Child Sexual Abuse Case

BANJUL, THE GAMBIA | January 19, 2026 – The Institute for Human Rights and Development in Africa (IHRDA) welcomes a significant update from the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) regarding the case of ACM (represented by the Institute for Human Rights and Development in Africa) v. the Republic of Botswana (Communication No: 0024/Com/001/2023). Following successful negotiations by the parties facilitated by the ACERWC, the Government of Botswana and IHRDA have signed an Amicable Settlement Agreement, marking a critical milestone in the pursuit of justice for child survivors of sexual violence.

Background of the Case The communication was originally filed by IHRDA in February 2023 on behalf of “ACM,” a young girl who was subjected to repeated rape by a relative between 2017 and 2020, starting when she was just 14 years old. Despite the victim’s repeated reports to the police and the provision of multiple witness statements, the Botswana authorities failed to conduct an effective investigation or initiate prosecution. Furthermore, the State failed to provide the victim with necessary medical or psychosocial support, leaving her in a state of prolonged emotional distress. IHRDA argued that these systemic failures constituted a violation of the African Charter on the Rights and Welfare of the Child, specifically concerning the duty to protect children from abuse and torture.

The Amicable Settlement Under the auspices of the ACERWC during its 45th Ordinary Session in Maseru, Lesotho, the parties reached a settlement to resolve the matter through proactive remediation. The final signed agreement was executed on behalf of the Republic of Botswana by the Permanent Secretary, and includes important commitments:

  • Criminal Accountability: The State undertakes to ensure that the matter is prosecuted to its final conclusion, ensuring that the perpetrator is held legally accountable for the crimes committed.
  • Reparations and Support: The State will provide the victim with comprehensive medical and psychosocial support, as well as financial compensation of USD 7,500.00 for the damages suffered.
  • Structural Reforms: Botswana will implement national measures to curb the prevalence of child sexual abuse and ensure that future reports of sexual violence are met with effective investigations.
  • Progress Reporting: The Government is required to submit a progress report to the ACERWC by the end of December 2025, followed by periodic reports every six months until the agreement is fully implemented.

A Call for Full Implementation

While IHRDA commends the Government of Botswana for choosing the path of an amicable settlement over protracted litigation, the signing of the document is only the first step.

“This agreement represents a beacon of hope for ACM and many other children in Botswana in similar circumstances. Our expectation is that the Government of Botswana takes its constitutional and African Charter on the Rights and Welfare of the Child obligations seriously for the protection of its own children. IHRDA is always ready to support Botswana and other governments in this respect”, said Dr. Musa Kika, Executive Director of IHRDA. “However, the true measure of justice lies in the implementation. We urge the Government of Botswana to act with the utmost urgency to fulfill its promises, and ensure non-repetition of this situation in the future”.

The ACERWC remains seized of the matter and will monitor the State’s compliance through its formal diplomatic channels. IHRDA remains committed to working alongside the Committee and the victim to ensure that every provision of this agreement is honoured.

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