transgender woman who successfully
challenged the government’s refusal to
change her gender from male to female in
her identity document as unconstitutional.
Tshepo Ricki Kgositau had unsuccessfully
applied to the Civil and National Registration
Office in Gaborone to change her gender
identity. The Office advised her to seek a
court order after denying her application.
INTERNATIONAL JUSTICE
On 17 July, Parliament passed a bill which
incorporated the Rome Statute of the
International Criminal Court into domestic
law, including the offences of genocide,
crimes against humanity and war crimes.
This followed Botswana’s ratification of the
Rome Statute in 2000.
DEATH PENALTY
Tshiamo Kgalalelo and Mmika Mpe were
sentenced to death on 13 December; they
were convicted of murder and other charges,
including theft and abduction, in the Lobatse
High Court in May.
BRAZIL
Federative Republic of Brazil
Head of state and government: Michel Temer
A number of proposals which threatened
human rights and represented huge
setbacks to existing law and policy made
their way through the legislative process.
Violence and killings increased, mostly
affecting young black males. Conflicts over
land and natural resources resulted in
dozens of killings. Human rights defenders
were not effectively protected. Police
responded to most protests with
unnecessary and excessive force.
LEGAL, CONSTITUTIONAL OR
INSTITUTIONAL DEVELOPMENTS
Up to 200 different proposals for
constitutional amendments, new laws and
changes to existing legislation threatened a
range of human rights. Among other
98
retrogressive measures, proposals were
introduced to reduce the age at which
children can be tried as adults to below 18;
change or revoke the Disarmament Bill,
facilitating licensing and purchasing of
firearms; restrict the right to peaceful
assembly and to criminalize social protests;
impose a full ban on abortion, violating the
sexual and reproductive rights of women and
girls; change the land demarcation process
and requirements for free, prior and informed
consent of Indigenous Peoples and Afrodescendant communities; and reduce the
protection of labour rights and access to
social security.
Law 13.491/2017, signed by President
Temer on 13 October, provided that human
rights violations, including murder or
attempted murder, committed by military
personnel against civilians would be tried by
military courts.1 The Law violated the right to
a fair trial, as military courts in Brazil did not
guarantee judicial independence.
Despite these setbacks, in May a new
migration law (Law 13.445/2017) came into
effect, representing improvements to
migrants’ rights.
INTERNATIONAL SCRUTINY
Brazil’s human rights record was examined
for the third time under the UN
UPR process.2 Brazil received 246
recommendations, including on Indigenous
Peoples’ rights to land; killings by the police;
torture and degrading conditions in prisons;
and protection of human rights defenders.
Brazil accepted all but four
recommendations; however, there remained
concerns about their implementation in the
context of the retrogressive laws and policies
adopted during the year.
In May the Inter-American Court of Human
Rights issued a ruling against Brazil for its
failure to grant justice for the killing by police
of 26 people in Favela Nova Brasília, in
Complexo do Alemão, city of Rio de Janeiro,
in October 1994 and May 1995.
Amnesty International Report 2017/18
Select target paragraph3
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