This article examines the extent to which Botswana has been able to resolve the conflict between
customary law and its obligations under international human rights law. Although not intended to
give a detailed picture of all customary practices that violate human rights, it will raise questions
about those patterns and norms which pose a danger to the human rights, especially of women
and children. Customary courts in Botswana continue to enjoy legitimacy among the people.
Nevertheless, some aspects of the customary court system derogate from the essentials of justice,
fairness and the rule of law. What is a matter of greater concern is that courts, especially the
High Courts, which are the primary means of enforcing the Bill of Rights under the Constitution
of Botswana, seem to have been reluctant to use their powers in matters referred to them from
customary courts.