Interpol
21 March 2010



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Legislation of INTERPOL member states on missing Children
Bolivia Contents Brazil
Botswana - Botswana - Botsuana
Gaborone



I. Categories of missing children

No information has been given about the different categories of missing children .

Cases of parental abductions and kidnapping are not treated as missing children cases.

Botswana does not compile annual statistics on missing children.


II. National regulations

National legislation.

There is no law or regulation governing the reporting and handling of cases of missing children. There is however a standing policy or instruction adpoted by the Police which governs the leading of investigations of cases of missing persons.

International Texts.

Botswana has not signed the Hague Convention 1993 on the subject of transborder parental abduction, neither any bilateral cooperation agreements with other countries.


III. Means of investigation

Police investigations.

There is no specific unit dealing with cases of missing children. The Botswana Police Service is responsible.

Botswana police does not have a Central Police File where all the cases reported are centralized.

The conducting of police investigations is regulated by the Standing order n° 48.

Standing order n° 48 'Missing persons' :

  1. Registers to be maintained-

Every Police station will maintain a register of missing person, and any member receiving a report that any person is missing without reasonable explanation is required to ensurethat the report is recorded without delay at the police station responsible for the area to xhich the report refers, and to take such other action as is otherwise required of him in terms of this order.

  1. Immediate action

    1. Any member receiving a missing person report while on patrol may delay making an early report to a police station (as required in § 1) if in the circumstances applicable it is possible and reasonable for him to carry out and / or organize an immediate search in the area concerned. But if such search is unsuccessful, or id inadequate, an early report to the police station concrened should then be made.
    2. Prompt action on missing person reports can often result in saving the lives of persons, particularly elderly persons and children, who have become lost in the bush, and there are cases on record where swift police action has saved the lives of persons reported missing who were in fact the intended victims of ritual murders.
    3. Station commanders, officers for the time being in charge of police stations, and any other members clearly having a responsibility to take action on receipt of a report that any person is missing, are required to take such immediate steps to trace missing persons as is indicated by the circumstances.
    4. No report should be treated lightly. If a report turns out to be false or frivolous, action can be taken against the person responsible, but until a report is proved to be false or frivolous all possible action should be taken, particularly when the life of the missing person may be at risk.
    5. Missing person reports received at any station must be passed as soon as possible either to the Station Commander, or the officer for the time being in chargeof the police station concerned.
  1. Classification of reports - reports can usually be classified as follows :

    1. persons who become lost in the bush ;
    2. persons (usually young people or children) who have wandered away from their homes, or who have become separated from the people they were accompanying in strange town or villages ;
    3. persons who have disappeared from their places of residence without trace or explanation.
  1. Recording of reports

    1. All missing person repôrts will be the subject of immediate Occurence Book entries.
    2. Register entries will be made on the authority of Station Commanders and other authrized officers, and must in any case be made where a missing person is not traced within 24 hours of a report being made.
    3. Where a missing person is traced before the making of an entry in the register as required by (b) above, only a further O.B. entry is required, unless because of the death of the person concerned, or the disclosure of any offence with regard to such person, action is required in term of other standing orders applicable.
    4. If a missing person is not traced within 24 hours, then in addition to the making of a register entry, and continued investigation and search, the following action is required :

    1. a radio telex circulation giving particulars of the occurence must be sent to

    • O.C. district
    • CIDPOL (North ot south as applicable)
    • Any district or station likely to be of direct assistance in tracing the missing person

The circulation should be copied to COMPOL and CRIME.

    1. A missing person report form (BP 96) must be completed and copies sent to :

    1. Force Headquarters (COMPOL)
    2. CID Headquarters (CRIME)
    3. District Commander
    4. DCIO (North or South as applicable)
    5. Any District or Station likely to be of direct assistance in tracing the missing person.

    1. CID Headquarters will maintain a register of all persons reported to them as missing.
    2. An investigation docket should be opened and maintained in the usual manner.
    3. The addresses indicated in (e) above should be informed when missing persons are traced.
  1. Statements

    1. With regard to each missing person a statement on oath is be recorded as soon as possible from the person making the report, but this must not be allowed to delay any action which might immediately be necessary to trace the person missing.
    2. Statements should also be recorded from any other persons who may be able to help in tracing missing person, corroborate other statements, or shed light on the missing person's disappearance.
    3. In addition to the physical description of missing persons, and their clothing, any other available information regarding their appearance should be noted, for exemple, whether they are usually clean or dirty, neat or untidy, smartly dressed, etc.
  1. Additional information

    The statements should contain any information which might assist in tracing missing person. For instance :

    1. Particulars of any friends or relatives they might visit.
    2. Particulars of previous disappearance.
    3. Whether they have taken any blankets or other personal possessions.
    4. Whether they have recently been ill, or of unsound mind.
    5. Whether there is any reason why they might have considered it expedient to leave home ; e.g. because of a disagreement, fight, or argument.
    6. Details of the type of employment they usually undertake, or might be likely to undertake.
  1. Enquiries

In carriyng out enquiries to trace missing persons it will be obviously be necessary to interview relatives, friends, acquaintances, fellow workers, etc.

Investigators should at all times be careful to approach such person courteously, but they must bear in mind the possibility of foul play by either relatives or others, and remember that the reasons for a person's disappearance are not necessarily as innocent as they may appear at first sight.

  1. Retention of dockets.

    1. Dockets related to persons who remain untraced will be retained in a file specifically maintained ans intended for easy and regular reference.
    2. These dockets will be regularly reviewed even when normal enquiries have been abandoned, and periodic enquiries made to established whether the subjects whereabouts has become known, or new information has become available.
    3. Dockets may only be closed when missing persons are traced, and may then be disposed of in the normal way.
    4. Register entries relating to untraced persons will be carried forward in registers at least yearly, and whenever a new register is opened.
    5. Register entries will not be cancelled, and will be carried indefinitly until the missing persons to whom they refer are traced or death can be presumed due to the passage of time.
  1. Absconded persons

Police are often asfed to assist in tracing persons who leave their homes to tive or work in other parts of the country, and of whom their relatives have not heard for a considerable time.

Such persons can not be describe as 'missing persons' and , in fact they may have good reasons for keeping away from their relatives and old associates.

Requests to trace such people should always be referred to O.C. Districts and if they consider that enquiries should be instituted, request should be passed to the DCIO concerned. Persons who are then traced will be informed that relatives wish to ascertain their whereabouts, will be advised of the address of such relatives and asked to communicate with them. On no account are the relatives to be given the address of such persons without their consent. "

The Police take the decision whether the disappearance should be reported at national, regional or interantional level. It bases its decision upon the nationality of the subject suspected of kidnapping or the nationality of the missing person.

Collaboration with international organizations, non governmental organizations (NGO) or private associations.

There is not an active cooperation between non governmental organizations and the Police. The Police mainly liaise with parents.

INTERPOL

Cooperation with INTERPOL is considered as crucial specially in this area.

Media (TV, Internet...)

Authorities use local media, radio Botswana and Daily News.

There is no toll free telephone number specific for children reporting cases, but only a telephone number which is used for reporting cases in general

Legislation of INTERPOL member states on missing Children
Bolivia Contents Brazil
Last modified on 3 Aug 2007 
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