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Difference between revisions of "Adopting from Botswana"

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(Hague Convention Information)
 
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=Hague Convention Information=
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/bc-lgflag.gif|410x579px|thumb|'''The official flag.'''<BR/>Source: cia.gov.}}
  
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/bc-map.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}}
  
Botswana is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(the [http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]).  Intercountry adoptions of children from non-Hague countries are processed in accordance with [http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=8:1.0.1.2.8&idno=8#8:1.0.1.2.8.1.1.3 8 Code of Federal Regulations], Section  204.3 as it relates to orphans as defined under the [http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-434.html Immigration and Nationality Act], Section 101(b)(1)(F).
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/afr/bc_large_locator.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}}
  
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/photo_gallery/bc/images/BC_002.jpg|410x579px|thumb|'''Wildlife.'''<BR/>Source: cia.gov.}}
  
'''NOTE:''' The Ministry of Local Government maintains a list of families (currently over 200 families, both citizens and foreigners) who wish to adopt children. Currently, this list is much longer than the number of available children and families can wait many months or years before being matched.
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/7/7c/Gathering_food_in_the_Okavango.jpg|410x579px|thumb|'''A girl gathering food in the Okavango Delta.'''<BR/>Source: Wikipedia.org.}}
  
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/2/2f/Sunset_in_the_Okavango_Delta%2C_Botswana.jpg/800px-Sunset_in_the_Okavango_Delta%2C_Botswana.jpg|410x579px|thumb|'''Sunset in the Okavango Delta.'''<BR/>Source: Wikipedia.org.}}
  
Prospective adoptive parents must foster a prospective adoptive child for a period of six months in Botswana before they may conclude a full and final adoption. Once a child is legally adopted in Botswana, the adoptive parents must remain in Botswana with the child for a period of 12 months before they can legally remove the child to a different country. The Ministry of Local Government will grant exceptions in cases where there is a compelling reason (such as employment or schooling) for the adoptive family to depart Botswana. This legal requirement makes intercountry adoptions from Botswana extremely difficult for anyone other than long term residents. In traditional Setswana culture, adoption is neither common nor a preferred option for orphans or abandoned children. Extended families usually assume the role left to the state in many other countries. The Government of Botswana does not prefer these unofficial arrangements, and is currently re-writing the Adoption Act of 1952 in order to implement clear and compulsory legal procedures for custody, guardianship, and adoption of minors.
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/79/Southern_Accord_2012_Forces_Experience_Cultural_Day_in_Botswana_%287745454444%29.jpg/432px-Southern_Accord_2012_Forces_Experience_Cultural_Day_in_Botswana_%287745454444%29.jpg|410x579px|thumb|'''Dance at Cultural Day .'''<BR/>Source: Wikipedia.org.}}
  
  
'''U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS'''
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'''Notice: As of July 14, 2014, all individuals and agencies facilitating [[international]] adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].'''
  
 +
The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.
  
To bring an adopted child to the United States from Botswana, you must meet [http://adoption.state.gov/adoption_process/who_can_adopt/eligibility.php eligibility and suitability requirements].  The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines [http://adoption.state.gov/adoption_process/who.php Who Can Adopt] under U.S. immigration law.
 
  
Additionally, a child must meet the [http://adoption.state.gov/adoption_process/how_to_adopt/childeligibility.php definition of orphan] under U.S. law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.
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=About Botswana=
 +
 
 +
Formerly the British protectorate of Bechuanaland, [[Botswana]] [[adopted]] its new name upon independence in 1966. More than four decades of uninterrupted civilian leadership, progressive social [[policies]], and significant capital investment have created one of the most stable economies in Africa.  To learn more, read [[About Botswana]].
 +
 
 +
 
 +
=Hague Convention Information=
 +
 
 +
[[Botswana]] is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]](the [http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]). Intercountry adoptions of children from non-Hague countries are processed in accordance with [http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=8:1.0.1.2.8&idno=8#8:1.0.1.2.8.1.1.3 8 Code of Federal Regulations], Section  204.3 as it relates to orphans as defined under the [https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act Immigration and Nationality Act], Section 101(b)(1)(F).  Read more about [[Botswana and the Hague Convention]].
  
 
=Who Can Adopt=
 
=Who Can Adopt=
  
In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Botswana:
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In addition to U.S. immigration requirements, you must meet the several requirements in order to [[adopt]] a child from [[Botswana]].  To learn more, read about [[Who Can Adopt from Botswana]].
  
==Residency==
 
  
While prospective adoptive parents are not required to be permanent residents of Botswana in order to adopt, officials of the Department of Social Work within the Ministry of Local Government will verify work and residency documents before placing a prospective adoptive parent's name on the adoption “wait list.” When matched with a prospective adoptive child, prospective adoptive parents must foster the child first.
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=Who Can Be Adopted=
  
==Age of Adopting Parents==
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In addition to U.S. immigration requirements, [[Botswana]] has specific requirements that a child must meet in order to be eligible for [[adoption]].  To learn more, read about [[Who Can Be Adopted from Botswana]].
  
No person under the age of 25 may adopt a child, either either individually or jointly with their spouse.
 
  
==Marriage==
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=How to Adopt=
  
A married couple, widower, widow, unmarried, separated, or divorced person may adopt a child in Botswana.
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While the Ministry of Local Government has oversight of the entire process, the Magistrate Court is the only body which issues binding legal decisions regarding children's issues. The Magistrate Court is referred to as the Children's Court when it hears cases involving children. The Magistrate Court gives priority to children's cases, therefore [[custody]] and [[adoption]] cases do not queue with other matters before the court. While the court is under no legal obligation to involve social workers in children's issues, they typically do. However, social workers have described rare cases in which [[custody]] has been granted solely at the judge's discretion.  Learn more about [[How to Adopt from Botswana]].
  
==Income==
 
  
Even though there are no set income requirements, social workers will verify that prospective parents have adequate financial resources to care for a child.
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=Traveling Abroad=
  
==Other==
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'''Applying for Your U.S. Passport'''
  
While Botswana society is broadly tolerant, the penal code contains provisions that are widely understood to penalize same sex relations and there are no laws that protect the LGBT community from discrimination. The U.S. Embassy is unaware of any successful adoptions of children from Botswana by same sex couples from the United States. Same sex couples contemplating adopting a child from Botswana should seek legal advice in Botswana.
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U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport.  Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.  Getting or renewing a passport is easy.  The [https://travel.state.gov/content/travel/en/passports/passport-help.html Passport Application Wizard] will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place.  To learn more, read about [[Traveling Abroad in Botswana]].
  
=Who Can Be Adopted=
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=After Adoption=
  
In addition to U.S. immigration requirements, Botswana has specific requirements that a child must meet in order to be eligible for adoption: 
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The Department of State is not aware of any post-[[adoption]] reporting requirements at this time governing adoptions from [[Botswana]].
  
  
'''Relinquishment or Abandonment:'''
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'''Post-[[Adoption]] Resources'''
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Many [[Adoptive Parents|adoptive parents]] find it important to find support after the [[adoption]].  There are many public and private nonprofit post [[adoption]] services available for children and their families.  There are also numerous adoptive family support groups and [[adoptee]] [[organizations]] active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin.  Take advantage of all the resources available to your family -- whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services. 
  
Consent to the adoption must be given by:
 
*Both parents of the child or, if the child is born out of wedlock, by the mother of the child;
 
*The guardian of the child if both parents are dead, or in the case of a child born out of wedlock, if the mother is dead;
 
*By the surviving parent if one parent is dead and by any guardian of the child who may have been appointed by the deceased parent;
 
*If one parent has deserted the child, by the other parent;
 
*A guardian of the child appointed by the Minister of Local Government when both parents are dead, have deserted the child, or are incapable by reason of mental disorder or defect of consenting to the adoption.
 
  
##Age of Adoptive Child: There is no specific age requirement.  However, in order to be eligible to adopt a child over the age of 16, the prospective adoptive parents must be at least 25 years older than the child.
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Here are some places to start your support group search:
##Sibling Adoptions: Reasonable efforts will be made to prevent the separation of siblings during the adoption process.
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##Special Needs or Medical Conditions: Children with special needs can be adopted in Botswana, but special consideration or expedited processing is not possible.
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##Waiting Period or Foster Care: Prospective adoptive parents must foster a prospective adoptive child for a period of six months in Botswana before they may conclude a full and final adoption.  Once a child is legally adopted in Botswana, the adoptive parents must remain in Botswana with the child for a period of 12 months before they can legally remove the child to a different country.  The Ministry of Local Government will grant exceptions where there is a compelling need (such as employment or schooling) for the adoptive family to depart Botswana.  This legal requirement makes intercountry adoption from Botswana extremely difficult for anyone other than long term residents.
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If prospective adoptive parents wish to leave Botswana for a vacation or due to employment or school requirements during the six months in which they are fostering a prospective adoptive child, the Magistrate (Children’s) court must provide written permission prior to departure.  The same permission is required should the adoptive parents wish to temporarily depart Botswana during the 12 month period in which they are required to remain in Botswana after the adoption is finalized.  The U.S. Embassy will require both the court order granting custody and notice that the child is free to travel outside of Botswana before issuing a non-immigrant visa to the adoptive or prospective adoptive child.  In addition, it must be demonstrated to the satisfaction of the consular officer that the child has sufficient ties to Botswana to compel his/her return after a short visit to the United States.
 
  
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are adoptable. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, with the intention of returning for the child when they are able to do so.  In such cases, the birth parent(s) rarely would have relinquished their parental rights or consented to their child(ren)’s adoption.
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[https://www.childwelfare.gov/ Child Welfare Information Gateway]
  
=How to Adopt=
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[http://www.nacac.org/ North American Council on Adoptable Children]
  
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[http://www.adoptionservices.org/adoption_support_groups_family/index.htm Adoption Services Support Groups for Adopting Persons]
  
==    Adoption Authority==
 
  
==The Process==
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'''NOTE:''' Inclusion of non-U.S. Government links does not imply endorsement of contents.
  
=Traveling Abroad=
 
  
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=Contact Information=
  
=After Adoption=
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 +
'''U.S. Embassy in [[Botswana]]'''
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 +
Address:  Embassy Drive, Government Enclave
 +
Gaborone, [[Botswana]]
 +
Tel: 267-395-3982
 +
Fax: 267-318-0232
 +
Email:  consulargaborone@state.gov
 +
Internet: [http://botswana.usembassy.gov U.S. Embassy in Botswana]
 +
 +
 
 +
'''[[Botswana]]’s [[Adoption]] Authority: Ministry of Local Government'''
 +
 
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Address:  Bag 0097, Gaborone, [[Botswana]]
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Tel:  267-397-1916
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'''Embassy of [[Botswana]]'''
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Address:  1531 [[New Hampshire]] Ave. N.W.,
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[[Washington]], DC  20036
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Tel: 202-244-4990
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Fax: 202-244-4164
 +
Internet: [http://botswanaembassy.org Embassy of Botswana]
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'''U.S. Consulate General in Johannesburg, [[South Africa]]'''
 +
 
 +
Mailing Address:
 +
P.O. Box 787197, Sandton, 2146
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Johannesburg, [[South Africa]]
 +
 
 +
Physical Address:
 +
1 Sandton Drive, Sandhurst (opposite Sandton City Mall)
 +
Johannesburg, [[South Africa]]
 +
Tel: (27 11) 290-3000
 +
Fax: (27 11) (011) 884-0396
 +
Email: consularjohannesburg@state.gov
 +
 
 +
 
 +
'''Office of Children’s Issues'''
 +
 
 +
U.S. Department of State 
 +
CA/OCS/CI 
 +
SA-17, 9th Floor
 +
[[Washington]], DC 20522-1709
 +
Tel:  1-888-407-4747
 +
Email:  AskCI@state.gov
 +
Internet: [http://adoption.state.gov U.S. Department of State]
 +
 
 +
 
 +
'''U.S. Citizenship and Immigration Services (USCIS)'''
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 +
For questions about immigration procedures:
 +
National Customer Service Center (NCSC)
 +
Tel:  1-800-375-5283 (TTY 1-800-767-1833)
 +
Internet:  [http://uscis.gov USCIS]
 +
 
 +
 
 +
For questions about filing a Form [[I-600A]] or [[I-600]] petition:
 +
National Benefits Center
 +
Tel: 1-877-424-8374 (toll free); 1-816-251-2770 (local)
 +
Email:  NBC.Adoptions@DHS.gov
  
  
 
==SOURCE==
 
==SOURCE==
  
'''Intercountry Adoption, Bureau of Consular Affairs.  U.S. Department of State Country Information'''
+
'''Intercountry [[Adoption]], Bureau of Consular Affairs.  U.S. Department of State Country Information''' [[adoption]].state.gov/country_information/country_specific_info.php?country-select=[[botswana]]
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 +
[[Category: International Adoption]]

Latest revision as of 07:08, 10 July 2021

The official flag.
Source: cia.gov.

Map.
Source: cia.gov.

Map.
Source: cia.gov.

Wildlife.
Source: cia.gov.

A girl gathering food in the Okavango Delta.
Source: Wikipedia.org.

Sunset in the Okavango Delta.
Source: Wikipedia.org.

Dance at Cultural Day .
Source: Wikipedia.org.


Notice: As of July 14, 2014, all individuals and agencies facilitating international adoptions must be in compliance with the Intercountry Universal Accreditation Act.

The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.


About Botswana

Formerly the British protectorate of Bechuanaland, Botswana adopted its new name upon independence in 1966. More than four decades of uninterrupted civilian leadership, progressive social policies, and significant capital investment have created one of the most stable economies in Africa. To learn more, read About Botswana.


Hague Convention Information

Botswana is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption(the Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F). Read more about Botswana and the Hague Convention.

Who Can Adopt

In addition to U.S. immigration requirements, you must meet the several requirements in order to adopt a child from Botswana. To learn more, read about Who Can Adopt from Botswana.


Who Can Be Adopted

In addition to U.S. immigration requirements, Botswana has specific requirements that a child must meet in order to be eligible for adoption. To learn more, read about Who Can Be Adopted from Botswana.


How to Adopt

While the Ministry of Local Government has oversight of the entire process, the Magistrate Court is the only body which issues binding legal decisions regarding children's issues. The Magistrate Court is referred to as the Children's Court when it hears cases involving children. The Magistrate Court gives priority to children's cases, therefore custody and adoption cases do not queue with other matters before the court. While the court is under no legal obligation to involve social workers in children's issues, they typically do. However, social workers have described rare cases in which custody has been granted solely at the judge's discretion. Learn more about How to Adopt from Botswana.


Traveling Abroad

Applying for Your U.S. Passport

U.S. citizens are required by law to enter and depart the United States on a valid U.S. passport. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print—all in one place. To learn more, read about Traveling Abroad in Botswana.

After Adoption

The Department of State is not aware of any post-adoption reporting requirements at this time governing adoptions from Botswana.


Post-Adoption Resources

Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family -- whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services.


Here are some places to start your support group search:


Child Welfare Information Gateway

North American Council on Adoptable Children

Adoption Services Support Groups for Adopting Persons


NOTE: Inclusion of non-U.S. Government links does not imply endorsement of contents.


Contact Information

U.S. Embassy in Botswana

Address: Embassy Drive, Government Enclave Gaborone, Botswana Tel: 267-395-3982 Fax: 267-318-0232 Email: consulargaborone@state.gov Internet: U.S. Embassy in Botswana


Botswana’s Adoption Authority: Ministry of Local Government

Address: Bag 0097, Gaborone, Botswana Tel: 267-397-1916


Embassy of Botswana

Address: 1531 New Hampshire Ave. N.W., Washington, DC 20036 Tel: 202-244-4990 Fax: 202-244-4164 Internet: Embassy of Botswana


U.S. Consulate General in Johannesburg, South Africa

Mailing Address: P.O. Box 787197, Sandton, 2146 Johannesburg, South Africa

Physical Address: 1 Sandton Drive, Sandhurst (opposite Sandton City Mall) Johannesburg, South Africa Tel: (27 11) 290-3000 Fax: (27 11) (011) 884-0396 Email: consularjohannesburg@state.gov


Office of Children’s Issues

U.S. Department of State CA/OCS/CI SA-17, 9th Floor Washington, DC 20522-1709 Tel: 1-888-407-4747 Email: AskCI@state.gov Internet: U.S. Department of State


U.S. Citizenship and Immigration Services (USCIS)

For questions about immigration procedures: National Customer Service Center (NCSC) Tel: 1-800-375-5283 (TTY 1-800-767-1833) Internet: USCIS


For questions about filing a Form I-600A or I-600 petition: National Benefits Center Tel: 1-877-424-8374 (toll free); 1-816-251-2770 (local) Email: NBC.Adoptions@DHS.gov


SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information adoption.state.gov/country_information/country_specific_info.php?country-select=botswana