A/HRC/19/56/Add.1 48. Government representatives noted that pre-genocide policies had been based on an ethnic quota system for access to secondary and higher education, training and Government employment, based on the percentage of each ethnic group in the general population. That quota-based system was instituted by the Hutu-led Government in reaction to the privileges previously afforded to those identified as Tutsi. The post-genocide Government, in its effort to eliminate ethnicity as a basis for privileges, made a strong commitment to a merit-based system based solely on test scores. There are currently no affirmative action programmes for those who may have in the past faced disadvantage or discrimination. B. The situation of Batwa communities in Rwanda 49. While the Constitution rejects ethnic classifications, it does recognize an undefined group referred to as “historically marginalized people”. The 2011 National Social Protection Strategy states that: “historically marginalised people – who number around 2530,000 in total – are believed to experience higher levels of poverty and worse social indicators than the general population, although little objective data is available” (p. 13). While the Batwa are considered to be in the category of “historically marginalized people”, there is a lack of clarity with regard to the category‟s precise official definition. It is evident that the Government also includes other vulnerable groups among the category. 50. The Senate Commission in charge of Social Affairs, Human Rights and Social Issues published the Report on the Conditions of Some Rwandans Disadvantaged Throughout History (the Senate Report), widely understood to be focused on the Batwa. This report highlighted that: “some people still have the attitude of despising them, of not seeing them as genuine human beings, and they address them in words fuelling discrimination”.27 51. The Senate Report concluded that “these Rwandans have special and serious problems to be solved as a matter of urgency”, including: “not seeing themselves as people with importance and rights; living like animals, as they have no adequate accommodation; not having any land to cultivate or to be used for development activities; not having property or crafts to help them earn a living; not utilizing healthcare services; lacking income and jobs; not having their children in school; early marriage or promiscuity; ignorance; and not socializing with other Rwandans”. NGOs that the independent expert consulted stated that these findings remain accurate and little progress has been made in improving the situation of the Batwa. 52. The lack of disaggregated official statistics means that problems, including poor socio-economic conditions and declining Batwa numbers, are not apparent in official data. Disaggregated data would help reveal the full extent of such problems and allow informed and targeted policy and programme responses. Batwa representatives emphasize that a Government policy to treat all as equal has as a consequence the failure of national Government and local authorities to acknowledge or respond to their particular economic and social circumstances. 53. In May 2009 the Human Rights Committee stated its concern regarding reports that members of the Batwa community are victims of marginalization and discrimination (art. 27 of the Covenant). The Committee recommended that Rwanda: “should take steps to ensure that members of the Batwa community are protected against discrimination in every 27 14 Rwanda, Senate Chamber, Commission in charge of Social Affairs, Human Rights and Social Issues, Report on the Living Conditions of Some Rwandans Disadvantaged Throughout History (Kigali, 2007).