A/HRC/40/64
15.
Among the positive developments noted in his report are the efforts to address the
disadvantages faced by remote-area populations and marginalized groups who are often
persons who belong to minorities, such as the Basarwa, including a five-year informal plan
of affirmative action with regard to the recruitment of persons belonging to minorities in
the army, police and prison systems, and the Remote Area Development Programme.
Revisions to this programme have come to accept a community-led development approach
that aims to promote participatory processes and community participation in issues
affecting their own development, and the need for affirmative measures for the benefit of
communities, including, inter alia, minority communities that have faced intractable
disadvantages, either for logistical reasons, or because of long-standing historical prejudice
and subjugation by the dominant groups. These measures cover matters such as improved
access to education, health, employment and economic development opportunities.
Minorities in these remote areas tend to benefit from the programme.
16.
Additionally, religious minorities do not seem to face any major obstacles or
discrimination in terms of accessing education, and it is noteworthy that reports of hate
speech or incitement targeting them or other minorities appear to be practically non-existent.
17.
The Government’s policy plan entitled “Vision 2036: Achieving Prosperity for All”
was also commendable as it contained a statement that all ethnic groups would have equal
recognition and representation at the Ntlo ya Dikgosi (“House of Chiefs”). In a section
dealing with what is described as the fourth pillar, involving the constitution and human
rights, the Vision aims for Botswana being among the top countries protecting human rights.
In another section, it refers to the recognition of the cultural heritage and identity that
Botswana must maintain and promote in order to achieve an inclusive and equal
opportunity nation, as well as to enable all its communities to freely live, practice and
celebrate their diverse cultures, including their languages. The Special Rapporteur noted
that, in 2012, during the second cycle of the universal periodic review, the Government
indicated that it appreciated the importance of mother tongue education and that it would
explore strategies for this purpose, including by introducing teacher aides at the primary
school level. It has also been brought to the attention of the Special Rapporteur that the
Government has committed to ratifying soon the Convention on the Rights of Persons with
Disabilities.
18.
There are nevertheless areas of concern that have been expressed by a number of
minorities and civil society organizations. One of the prominent issues still to be addressed
is the absence of a more comprehensive human rights framework, such as a bill of rights,
and a review of the Constitution, so that the country becomes more aligned with the
obligations enshrined in the core international human rights treaties. The Special
Rapporteur pointed out that vulnerable or marginalized individuals and communities,
including particularly minorities, are those most likely to be affected by the absence of a
more comprehensive approach to the recognition and protection of human rights. The
Special Rapporteur urged for the future human rights mandate of the Office of the
Ombudsman to comply with the principles relating to the status of national institutions for
the promotion and protection of human rights (the Paris Principles), and that it continue its
positive engagement and efforts in this regard, including through technical assistance by the
United Nations and consultations with national human rights institutions from other
countries.
19.
More generally, concerns expressed included the refusal to use minority languages
in education or public media, access to essential and other public services in areas inhabited
by minorities, the representation of minorities in political and other State institutions and in
the symbolic and other structures of the State deemed to be more reflective of the Tswana
majority, and indeed to discriminate against non-Tswana minorities.
20.
The Special Rapporteur also highlighted in his report the refusal to allow the
licensing of community radios that could broadcast in minority languages and the
prohibition of the teaching of a minority language in a private school, as well as the more
generalized reluctance to teach in languages other than English and Setswana, which could
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