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 5

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