A/HRC/40/64 treated the same as the paramount chiefs of the eight Tswana tribes. Some receive no salary (the chiefs of the eight Tswana tribes do) and in practice may not be able to impose their authority on neighbouring subchiefs, thus meaning in concrete terms that the recognition is in some cases more theoretical than real. 26. Other laws still only recognize Tswana tribes and tribal structures and not those of minority tribes. For example, the Tribal Land Act of 1968, which deals with tribal land rights in Botswana, names tribal territories after the major Tswana tribes only and designates their chiefs as the custodians of these territories. 27. There are tensions surrounding the claimed predominance of the eight Tswana tribes in nominations in the current kgotla and chieftaincy system, which serve as the custodians of the culture of the people but also importantly address some 80 per cent of criminal and other matters in their communities. While the kgotla system provides for direct public participation and consultation at the local level, it seems that the adjudication system based on the kgosi may also result, at least in some cases, to the dominant tribe imposing its customary law on minority tribes in a tribal territory in civil matters. 28. There are also gender issues that arise from the kgotla and chieftaincy system, since women in minority communities – as well as the Tswana – do not seem to occupy many positions as kgosi. The principle of non-discrimination suggests that the future review of the whole kgotla and chieftaincy system necessarily consider how best to ensure the rights of political participation of women, including minority women, in a non-discriminatory way. 29. Overall, the Special Rapporteur is of the view that the current kgotla and chieftaincy system is neither consistent with the human rights obligations of Botswana nor conducive to long-term peace and stability in the country. 30. Land laws, still largely reflecting the colonial land tenure system set up by the British that specifically recognized Tswana interests in land over minority tribes in the country, are another continuing source of friction. Members of minority communities often perceive that they are being discriminated against because they do not receive the same recognition as the Tswana, particularly in the absence of a clear mechanism for demarking and recognizing traditional or historical land use or addressing long-standing grievances. Such an absence at least gives the impression that the system is not ethnically neutral nor susceptible to favouritism, particularly since it is claimed that Tswana customary law tends to dominate in these matters. 31. The Special Rapporteur expressed concern that the situation of the Basarwa and Bakgalagadi living in the Central Kalahari Game Reserve or those resettled in Kaudwane and New Xade, because of a continuing restrictive – and inaccurate – interpretation of the 2006 High Court judgment in Roy Sesana and Others v. Attorney General, are still subject to a limited right of return to the reserve, with access to water and State services also still unresolved, as are traditional hunting, grazing and foraging issues. 32. Tensions over the use of land by minority communities and wildlife management are also a particular feature of Botswana. The Special Rapporteur learned of minority communities in Kasane, as well as communities enclaved by the Chobe National Park and forest reserves, who feel poorly served in terms of the implementation of policies and programmes that should normally ensure equal access to State services, such as education and health, so that no one is left behind. Minority communities, such as the Basubiya, have limited access to the lease of very small plots of land, since their traditional lands are considered State land. While damage done by wildlife to their crops, homes, property and even to themselves means in theory that they are entitled to some compensation, the amounts involved are often either quite insignificant or at times never paid when the budget for compensation has been exhausted. There is also the challenge of inhabitants in some communities being locked in after 6.30 or 7.30 p.m. every evening, the road leading from their communities to Kasane, outside the national park where most government and other services are located, being closed except for emergency medical evacuation. The above issues raise the often expressed feeling that non-Tswana minorities who live in these communities are not fairly treated by the State authorities. 7