A/HRC/31/59/Add.1 common law in an effort to preserve its cultural heritage and ensure development, while finding its own path, and should be encouraged in these efforts. 78. The Government is eager to ensure that everyone and every community feel included in the development process. The Special Rapporteur stresses, however, that while communities are willing to develop economically, they are not always ready to follow the model proposed by the Government. Instead, they seek alternatives that would enable to them to better reconcile economic development and the preservation of their specific ways of life and world vision. The contributions of those communities could strengthen Botswana’s approach to development. 79. The Government has taken numerous measures to communicate its development policies to the relevant communities. Nonetheless, some communities still have great difficulties in understanding the policies in place and future plans, which gives rise to misunderstandings and suspicion. In many of the places visited, the Special Rapporteur heard the frustration, anger and fears expressed by the people, sometimes in relation to events that took place decades ago. The Special Rapporteur was unable to establish whether those events qualify as human rights violations or not. However, she believes that the Government should acknowledge and address such legacies, clarify the events that took place and listen to the narratives of the various communities with regard to those events. The Government should also facilitate memorialization, and provide the necessary space for those affected to articulate their diverse narratives in culturally meaningful ways, so as to engage in genuine consultations with communities for the future. International, constitutional, and organizational framework 80. Botswana is encouraged to ratify the International Covenant on Economic, Social and Cultural Rights. 81. Section 15 of the Constitution of Botswana should be reviewed, in particular, sub-sections 4 (c) and (d) and 9 (a), in order to eliminate exceptions to the principle of non-discrimination that are not in compliance with international human rights treaties. 82. The Special Rapporteur welcomes the ongoing efforts towards the establishment of a national human rights institution. All efforts should be made to ensure compliance with the Paris Principles as well as ownership of the institution by the people, through in particular wide consultations as well as the effective and informed participation of non-governmental organizations in the discussions on the final design and establishment of the institution. Governance, cultural rights and respect for cultural diversity 83. While constitutional and legislative reforms have provided for greater participation by historically underrepresented groups in the Ntlo ya Dikgosi, the Government should continue working to ensure that those groups are in fact effectively represented in that institution, with due regard to the traditional leadership structures and the practices of all the tribes in Botswana. 84. The Special Rapporteur recommends that the State: (a) Gather information on mother tongues in the next population census; (b) Enhance the capacity of the kgotla system to take on board marginalized groups and people, such as women and minorities; 19

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