A/HRC/31/59/Add.1 orderly governance.9 However, the balance seems to be constantly at the heart of internal debates and negotiations, and issues, in particular in terms of the rights of women and minority groups, are raised when power is granted to unelected leaders. Those issues need to be addressed in the light of article 25 of the International Covenant on Civil and Political Rights, in particular, with regard to protecting the right of everyone to take part in the conduct of public affairs, directly or through freely chosen representatives. 18. Botswana’s system of governance and its impact on cultural rights and cultural diversity has been at the centre of discussions between the Government and the United Nations human rights mechanisms for more than a decade. Those issues relate in particular to the representation of non-Tswana tribes in the country’s political and judicial institutions through the implementation of the constitutional provisions establishing the Ntlo ya Dikgosi (House of Chiefs), which was reformed in 2005. 1. The kgotla system and customary courts 19. The Government has expressed its commitment to a system of political participation that is equally accessible to all and to ensure consultation with local communities in relation to decisions affecting them. There are indications, however, that existing mechanisms remain inadequate with regard to non-dominant groups. Botswana acknowledges that one challenge is to review laws and practices that are inconsistent with the full enjoyment of constitutional rights and international standards, and that the dual system comprising customary law and common law must be regularly reviewed to remove contradictions and inconsistencies.10 20. Governance at the level of local tribal and indigenous communities is ensured by the dikgosi (traditional chiefs), who may be considered as royal traditional leaders, as most positions are inherited, and through the kgotla system, which has its origins in Tswana customs and is recognized and regulated by the Bogosi Act. The kgotla is the meeting place for dispute resolution as well as for discussions regarding community matters, including development initiatives. 11 21. All courts may administer customary law, including customary courts developed in connection with the kgotla system and operating under the authority of chiefs or headmen. Customary courts deal with criminal and civil cases of limited extent, with possible appeals to the Customary Court of Appeal and then the High Court. 12 Under the Customary Law Act 1969, tribal customary law is valid to the extent that it is not incompatible with the provisions of any written law or contrary to morality, humanity or natural justice. 22. The kgotla system is an important institution for consultations at the local level and has enabled communities to remain the guardians of their cultural heritage. The Special Rapporteur attended a kgotla meeting in Ramotswa, where events and discussions with persons with disabilities, including children, were held. That demonstrates the capacity of the kgotla system to address the needs of marginalized groups. 23. The Special Rapporteur notes, however, that such institutions of local governance and adjudication fail to adequately accommodate the cultural patterns and traditional leadership structures of non-Tswana peoples, such as the Basarwa, who are traditionally organized around a system of clans and elders. 13 In some parts of the country, such as in 9 10 11 12 13 6 Ibid., p. 12. Ibid, p. 22. See Botswana, Bogosi Act, art. 2(1) and A/HRC/15/37/Add.2, para. 50. A/HRC/15/37/Add.2, para. 13. Ibid., para. 50.