A/HRC/31/59/Add.1 remote villages in the Okavango Delta, members of Herero, Hambukushu or San communities do not feel sufficiently confident to address an assembly in Setswana, fearing that they may not be understood or that they may be misunderstood. 24. The Special Rapporteur is particularly concerned that the adjudication system in which judgement is handed down by a kgosi (traditional chief) leads to the imposition of the customary law of the dominant tribe in civil matters within a given tribal territory. While welcoming the fact that adjudication by customary courts in criminal matters are to be based on the Penal Code, the Special Rapporteur is concerned that traditional chiefs or the tribal administration are not required to have any particular training in that respect. She notes, however, that training is being developed in that area. The system of arbitration by headmen reportedly resolves about 80 per cent of cases at the ward level, but no records are maintained, which precludes the possibility of review by the administration. Moreover, the lack of records deprives the authorities of a useful source of information about developments and issues arising at the community level. In that respect, the Special Rapporteur welcomes the plan to introduce small claims courts that are based on common law in urban centres, which would bring justice closer to the people. 25. The participation of young people and women is often an issue in customary structures, which mostly elders attend, as it is difficult for working people to attend during weekdays. The Special Rapporteur was pleased to learn that some women act as Paramount Chiefs, however, that is clearly not sufficient to ensure the cultural rights of women on an equal basis with men. 2. Composition of the House of Chiefs, the Bogosi Act and the Tribal Territories Act 26. The Ntlo ya Dikgosi (House of Chiefs) is an advisory body to the Parliament of Botswana, that is consulted on all bills affecting tribal organization or property, organization, administration and powers of customary courts, as well as customary law.14 The composition of the Ntlo ya Dikgosi is regulated by sections 77, 78 and 79 of the Constitution. 27. Prior to 2007, the Ntlo ya Dikgosi consisted of 15 members: the Paramount Chiefs of the eight Tswana tribes as ex officio members, while all the other tribes or groups competed for the remaining seven seats through elections. Those constitutional provisions were complemented by the provisions of the 1933 Chieftainship Act, which defined “chief” and “tribe” with reference to the eight Tswana tribes only, and the 1933 Tribal Territories Act, which divided the tribal land for communal use into eight tribal territories named after the eight Tswana tribes.15 28. In 1999, one of the minority tribes, the Wayeyi, challenged the constitutionality of sections 77 to 79 of the Constitution, the Chieftainship Act and the Tribal Territories Act before the High Court, on the basis of sections 3 and 15 of the Constitution regarding fundamental rights and freedoms and non-discrimination. 29. In 2001, the High Court ordered the amendment of section 2 of the Chieftainship Act to address the alleged discrimination and afford equal protection and treatment to all tribes under the Act. The Court added that if other laws had to be amended to accord the applicants their rights, necessary action should be taken. The Court dismissed the challenges regarding sections 77 to 79 of the Constitution (arguing that one part of the Constitution cannot be made invalid by another part of the Constitution) and the Tribal Territories Act (on the ground that the Act, which was in force before the Constitution was 14 15 Constitution of Botswana, sect. 88 (2). See A/HRC/15/37/Add.2, paras. 40-44. 7