A/HRC/31/59/Add.1 non-dominant groups are not likewise ensured that their Chiefs will be included in the Ntlo ya Dikgosi.21 33. While recognizing that the constitutional amendments are a step in the right direction, the Special Rapporteur concurs with the above-mentioned human rights mechanisms and expresses concern that, overall, the amendments have not sufficently addressed the underlying discrimination inherent in the legislation and in the social dynamics at the community level. The Constitution still allows preferred status for the Tswana tribes and the de facto automatic appointment of their Chiefs in the Ntlo ya Dikgosi. 34. In 2008, the Chieftainship Act was replaced by the Bogosi Act, which enables the recognition of tribes other than the eight Tswana tribes, provided that the relevant Minister, after consulting the tribal community concerned in its kgotla, recognizes that community as a tribe (see sections 2 and 3 of the Act). The Special Rapporteur considers this a positive step. Reference to the kgotla as the tribal decision-making body may not be adequate, however, as the kgotla system is typically Tswana and unfamiliar to many non-Tswana tribes. The Special Rapporteur also notes the discretionary powers granted to the Minister, who, in deciding whether a tribal community may be recognized as a tribe, “shall take into account the history, origins, and organizational structure of the community and any other relevant matters”. It is significant that, to date, no tribal community has been recognized as a “tribe” by virtue of the Bogosi Act. The Wayeyi applied for recognition as a tribe in 2008; they were consulted by three different Ministers in 2009, 2013 and 2014 respectively, and are still awaiting a decision. On various occasions, they were informed that consultations with “relevant stakeholders” were still under way and it has been indicated that other tribes were also being considered in order to make the recognition exercise holistic.22 The Specail Rapporteur raised this issue with the authorities, but did not receive any satisfactory explanation or information. B. Linguistic rights and policies and cultural diversity within the education system 35. In Botswana, English is the official language. Setswana, which is largely spoken by the population across community affiliations, is the national language used in public life. Minority languages are not recognized and do not enjoy any specific status. 36. The language policy has been criticized by minority tribes or groups as well as by human rights monitoring bodies, in particular with regard to the status of minority languages in education curricula as either a language of instruction or a subject. In the Botswana education system, Setswana is the language of instruction in the first grade; English is the language of instruction as of second grade and Setswana is a compulsory subject. When the Revised National Policy on Education was adopted in 1994, the National Commission on Education proposed introducing minority languages in the curriculum, however, without success. The recommendation that preschool children be taught in the dominant language of the area in which the school is location was deferred, as was the recommendation that schools should make arrangments to teach other languages as a cocurricular activity where requested by parents. The recommendations were rejected on the grounds that such steps would contradict the language policy and that there was a lack of capacity. Furthermore, the recommendation that preschool children be taught in the 21 22 A/HRC/15/37/Add.2, para. 51. See, for example, the answers to parliamentary questions No. 23 raised on 25 November 2011; No. 965(4) raised on 19 July 2012; and No. 1156 (14) raised on 16 August 2012. 9