A/HRC/15/37/Add.2
programmes. Government officials were unable to articulate to the Special Rapporteur
precisely how culturally adapted educational programming is being implemented.
37.
Apparent, instead, is an unavailability of mother-tongue education; insufficient and
inadequate incorporation of the history, culture and current conditions of minority
indigenous groups in schooling for the children of those groups; and a lack of trained
teachers and school officials from non-dominant indigenous groups. In fact, in its 1994
Revised National Policy on Education, the National Commission on Education
recommended mother-tongue instruction for children in pre-primary schools, but the
Ministry of Education did not accept this recommendation, noting that the proposed policy
was contrary to the national language policy.7
38.
The Government of Botswana has communicated to the Special Rapporteur that it
acknowledges the need to train teachers to deliver mother-tongue education, and that it has
now begun working towards the implementation of mother-tongue education programmes.
While this represents an important initiative, the Special Rapporteur takes note that the
Government still remains in the earliest stages of designing this programme.
39.
Another concern is the hostelling system used to provide education in remote areas
where teacher retention has been poor, which has resulted in the alienation of children from
their culture and families. The Government has indicated that it is exploring various options
aimed at attracting and retaining teachers in remote areas, which would minimize the need
for the hostelling system. For example, in its revised Remote Area Development
Programme, the Government expressed plans to encourage the construction and operation
of two-teacher, multigrade schools in remote areas, a process already under way with
regard to primary school education. Nevertheless, delivery of a culturally appropriate
education system remains a challenge in Botswana.
3
Land distribution
40.
Land laws that were passed in the early years of the independence of Botswana
continued to reflect the colonial land tenure system instituted by the British that specifically
recognized Tswana interests in land over those of non-dominant groups. These laws,
including the Tribal Territories Act of 1933 and the Tribal Land Act of 1968, are still in
force today, as are the land boards that, as noted above, were created in 1968 to administer
and hold in trust all tribal area lands in Botswana.
41.
The Tribal Territories Act divides the tribal land in Botswana that is available for
communal use into eight tribal territories named after the dominant Tswana tribes. While
the Act does not confer ownership rights on the named tribes, members of minority tribes
and civil society organizations highlighted the perception of the non-Tswana indigenous
groups that they were being discriminated against because they were not receiving the same
recognition as the dominant tribes.
42.
Botswana does not have in place a clear or effective mechanism through which
indigenous peoples can collectively seek the demarcation and titling of their lands on the
basis of traditional patterns of land use and occupancy, nor is there a procedure for
addressing historical grievances for lands lost in the past (see paragraphs 57–63 below).
Instead, the land boards hold all tribal land in trust and issue leases on an individual or
collective basis, presumably in a tribally neutral fashion. However, Tswana customary law
has continued to dominate the land board processes, and as a result, the administration of
7
GE.10-13968
Botswana, “The Revised National Policy on Education, April 1994”, as approved by the National
Assembly on 7 March 1994, Government Paper No. 2 (1994), Deferred Recommendation 12.
11