A/HRC/15/37/Add.2 communities, such as establishing two-teacher schools in remote areas and providing transportation to and from schools. 4. Land distribution 86. Even though it does not specifically confer ownership rights, the Tribal Territories Act of 1933 should be reformed to eliminate references to dominant Tswana tribes. 87. The Government has adopted important measures to enhance community understanding of land board processes and standards. The respective land boards of each tribal area should seek to further clarify and make publicly available, including through the utilization of community education programmes, the process for submitting an application for a lease, including the basis upon which a land board will or will not issue such a lease. 88. Certain indigenous groups continue to suffer from a lack of secure land tenure, including access to and use of their ancestral lands and resources, in part due to the non-recognition of these groups’ customary land-use practices. In consultation with the affected indigenous peoples, the Government should seek to identify the lands traditionally used and occupied by these indigenous groups and incorporate into the land-board system a respect for and recognition of those groups’ particular interests in such lands. In particular, a provision should be made for securing collective landholdings by communities in accordance with traditional land-use patterns. 89. Legislation and policy related to natural resource use and management, particularly that related to hunting and gathering rights and access to conservation areas, should be reviewed and reformed, in accordance with international human rights norms, to accommodate the traditional cultural patterns of non-dominant indigenous peoples, many of whom were displaced during the creation of conservation areas and continue to face exclusion from those areas. B. Participation and consultation 90. Indigenous peoples or tribes that are ethnically distinct from the majority Tswana tribes are underrepresented in legislative and administrative institutions at both the national and district levels. Affirmative measures should be further developed and implemented, in consultation with the affected peoples, to enhance representation by minority indigenous groups at all levels and in all institutions of government, including in administrative and legislative bodies at both the national and district levels. 91. While recent constitutional and legislative reforms provide for greater participation by historically underrepresented groups in the Ntlo ya Dikgosi, the Government should continue working to ensure that these groups are in fact effectively represented in both that institution and in the National Assembly, with due regard to the traditional leadership structures and practices of all tribes in Botswana. 92. Local indigenous communities that are underrepresented in the political processes and government institutions have not been adequately consulted, in accordance with relevant international standards, in significant decisions that affect their lives and communities. The Government should work, in consultation with the indigenous peoples of Botswana, to develop and implement a comprehensive policy and corresponding procedure directed specifically at facilitating consultations with local communities on all issues that affect their particular rights and interests. This policy and procedure should be incorporated into law, and should, inter alia: 20 GE.10-13968

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