A/HRC/15/37/Add.2 B. Participation and consultation 48. The Government has expressed a 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. However, there are a number of indications that existing mechanisms are in fact inadequate with regard to minority or non-dominant indigenous groups. 1. Participation in governance 49. The Constitution of Botswana recognizes the right of all citizens, regardless of tribal affiliation, to vote and participate in national political processes. However, it is apparent that, despite the formal status of equality enjoyed by all citizens in relation to the means of political participation, those citizens who are members of minority indigenous groups are themselves disproportionately absent from national and district-level representative bodies and government agencies. The Special Rapporteur heard reports, confirmed by Government officials, that due to various socio-economic factors and histories of marginalization, nondominant indigenous groups face particular challenges in participating in district-level governance processes, even in districts where their communities are numerically sizeable. 50. Governance at the level of local tribal and indigenous communities is through the system of kgosi (traditional chiefs) and kgotla meetings, a system with origins in Tswana custom that is recognized and regulated by the Bogosi Act. The kgotla is the meeting place for dispute resolution, as well as for discussions regarding matters of concern to the community, including development initiatives. While such institutions of local governance are appropriate to many communities, and to that extent are to be encouraged, the Special Rapporteur notes that they may fail to adequately accommodate to the cultural patterns and traditional leadership structures of non-Tswana peoples, such as the Basarwa, which are traditionally organized around a system of clans and elders. 51. Additionally, the Special Rapporteur remains concerned over the process of selecting members of the Ntlo ya Dikgosi (House of Chiefs). Notably, the Special Rapporteur heard concerns that despite the amendments to the Constitution, discussed in section II (B) above, the process for determining membership in the Ntlo ya Dikgosi still disadvantages non-dominant tribes and favours Tswana leadership. The constitutional amendments of 2007 increase the number of members of the Ntlo ya Dikgosi but do not provide for each tribe to be represented by its own chief. Members are selected by geographic region and presidential appointment, through a complex system in which demographic factors and the distribution of chiefs at the tribal level ensure representation by a number of Tswana chiefs. Non-dominant indigenous groups are not likewise ensured that their chiefs are included in the Ntlo ya Dikgosi. 2. Consultation 52. The Special Rapporteur also remains concerned about the participation of community members in decision-making related to development initiatives that have specific local effects on their lives and communities. The Government stresses that “therisanyo”, or consultation, is one of its key planning principles, with consultations taking place at the settlement or village level mainly through kgotla, or community, meetings. A complementary institution to the kgotla is the village development committee, which the Government describes as a vehicle for coordinating development activities at the village level. Additionally, the Government notes that consultations occur with and through a myriad of other relevant bodies, including land boards and district councils whose constituencies cover more than just particular communities or tribes. GE.10-13968 13