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:
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