A/HRC/40/64/Add.2 discrimination in relation to obstacles encountered in accessing public services because of their non-Tswana identities. It was difficult to establish whether those situations were simply the result of failures in the implementation of service delivery outside of the capital or a more problematic disregard towards minority communities or those living in more remote locations. Nevertheless, the Special Rapporteur urges the Government to continue efforts to improve service delivery and implementation of its health and other public services. He also urges the Government to review its efforts in the light of apparent persistent patterns that should be tackled as a matter of urgency, in order to avoid growing discontent among populations in some parts of the country that feel left out, and especially in regions inhabited by persons who belong to minorities. E. Landownership, development and access to and use of resources 49. Current land laws still largely reflect the British colonial land tenure system, which specifically recognized Tswana interests in land over those of minority tribes in the country. These laws and the land boards created in 1968 to administer and hold in trust all tribal area lands connected to them are still in place today. 50. Tribal land available for communal use is divided into eight tribal territories named after the dominant Tswana tribes. On numerous occasions, it was made clear to the Special Rapporteur that members of minority tribes perceived they were being discriminated against because they did not receive the same recognition as the Tswana. 51. Some of the frustration expressed by those he spoke with seemed to be connected to the absence of a clear mechanism for demarking and recognizing traditional or historical land use or to address long-standing grievances. The current system is one where land boards hold tribal land in trust and issue leases on an individual or collective basis. Not everyone is convinced that this system is ethnically neutral and insusceptible to favouritism. Tswana customary law tends to dominate in these matters, according to some of the individuals who shared information with the Special Rapporteur during the visit. 52. Though he was not able to visit members of the Basarwa and Bakgalagadi living in the Central Kalahari Game Reserve or those resettled in Kaudwane and New Xade, previous reports of the Special Rapporteur in the field of cultural rights (A/HRC/31/59/Add.1) and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples (A/HRC/15/37/Add.2) suggest that there is a continuing restrictive – and inaccurate – interpretation of the 2006 High Court decision in Roy Sesana and Others v. The Attorney General4 by mainly limiting the right of return to the Reserve to the applicants in the case and some of their family members, while requiring temporary entry permits for other community members and imposing certain requirements on those wishing to remain after the age of 18. Access to water and State services are still contentious issues. Also contentious are Government prohibitions in the name of wildlife conservation on traditional hunting, grazing or foraging, while at the same time the Government allows the continuation of mining and tourism activities, for example by the Gem Diamonds/Gope Exploration Company (Pty) Ltd. operating in the Reserve. 53. These issues and others raise serious human rights concerns for these minorities, and the Special Rapporteur encourages the Government and the affected communities to engage in consultations to attempt to find win-win solutions rather than to continue in a stand-off that may lead to further litigation. 54. On a more positive note, the Special Rapporteur had the impression that the Government was committed to putting in place additional tools for developing communitybased initiatives to ensure that local minorities in areas such as Ghanzi, Maun and the Okavango Delta participated in the management of local natural and cultural resources. He notes, for example, that the Eleventh National Development Plan 2017–2023, which aims at the diversification of sources of economic growth, human resources development, social development, development of sustainable resources, good governance and development of 4 High Court of Botswana, Misca. No. 52/2002, judgment of 13 December 2006. 11