A/HRC/40/64/Add.2 F. Information and communications 59. The Communications Regulatory Authority Act of 2012 regulates broadcasting services in the country and currently only provides for public service broadcasting and commercial broadcasting. It includes no provision for local community-based broadcasting, an issue often brought to the attention of the Special Rapporteur, despite numerous applications that apparently continue to be made for such broadcasting. Some of the observations made to him, such as in Francistown, emphasize that community radio stations would provide “a voice for the voiceless”, and a democratizing tool that would enable communities, including minorities, to express themselves in terms of their culture and way of life. 60. In the 2017 publication Language Rights of Linguistic Minorities: A Practical Guide for Implementation the then Special Rapporteur on minority issues indicates that Governments should serve the needs and interests of the whole population, including minorities, to access the media and impart and receive information, including in their own language, in line with the principles of pluralism, tolerance and broadmindedness. In relation to private sector media, and in accordance with fundamental human rights such as freedom of expression, this means minorities must be free to communicate among themselves in private media without obstacles to the use of their own language. To ensure equality and non-discrimination the private sector media must apply the principle of proportionality in ways that are flexible and appropriate and it must be ensured that any financial or other support provided to private sector media is allocated in a nondiscriminatory manner, including in relation to those using minority languages. The role of public sector broadcasting in minority languages is particularly significant in terms of promoting not only tolerance but also acceptance and in creating a sense of integration among minorities such that they feel their own needs and interests are fairly reflected and communicated. 61. Unfortunately, it appears that Botswana has a long way to go in applying these human rights principles. Generally speaking, the use of languages other than English or Setswana is not provided for in the information or communications activities in the country. Even HIV/AIDS awareness-raising campaigns use only Tswana and English, although the Special Rapporteur was advised that the Government tries to liaise with local organizations for the effective dissemination of the information. In terms of broadcasting on public television, the only exception appears to be the 30 minutes a day out of the 24 hours of programming when interpretation is offered in sign language. 62. While private printed media exist in Botswana, these only appear, and apparently are only allowed, in English and Setswana. Here, the Special Rapporteur recalls that any prohibition of the use of other languages in private media, including minority languages, would be contrary to fundamental human rights such as freedom of expression. It was brought to the attention of the Special Rapporteur that although private radio stations exist, they are all based in Gaborone despite in some cases being retransmitted to other parts of the country. Apparently, no private radio station is allowed to broadcast any programme in any of the country’s minority languages. Broadcasting licences for locally based community radio stations have until now always been rejected, and in some cases this may have been partially motivated by the proposed use of minority languages in some of the programming. It was explained to the Special Rapporteur that community broadcasting might be considered to be divisive along tribal lines and be open to abuse by “subversive elements”. G. Disaggregated data for better and more effective policies 63. The current absence of clear demographic information on the situation of minorities and data concerning ethnicity, religion or language is frustrating for many and hampers the work of authorities and policymakers, as they do not have information that could provide a clearer view of the characteristics of the population and thus assist them to better tailor policies and practices to the reality on the ground. The Government of Botswana should therefore review its national census approach and, as is the case in many other countries, 13

Select target paragraph3