A/HRC/40/64/Add.2 celebrate their diverse cultures, including their languages. It is also contrary to the Government’s own stated agreement during its 2012 universal periodic review of the importance of using mother tongues in education. Finally, there is the potential of not fully respecting the country’s human rights obligations by not allowing minority languages in private schools and allowing discriminatory practices in the exercise of the right of education in some situations where only English, Setswana, French or even Chinese are taught in public schools in areas where the exclusion of other languages, such as Kalanga, is unreasonable and unjustified. C. Political and public participation and the kgotla and chieftaincy system 35. Central and unique features of Botswana constitutionally and politically are its kgotla and chieftaincy system, which includes kgosi (chiefs) and kgotla (community councils), and the position and authority of the Ntlo ya Dikgosi (House of Chiefs). Both are to a large degree a historical legacy of the British colonial period. 36. The Ntlo ya Dikgosi is currently a three-tier system. At the top are the kgosi of the eight areas belonging to the Tswana tribes. Five persons are appointed by the President. The 22 other “specially elected members” are selected by regional electoral colleges for five-year terms. The recognized chiefs of the eight Tswana tribes rule over other tribes whose chiefs are not recognized, and they recommend to the Government the appointment of sub-chiefs, senior chiefs’ representatives and headmen. 37. The Bogosi Act, adopted following litigation brought by members of the Waweyi community and the resulting 2001 High Court judgment that found section 2 of the Chieftainship Act to be discriminatory and unconstitutional, led to a number of changes, including the formal recognition of the Wayeyi as a tribe in 2016 and of their chief in 2017. However, in its 2001 judgment, the High Court ordered that the equal protection and treatment be accorded to all tribes under the Act. In the current three-tiered arrangement the chiefs of the eight Tswana tribes retain a permanent and automatic quota. Many other tribes are unrecognized, unrepresented or need to have their chiefs be elected periodically – if they can – as members of the Ntlo ya Dikgosi. A number of minority representatives have expressed that they feel excluded and disadvantaged politically and that they are not able to enjoy the same advantages and benefits as tribes who are automatically represented, including in terms of recognition and respect for their identity. This system continues to create social tensions, in particular the more prominent role, rights and privileges accorded to the chiefs of the eight Tswana tribes, which could still be considered discriminatory, as other parts of the Chieftainship Act were held to be by the 2001 High Court judgment. 38. It was also repeated on a number of occasions that many tribes remained completely unrecognized under the current legislation, and that even those kgosi who had been recognized since the adoption of the Bogosi Act were not automatically treated the same as the paramount chiefs of the eight Tswana tribes. Some received no salary, as the chiefs of the eight Tswana tribes did, and in practice might not be able to impose their authority on neighbouring sub-chiefs, thus meaning in concrete terms that their recognition as kgosi was in some cases more theoretical than real. 39. While a few government officials expressed the view that constitutional amendments and the Bogosi Act meant that all tribes were treated equally and had equitable representation, that was not the impression the Special Rapporteur was given in view of the numerous expressions of frustration at the current situation that were conveyed to him. 40. Other laws still only recognize Tswana tribes and tribal structures and not those of minority tribes. For example, the Tribal Territories Act of 1968, which deals with tribal land rights, names tribal territories after the major Tswana tribes only and designates their chiefs as the custodians of those territories. 41. The Special Rapporteur has, however, been informed that further changes are being considered in this area, and the Government of Botswana must be commended for its acknowledgement in the Vision 2036 document that all ethnic groups will have equal recognition and representation in the Ntlo ya Dikgosi. Such changes should be made as 9