A/HRC/24/41/Add.1 peoples with whom the Special Rapporteur met overwhelmingly expressed a sense of exclusion from decision-making processes, at both at the local and national levels, because of their ethnic identities. 1. Recognition of traditional authorities 51. The Traditional Authorities Act allows a traditional community, which is defined in section 1 of the Act as “an indigenous homogeneous” group that shares “a common ancestry, language, cultural heritage, customs and traditions” and “inhabits a common communal area”, to apply for State recognition of its traditional leadership (sects. 1; 2, subsect. 1; and 4). Traditional authorities administer and execute customary laws, and are responsible for protecting and promoting “the culture, language, tradition, and traditional values” of a community and preserving cultural sites, works of art and traditional ceremonies (sect. 3, subsect. 1). Recognized traditional authorities receive funding from the Government to carry out their functions. 52. Under the Traditional Authorities Act, the Minister for Regional and Local Government has the discretion to deny a group’s application on several grounds (sect. 3, subsect. 1, paras. (a) and (b)). On this basis, the Minister has declined to recognize the traditional authorities of various groups, including dozens of Himba and Ovazemba chiefs with whom the Special Rapporteur met during his visit. However, concerns were expressed to the Special Rapporteur that the traditional chiefs recognized by the Government tend to be those who are aligned with the dominant South West Africa People’s Organization political party, and questions were raised about their legitimacy. 53. Nearly all of the six major San groups in Namibia have had their traditional authorities recognized, the sole exception being the Khwe. The Khwe first applied for recognition of their traditional authority in 1997 and have reapplied for recognition since then without success. Currently, the Khwe are under the jurisdiction of the chiefs of other traditional communities who apparently do not represent Khwe interests and who, in fact, have discriminated against the Khwe and actively resisted the confirmation of the Khwe’s own traditional authority. 54. Although nearly all San groups have had their traditional authority recognized, as a practical matter, most do not have significant authority to administer lands, given their small numbers relative to other groups in the areas in which they live. Under the Communal Land Reform Act, “communal land areas” over which traditional authorities have jurisdiction cover basically the same area as the former homelands (sects. 15 and 16, and schedule 1). Thus, since no San groups besides the Ju/’hoansi and !Kung in the Tsumkwe district constitute a majority in recognized communal lands, these San authorities do not have the power to administer communal land areas. 2. Participation in governance and decision-making at the national level 55. Importantly, Namibia has maintained a stable democratic governance system since independence. However, representatives of all of the indigenous groups with whom the Special Rapporteur met expressed concerns that their disadvantaged conditions and small populations relative to dominant groups within Namibia result in challenges in participation in governance structures at the national level. Since independence, national politics have been dominated by the South West Africa People’s Organization party, which despite being open to all ethnicities and tribes in Namibia, is viewed as a predominately Owambo party, given that the Owambo make up around 50 per cent of the population.. Representatives to the National Assembly are also elected on the basis of party list proportional representation; thus, the parties that have the highest membership receive the most seats in the National Assembly, helping to solidify the dominance of the South West Africa People’s Organization in national decision-making. 14