A/HRC/31/59/Add.1
common law in an effort to preserve its cultural heritage and ensure development,
while finding its own path, and should be encouraged in these efforts.
78.
The Government is eager to ensure that everyone and every community feel
included in the development process. The Special Rapporteur stresses, however, that
while communities are willing to develop economically, they are not always ready to
follow the model proposed by the Government. Instead, they seek alternatives that
would enable to them to better reconcile economic development and the preservation
of their specific ways of life and world vision. The contributions of those communities
could strengthen Botswana’s approach to development.
79.
The Government has taken numerous measures to communicate its
development policies to the relevant communities. Nonetheless, some communities still
have great difficulties in understanding the policies in place and future plans, which
gives rise to misunderstandings and suspicion. In many of the places visited, the
Special Rapporteur heard the frustration, anger and fears expressed by the people,
sometimes in relation to events that took place decades ago. The Special Rapporteur
was unable to establish whether those events qualify as human rights violations or not.
However, she believes that the Government should acknowledge and address such
legacies, clarify the events that took place and listen to the narratives of the various
communities with regard to those events. The Government should also facilitate
memorialization, and provide the necessary space for those affected to articulate their
diverse narratives in culturally meaningful ways, so as to engage in genuine
consultations with communities for the future.
International, constitutional, and organizational framework
80.
Botswana is encouraged to ratify the International Covenant on Economic,
Social and Cultural Rights.
81.
Section 15 of the Constitution of Botswana should be reviewed, in particular,
sub-sections 4 (c) and (d) and 9 (a), in order to eliminate exceptions to the principle of
non-discrimination that are not in compliance with international human rights
treaties.
82.
The Special Rapporteur welcomes the ongoing efforts towards the
establishment of a national human rights institution. All efforts should be made to
ensure compliance with the Paris Principles as well as ownership of the institution by
the people, through in particular wide consultations as well as the effective and
informed participation of non-governmental organizations in the discussions on the
final design and establishment of the institution.
Governance, cultural rights and respect for cultural diversity
83.
While constitutional and legislative reforms have provided for greater
participation by historically underrepresented groups in the Ntlo ya Dikgosi, the
Government should continue working to ensure that those groups are in fact
effectively represented in that institution, with due regard to the traditional leadership
structures and the practices of all the tribes in Botswana.
84.
The Special Rapporteur recommends that the State:
(a)
Gather information on mother tongues in the next population census;
(b)
Enhance the capacity of the kgotla system to take on board marginalized
groups and people, such as women and minorities;
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