A/HRC/31/59/Add.1
(c)
Recognize and respect the cultural patterns and traditional leadership
structures of non-Tswana communities so as to ensure their participation in decisionmaking;
(d)
Address the complaints made by minority groups such as the Wayeyi
about their subordination to other tribes and the obstacles they face in participating
equally in decision-making processes at the local and national levels;
(e)
Ensure the implementation of the Bogosi Act of 2008 in a transparent
manner. Communities applying for recognition as tribes should be kept duly informed
of the procedure followed and the steps taken by the Ministry. The Government
should also enquire as to why, almost eight years after the adoption of the Bogosi Act,
which replaced the discriminatory Chieftainship Act, no further community has been
recognized as a “tribe” under that Act, and what consequences this entails in terms of
discrimination against minorities.
Linguistic rights and policies, and cultural diversity within the education system
85.
Cultural rights, including linguistic rights, should be respected and protected
within the education system. Provisions should be made to enable minority groups to
learn and be taught in their mother tongue as well as the official State languages. The
Government can resort to a wide array of measures to this effect, in practice, based on
factors such as demand and the number and location of students from minority
groups. Where student numbers are higher, it may be appropriate to provide formal
classes in minority languages, while in other cases, more informal approaches may be
appropriate, including additional classes and out-of-school teaching options.
86.
The Government should also:
(a)
Adopt additional measures in the field of education aimed at
encouraging the knowledge of the history, culture and traditions of all the tribes and
communities in the country;
(b)
Enhance the capacity of teachers to develop extracurricular activities in
the language of and according to the culture of minority groups;
(c)
Enable the establishment of community radio stations in minority
languages in various parts of the country.
Tourism, world heritage sites, wild life protection and cultural rights
87.
Botswana must be commended for its approach to conservation and
development that recognizes the rights of local people to manage and benefit from the
management and use of natural resources through community-based natural resource
management. The Special Rapporteur encourages the Government to increase efforts
in that regard, empower the communities concerned and build their capacity, in
particular in the tourism industry.
88.
The Special Rapporteur understands the concerns expressed by the
Government regarding the need to protect its rich biodiversity and its policy to ensure
the economic transition of local communities through their participation in tourism
activities. She recommends, however, that the Government fully abide by its
obligation to respect and protect cultural rights when tailoring these policies. In
particular, the strong cultural dimension of hunting and harvesting practices needs to
be acknowledged and thorough consultations and discussions with the communities
concerned must be undertaken on these issues. In accordance with article 29 of the
Universal Declaration on Human Rights, limitations to cultural rights shall be
determined by law solely for the purpose of securing due recognition and respect for
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