A/HRC/40/64/Add.2
rights legislative framework. There are therefore gaps, uncertainties and even
contradictions in the protection and promotion of human rights in general that could
best be addressed through a dedicated Bill of Rights.
79.
In addition, the Special Rapporteur urges the Government to ensure that any
future human rights mandate of the Office of the Ombudsman or national human
rights institute complies with the Paris Principles, and invites the Government of
Botswana to continue its positive engagement and efforts in that regard, including by
seeking technical assistance from the United Nations and through consultations with
national human rights institutions from other countries.
C.
Education and minorities
80.
The Special Rapporteur recommends that the practice that amounts to the
institutionalization of children from remote areas, and particularly children of the
Basarwa, in hostels to receive an education be reviewed and alternative approaches
studied so as to minimize the separation of young children from their parents, at least
at the primary levels. He suggests exploring measures such as increasing the number
of two-teacher classrooms, reducing the period spent by children away from their
homes and introducing the use of radio or other forms of remote teaching, all of which
should be considered in a national strategy to ensure equal access to quality education
for all, and particularly for minority children who are disproportionally affected.
81.
The Special Rapporteur invites the ministries of education and of local
government and rural development to review their educational and other policies that
operate to exclude the teaching of minority languages and their use as a medium of
instruction in both public and private schools, in order to achieve a truly inclusive and
equal opportunity nation. He particularly urges the Government to adopt new
educational policies to allow the teaching of minority languages and their use as a
medium of instruction in private schools.
82.
He further recommends the development of policies for public schools to teach
and use minority languages as the medium of instruction where this is reasonably
possible and where numbers warrant, to the degree appropriate and applying the
principle of proportionality. This will require the development of pedagogical tools,
teacher training and other measures. The Government is encouraged to refer to the
practical guidelines issued under the mandate of the Special Rapporteur on minority
issues in this regard.
D.
Political and public participation and the kgotla and chieftaincy system
83.
The Special Rapporteur commends the Government for constitutional and
legislative reforms that increase the participation of underrepresented, non-Tswana
minorities in the Ntlo ya Dikgosi and for its acknowledgement in its Vision 2036 that
all ethnic groups will have equal recognition and representation in the Ntlo ya
Dikgosi. He urges the Government to make such changes as openly and expeditiously
as possible, following national public consultations, to ensure that practices and
procedures that have already been deemed discriminatory by the High Court of
Botswana come to an end.
84.
The Special Rapporteur recommends a further review of the kgotla and
chieftaincy system, with direct public participation and consultation at the local level,
focusing on the adjudication system based on the kgosi, to consider changes to address
and redress grievances related to the imposition of Tswana customary law on minority
tribes in civil matters. The review should also consider the kgotla and chieftaincy
system in order to determine how to achieve equal recognition and representation of
all ethnic groups and women in the Ntlo ya Dikgosi as a matter of priority.
85.
Furthermore, he urges the Government to directly address complaints made by
non-Tswana minorities about their subordination to other tribes and not being able to
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