A/HRC/40/64/Add.2
and political dynamics (A/HRC/15/37/Add.2, para. 6), causing some minorities to feel
excluded, ignored or disadvantaged.
13.
The Basarwa, also known as the San people, include several groups and are
conservatively estimated to number 60,000 people. They are usually considered to be the
indigenous peoples of Southern Africa. Botswana voted in favour of adopting the United
Nations Declaration on the Rights of Indigenous Peoples, but considers that all African
ethnic groups in Botswana are indigenous.
V. Legal and institutional framework
A.
International framework
14.
Botswana is a party to a number of human rights treaties that are of particular
relevance to the protection of minorities, such as the International Covenant on Civil and
Political Rights, the International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of Discrimination against
Women and the Convention on the Rights of the Child. The Special Rapporteur also notes
that during its 2018 universal periodic review Botswana extended a standing invitation to
the special procedure mandate holders (see A/HRC/38/8/Add.1) and that Botswana has
received visits from several mandate holders in recent years.
B.
Constitutional and legislative framework
15.
A large number of fundamental rights and freedoms, such as the right to freedoms of
conscience, expression, assembly and association, are enshrined in chapter II of the
Constitution. While none of the fundamental rights and freedoms spelled out in that chapter
refer specifically to minorities, section 11 (2) deals with, inter alia, the rights of religious
communities to establish, and maintain at their own expense, places of education and to
manage such places. Section 15 (3) restricts the prohibition of discrimination to a limited
number of grounds, such as race, tribe, place of origin, political opinions, colour, creed or
sex. While this is an important anti-discrimination clause, it omits well-established
prohibited grounds of discrimination, including those particularly important for minorities,
such as religion and language.
16.
At the time of the Special Rapporteur’s visit, efforts were being made to include a
human rights mandate in the Office of the Ombudsman, and the possibility of creating a
national human rights institute was being studied. He notes, however, that similar
discussions have been ongoing for a number of years and that the current discussions may
not necessarily result in any immediate action. He also notes the importance that any
institution eventually created should comply with the internationally agreed principles
relating to the status of national institutions for the promotion and protection of human
rights (the Paris Principles), which should frame and guide the work of national human
rights institutions.
VI. Positive steps and developments
17.
The Special Rapporteur acknowledges the efforts and commitment of the
Government of Botswana to provide all citizens with access to development programmes.
In particular, he notes efforts taken to address the disadvantages faced by populations in
remote areas and marginalized groups, who are often persons who belong to minorities,
such as the Basarwa, including a five-year informal affirmative action plan to recruit
persons belonging to minorities in the army, the police and the prison system.
18.
One important policy initiative to alleviate poverty and promote development with a
direct impact on many minorities concentrated in the peripheral districts of the country is
the Remote Area Development Programme. The programme has been revised to adopt a
community-led development approach, which aims to promote participatory processes and
5