E/CN.4/2006/78/Add.2 page 9 24. This meaning is the norm in southern Africa where both Botswana and Zimbabwe regularly use the term indigenous to distinguish the black majority from the European and Asian settler minorities. However, in this report the term indigenous is used in the sense developed by the Working Group on Indigenous Populations to identify non-dominant groups of aboriginal or prior descent with distinct territorial and cultural identities.6 In other African countries, most of these groups are pastoralists or hunter-gatherers. 25. A pattern established within certain African countries by colonialism was to marginalize indigenous peoples in order to integrate agriculturalists into the economic and political system. This pattern of exclusion of culturally and economically distinct populations has been carried over into the post-independence era so that pastoralists and hunter-gatherers found themselves outside the political system. The new South Africa regime has instituted a radical departure from this pattern, as it is actively engaging in a process of accommodating indigenous Khoe and San peoples into the constitutional and legal framework of the country. 26. Khoe and San peoples did not have a place in South African political discourse prior to 1998. Under apartheid, the system of legalized racial discrimination; they were socially and politically invisible, being forced into the racial category of “Coloured”. In fact, the various (San) groups are highly diverse, speaking different languages and with different cultural practices and levels of economic development. Besides the Khomani San of the Kalahari region, two of the largest San groups in South Africa, the !Xu and the Khwe, were resettled at Schmidtsdrift near Kimberley, after having been inducted into the South African army for operations in Angola and Namibia during previous years. Owing to the close associations with military infrastructure, these communities have higher than average health care standards and basic adult literacy in Afrikaans. Indigenous groups also include the Xegwi, !Kung, Xam and the Nama (Khoekhoen). 27. A study commissioned by the Government on five vulnerable Khoi San groups in the country (San, Nama, Cape Khoekhoe, Koranna and Griqua) holds that the various criteria for being considered as indigenous apply to all of them to a greater or lesser degree. These criteria include a history or existence in South Africa before colonalization; descent from such a pre-colonial community; retention of several pre-colonial patterns and institutions; self-identification; and the insufficient or inadequate accommodation of the rights of such a community compared to other communities in South Africa. The study recommends that where continuity in traditional leadership can be shown for more than two generations, such communities should be recognized constitutionally. It recommends the statutory recognition of the National Khoisan Council. Specifically the study recognizes that political decisions are needed in respect to the amendment of chapter 12 of the Constitution to provide for the accommodation of Khoisan leadership; the enactment of national framework legislation and provincial legislation; and the ratification of ILO Convention No. 169 (1989). 28. The situations of the approximately 300,000 Griquas who reside in various provinces of South Africa vary greatly, ranging from impoverished rural farm labour tenants, to middle-class urban dwellers. Despite having suffered extensive language and cultural loss, Griqua identity persevered through a history of resistance and rebellion and the continuity of lineages and local chieftainships. These have become more evident in recent years as the Griqua, having been

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