A/HRC/31/59/Add.1
by the land boards and alleged that they were being discriminated against, while tourism
companies are priviledged. Some communities, such as the Wayeyi with whom she met in
Shixaxa, also alleged that they had no ownership certificate nor security of tenure and were
under the threat of forced eviction. They further alleged that they were not authorized to
build new houses and that some of their houses had been destroyed by the authorities.
46.
After consulting government representatives and stakeholders on those matters, the
Special Rapporteur came to the conclusion that there is clearly a lack of understanding on
the part of many people of the legal framework in place, of their rights, as well as of the
procedures to be followed, including by those who have settled on self-allocated land for
years. Massive information campaigns should be conducted to explain available options,
including by proactively engaging with communities, taking into consideration their fear of
being relocated far away from their source of livelihood (for example, a river) and their
perception that their fate is considered less important than the economic interests of tourism
companies, for example.
47.
The Special Rapporteur visited areas where other land-related conflicts arise or have
arisen, namely, the Okavango Delta and Tsodillo Hills, both listed as UNESCO World
Heritage Sites. Both these areas are San ancestral territories, where other peoples of
Botswana live and work. Those areas are important for various environmental and
economical reasons, as well as for their crucial significance in terms of cultural heritage.
Visiting them offered the Special Rapporteur an opportunity to learn more about the
growing concerns worldwide regarding the rights of local communities and peoples within
the processes of nomination and inscription on the UNESCO World Heritage list,32 and to
have a closer look at the practices developed in Botswana, which seems open to new
models of governance and management in this regard. The Special Rapporteur also visited
the Central Kalahari Game Reserve, another area experiencing land-related conflicts.
48.
The Special Rapporteur stresses the following: first, the Government of Botswana
generally demonstrates its willingness to support and assist people who are forced into an
economic transition for various reasons; second, communities are willing to develop
economically, but are not always ready to follow the Government’s model, preferring
instead to seek alternatives that they feel would enable to them to better reconcile economic
development and preservation of their specific ways of life and world visions; third, while
acknowledging that the Government has deployed many measures to communicate with
them, relevant communities still have great difficulties in understanding the policies in
place as well as future plans, which gives rise to misunderstandings and suspicions; fourth,
the legacy of past injustices needs to be acknowledged and addressed. In many of the places
she visited, the Special Rapporteur heard the frustration, anger and fears expressed by
people, in particular the San, the Hambukushu and the Wayeyi, sometimes about events
that took place decades ago. No society can go forward without addressing such legacies.
49.
The Special Rapporteur welcomes the adoption of policies aimed at giving powers
to communities with regard to resource management, in particular through the CommunityBased Natural Resource Management (CBNRM) programme. Adopted in 1989,
community-based natural resource management is an approach to conservation and
development that recognizes the rights of local people to manage and benefit from the use
of the natural resources of their land. It entails transferring the rights of access and resource
use back to communities. It also seeks to empower communities through, in particular,
devolved management responsibility in order to build their capacity and to create
32
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A/HRC/17/38.