A/HRC/31/59/Add.1
government and reserve representatives, facilitated by an NGO Coalition, with a view to
finding an amicable solution to the reserve situation.48
73.
Unfortunately, the process stalled. One main disagreement concerns the issue of
hunting within the reserve; the Government’s position is that, as the reserve is a protected
area, no hunting is permitted therein. Furthermore, a temporary general hunting ban was
introduced in Botswana in 2014. Another issue requiring clarification relates to the
possibility for residents to harvest veldt products in the reserve. While the Government
confirmed that there were no restrictions on that matter,49 some San members stated that
this was not the case and that they could not gather medicinal plants and therefore could not
practice their traditional medecines anymore. Overall, the San are deeply worried that such
bans will lead to irreparable losses of their traditional and collective knowledge of their
environment (including how to preserve it), and of their world vision attached to it. In
addition, the Special Rapporteur notes that insisting that communities relocate outside the
reserve for wildlife conservation purposes is at odds with allowing the continuation of
mining and tourism activities within the reserve. It is also alleged that local residents in the
reserve do not benefit from the exploitation of the mines.
74.
After discussions with representatives of the Government, NGOs and San
communities, the Special Rapporteur was happy to learn that the Government of Botswana
remained willing to engage with the San in the reserve, in particular with regard to
community-based natural resource management and tourism in the reserve. However, that
requires a minimum of organization at the community level, which would need support to
that effect.
IV. Conclusions and recommendations
75.
Botswana must be commended for its efforts and achievements in the area of
development and poverty reduction. Important policies geared towards nationbuilding have been implemented, and efforts to recognize, value and take benefit from
the rich cultural diversity of the country have been developed.
76.
However, many people still feel excluded from the main society and lack
recognition of their cultural heritage and distinct ways of life. The Special Rapporteur
is concerned in particular about the strong imbalance in recognition and power
between Tswana and non-Tswana communities, a system inherited from the colonial
past that greatly influences the realization of cultural rights in the country. Botswana
needs to engage in a new era of nation-building that fully reflects on, builds upon and
celebrates its rich cultural diversity. From a cultural rights-based perspective, this
implies equal recognition and acknowledgement of the country’s various communities,
of the diverse ways in which people relate to their environment and natural resources,
as well as their land, and their varied approaches to development.
77.
Botswana can address those challenges, relying on its strong tradition of
consultation, democratic debate and freedom of expression. As stated in Vision 2016,
Botswana sees the encouragement of ideas and free thinking as an opportunity for the
country to adapt to the modern world with a measure of consensus among its people.
The country strives to maintain a delicate balance between customary law and
48
49
18
See letter from the Permanent Mission of Botswana to the United Nations to the Special Rapporteur
on the rights of indigenous peoples, dated 30 July 2013, reference No. GEN/E/15 /VI (47)PR.
Ibid., para. 6.