A/HRC/15/37/Add.2 tribal land rights by the land boards raises concerns over the recognition of traditional land uses by non-dominant groups. 43. Specifically, it is reported that only land-use patterns consistent with agropastoralism, and not with hunter-gatherer systems, are recognized in the system of granting leases. While many traditionally hunter-gatherer communities currently live more sedentary ways of life, members of these communities stated that they wished to continue hunting certain animals and gathering traditional fruits and other plants, subsistence activities that they would combine with raising goats and other small livestock. The Government asserts that such activities are permitted. But in fact they are severely restricted by licensing and wildlife management schemes, a concern that was expressed to the Special Rapporteur during his visit to the Mababe Wildlife Management Area. 44. Further, recent Government policy on State lands has focused on conservation and tourism efforts, and most State land is now categorized as national parks, wildlife management areas or game reserves. However, many indigenous groups, such as the Basarwa, Bakgalagadi and Hambukushu, were in fact living within the conservation areas, and were forced to leave their traditional lands once those were declared protected areas. This scenario is exemplified by the removal of Basarwa and Bakgalagadi communities from the Central Kalahari Game Reserve, as discussed in part V below. 4. Need for affirmative measures to promote cultural diversity 45. It is clear that the Government has taken strides to ensure that equality is extended to all citizens of Botswana. Yet Government practice has mostly adhered to a now highly questioned model of equality that stresses the formal equality of the individual at the expense of effective equality, which in a multicultural society requires close consideration of diverse group identities and, in the case of indigenous peoples, affirmation of their collective rights, including rights over lands in accordance with traditional patterns. 46. As recognized by the Committee on the Elimination of Racial Discrimination, to achieve equality in fact and compliance with the International Convention on the Elimination of All Forms of Racial Discrimination, to which Botswana is a party, there must be due regard for cultural difference and special consideration for culturally distinctive minority and indigenous groups. Hence, in 2006 in its latest observations on Botswana, the Committee expressed concern that Botswana’s “objective to build a nation based on the principle of equality for all has been implemented in a way detrimental to the protection of ethnic and cultural diversity” (CERD/C/BWA/CO/16, para. 9). Thus the Committee, “recalling that the principle of non-discrimination requires that the cultural characteristics of ethnic groups be taken into consideration”, urged Botswana “to respect and protect the existence and cultural identity of all ethnic groups within its territory” and “to review its policy regarding indigenous peoples” (idem). 47. Respect for ethnic and cultural diversity is a core principle of the United Nations Declaration on the Rights of Indigenous Peoples. Upon the basis of this core principle, the Declaration addresses the concerns of indigenous peoples that are in some way marginalized or vulnerable in relation to other population sectors within a country. The Declaration calls upon States to take special measures, within the framework of respect for the political unity and territorial integrity of each State, to secure the collective and individual rights of these peoples in multiple areas touching upon all aspects of their cultural identities, including in development programmes, health and education, and access to lands and natural resources. 12 GE.10-13968

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