A/HRC/15/37/Add.2
and socio-political institutions, among others”.9 As already noted, the Remote Area
Development Programme, an important initiative in this regard, has the potential to achieve
positive results if it is adapted to embrace and conform to the cultural patterns of the groups
it is intended to benefit. That programme, and other initiatives to address the disadvantages
faced by particular groups, should extend to addressing a major cause of that disadvantage,
which is associated with the historical prejudice and subjugation acknowledged by the
Government: the historical dispossession of land.
58.
By many accounts, the Basarwa have been especially affected over time by the
expansion of majority tribes and non-indigenous farmers into the areas traditionally used
and occupied by them, particularly in western Botswana. Dispossession in favour of white
settlers and dominant tribes engaging in agro-pastoralism from colonial times continued,
according to numerous sources, with the implementation of the Tribal Grazing Land Policy
of 1975, as large tracts of land were allocated to cattle ranchers at the expense of the
Basarwa. Under that policy, the Government re-zoned approximately 12 per cent of the
tribal land identified in the Tribal Territories Act and allocated it to individual cattle
ranchers, who received the exclusive lease rights to the grazing land.
59.
Under the final version of the policy, no alternative lands were set aside for the
people who had been living on the land. The World Bank has estimated that 28,000 people
living in poor, rural areas of Botswana were displaced from the ranching areas created by
the Tribal Grazing Land Policy. A settlement scheme was eventually established to move
the Basarwa of the Ghanzi farms, who numbered over 4,000, to four settlements, including
East and West Hanahai. Others continued to live and work as field hands or squatters at the
cattle posts. Without recognized land rights, those dispossessed, such as the Basarwa
people, were not compensated for the land taken.
60.
While the Tribal Grazing Land Policy was aimed at better managing the country’s
land resources and preventing land degradation resulting from the overgrazing of tribal
lands, it failed to consider the hunter-gatherer subsistence way of life practised by those
displaced. Thus, a residual effect of the policy was the loss of adequate access to the area’s
natural resources needed for survival. The cattle farming resulted in the reduction of plant
food in the area; the interference with game migration routes, reducing the number of large
game available for hunting; and the depletion of water resources.
61.
These historical injustices have put minority indigenous peoples, such as the
Basarwa, at a significant disadvantage vis-à-vis other tribes. While the Remote Area
Development Programme seems to be aimed at addressing these disadvantages, the
initiative in itself has had some profound negative impacts on the rights of indigenous
peoples to their traditional lands in Botswana, given the Government’s strategy of
relocating communities from remote areas, as discussed earlier (paras. 31–33 above). In this
regard, the Special Rapporteur notes the Government’s initiative to now require the land
boards to prioritize the lease applications of remote area settlers, an initiative that could
potentially provide a measure of redress for the historical dispossession of land.
62.
Highlighting international concern about the effects of historical dispossession of
traditional lands, territories and resources of indigenous peoples, the United Nations
Declaration on the Rights of Indigenous People calls on States to recognize and protect the
land rights of indigenous peoples on the basis of their customary or traditional tenure (art.
26). The Declaration further affirms that indigenous peoples have the right to redress, by
means that can include restitution or, when that is not possible, just, fair and equitable
compensation, for the lands, territories and resources unjustly taken from them (art. 28).
9
GE.10-13968
Ibid., para. 2.3.1.
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