A/HRC/15/37/Add.2
I. Introduction
1.
In the present report, the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people, James Anaya, addresses issues and makes a
series of recommendations concerning culturally distinct peoples who are indigenous to
Botswana and who have characteristics of non-dominance and marginalization similar to
those of indigenous peoples in other parts of the world. It is based on information gathered
by the Special Rapporteur during a visit to Botswana from 19 to 27 March 2009, carried out
with the cooperation of the Government, and on subsequent exchanges of information and
independent research.
2.
During the course of his visit, the Special Rapporteur met with Government
representatives, indigenous communities and their leaders and a variety of civil society
organizations. He held meetings in Gaborone with representatives of the Ministry of
Presidential Affairs and Public Administration and the Inter-Ministerial Committee,
consisting of the Ministry of Foreign Affairs and International Cooperation, the Ministry of
Local Government, the Ministry of Minerals, Energy and Water Resources, the Ministry of
Environment, Wildlife and Tourism, the Ministry of Defence, Justice and Security, the
Ministry of Lands and Housing and the Ministry of Education and Skills Development. The
Special Rapporteur also met with members of the United Nations country team.
3.
The Special Rapporteur conducted field visits to the settlements of Kaudwane in
Kweneng District; Gugamma and Metsiamanong in the Central Kalahari Game Reserve and
New !Xade, West Hanahai and D’kar in Ghanzi District; and Tsodilo Hills, Shaikarawe and
Mababe in North West District. He consulted local authorities, indigenous leaders and
community members at these locations. The Special Rapporteur met with representatives of
a variety of non-governmental organizations, including the Botswana Centre for Human
Rights (Ditshwanelo), the Botswana Council of Churches, the Botswana Council of NonGovernmental Organisations, the First People of the Kalahari, and the Kuru Family of
Organizations (Letloa, D’Kar Trust, Gantsi Craft, Komku Trust, Bokamoso, TOKADI and
Sand Arts & Crafts), the Working Group of Indigenous Minorities in Southern Africa, the
Central Kalahari Game Reserve Coalition and Temasi. Lastly, he met with representatives
of the University of Botswana’s San/Basarwa Research Project and Gem Diamonds/Gope
Exploration Company (Pty) Ltd.1
4.
The Special Rapporteur expresses his appreciation to the Government of Botswana
and to local indigenous communities and a number of non-governmental organizations of
Botswana for the support they provided for the visit. He would like to thank the Office of
the United Nations Resident Coordinator in Gaborone for its support and instrumental role
in the preparation and execution of the visit.
5.
Through a letter dated 17 April 2009, the Special Rapporteur submitted to the
Government preliminary observations relating to issues discussed during the visit and
presented a number of questions, to which the Government responded in a note received by
the Special Rapporteur on 12 June 2009. Subsequently, on 24 August the Special
Rapporteur transmitted to the Government a preliminary version of the present report and
then met with representatives of the Government to discuss the report on 28 September
2009 in Geneva, during the twelfth session of the Human Rights Council. At the meeting it
was agreed that the Government would provide written comments on the preliminary
version of the report, which were received by the Special Rapporteur on 4 January 2010.
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Mention of firm names and commercial products does not imply the endorsement of the United
Nations.
GE.10-13968