E/CN.4/2006/78/Add.2
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White nation in Africa”, and as such complain of human rights violations “on every terrain of
nationhood”, and demand the right of self-determination. The Special Rapporteur considers that
the Boerevolk is a formerly politically dominant ethnic and cultural minority who descend from
the earliest colonial settlers, and as citizens of South Africa they enjoy the same human rights
and fundamental freedoms as every other person in the country, including the right to equality
and non-discrimination. The South African State provides ample opportunity for every citizen to
lodge complaints against alleged human rights violations and offers the possibility for remedial
action. In the opinion of the Special Rapporteur, the claim that the Boerevolk should be
considered an “indigenous nation” does not meet the criteria of “indigenity” as these have been
set out in international legal standards and discourse at the present time.
V. RECOMMENDATIONS
80.
On the basis of the foregoing considerations the Special Rapporteur makes the
following recommendations:
A. Recommendations to the Government
Legislation
81.
Indigenous communities should be recognized as such constitutionally in parity with
the speakers of the 11 officially recognized languages. This refers specifically to the various
Khoi and San groups, the Nama and also the Griqua who are not named as such in the
Constitution.
82.
National framework legislation, as recommended in the Status Quo Reports, should
be promptly enacted with the full participation of indigenous communities.
83.
Actions should be undertaken towards the removal from all legitimate claimants to
indigenous identity of the stigma attached to having been classified as “Coloured” during
the apartheid regime, and that the National Khoi-San Council receive statutory
recognition. That the various Khoi-San leadership lineages be included in the National and
Provincial Houses of Traditional Leaders, wherever relevant and after due and objective
evaluation of their respective claims.
84.
A national register of officially recognized indigenous communities should be
maintained, allowing the recommendation of the report of the SAHRC of 2000 and the
Cabinet memorandum of 2004.
85.
The Government and the Parliament should take all the necessary steps, in
consultation with indigenous peoples in the country, to ensure a prompt ratification of
ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent
Countries (1989).
Land rights
86.
Needs-assessment research in indigenous communities should be undertaken by the
competent government authorities that might define the magnitude of the problem and
suggest practical remedial measures.