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priority attention. The Griqua communities of the Western and Northern Cape, who are also
present in other parts of the country, have long struggled politically for the recognition of their
lost cultural identity as part of the Khoi-San people. Having been included during the apartheid
regime in the amorphous category of “Coloureds”, they demand statutory recognition as a
distinct indigenous community and respect for their particular ethnic identity.
The Special Rapporteur concludes his report by a number of recommendations intended
to help the concerned parties to fill the existing gaps and to find durable solutions that contribute
to the improvement of the human rights situation of the indigenous peoples in the country. The
Special Rapporteur recommends, inter alia, that indigenous communities be recognized as such
constitutionally and that the legal institutions maintaining the stigma of their classification as
“Coloureds” by the apartheid regime be removed. The Government is advised to maintain a
national register of officially recognized indigenous communities, and to give statutory
recognition to their associations and chieftaincies wherever relevant. He also recommends that
Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries (1989)
of the International Labour Organization be ratified promptly.
The Special Rapporteur further recommends that the restitution of land claims by
indigenous communities not be limited to the cut-off date of 1913; the launching of a systematic
land needs and land rights study of indigenous communities; and the acceleration of the land
restitution process. The Government must also provide indigenous communities with the
resources and technical cooperation to pursue these claims successfully. He also recommends
the use of economic, social and human development indicators for indigenous peoples, and the
improvement of access of indigenous persons and communities to the justice system through the
establishment of visiting circuit courts in outlying areas.