E/CN.4/2006/78/Add.2
page 9
24.
This meaning is the norm in southern Africa where both Botswana and Zimbabwe
regularly use the term indigenous to distinguish the black majority from the European and Asian
settler minorities. However, in this report the term indigenous is used in the sense developed by
the Working Group on Indigenous Populations to identify non-dominant groups of aboriginal or
prior descent with distinct territorial and cultural identities.6 In other African countries, most of
these groups are pastoralists or hunter-gatherers.
25.
A pattern established within certain African countries by colonialism was to marginalize
indigenous peoples in order to integrate agriculturalists into the economic and political system.
This pattern of exclusion of culturally and economically distinct populations has been carried
over into the post-independence era so that pastoralists and hunter-gatherers found themselves
outside the political system. The new South Africa regime has instituted a radical departure
from this pattern, as it is actively engaging in a process of accommodating indigenous Khoe and
San peoples into the constitutional and legal framework of the country.
26.
Khoe and San peoples did not have a place in South African political discourse prior
to 1998. Under apartheid, the system of legalized racial discrimination; they were socially and
politically invisible, being forced into the racial category of “Coloured”. In fact, the various
(San) groups are highly diverse, speaking different languages and with different cultural
practices and levels of economic development. Besides the Khomani San of the Kalahari region,
two of the largest San groups in South Africa, the !Xu and the Khwe, were resettled at
Schmidtsdrift near Kimberley, after having been inducted into the South African army for
operations in Angola and Namibia during previous years. Owing to the close associations with
military infrastructure, these communities have higher than average health care standards and
basic adult literacy in Afrikaans. Indigenous groups also include the Xegwi, !Kung, Xam and
the Nama (Khoekhoen).
27.
A study commissioned by the Government on five vulnerable Khoi San groups in the
country (San, Nama, Cape Khoekhoe, Koranna and Griqua) holds that the various criteria for
being considered as indigenous apply to all of them to a greater or lesser degree. These criteria
include a history or existence in South Africa before colonalization; descent from such a
pre-colonial community; retention of several pre-colonial patterns and institutions;
self-identification; and the insufficient or inadequate accommodation of the rights of such a
community compared to other communities in South Africa. The study recommends that where
continuity in traditional leadership can be shown for more than two generations, such
communities should be recognized constitutionally. It recommends the statutory recognition of
the National Khoisan Council. Specifically the study recognizes that political decisions are
needed in respect to the amendment of chapter 12 of the Constitution to provide for the
accommodation of Khoisan leadership; the enactment of national framework legislation and
provincial legislation; and the ratification of ILO Convention No. 169 (1989).
28.
The situations of the approximately 300,000 Griquas who reside in various provinces of
South Africa vary greatly, ranging from impoverished rural farm labour tenants, to middle-class
urban dwellers. Despite having suffered extensive language and cultural loss, Griqua identity
persevered through a history of resistance and rebellion and the continuity of lineages and local
chieftainships. These have become more evident in recent years as the Griqua, having been