A/HRC/31/59/Add.1 government and reserve representatives, facilitated by an NGO Coalition, with a view to finding an amicable solution to the reserve situation.48 73. Unfortunately, the process stalled. One main disagreement concerns the issue of hunting within the reserve; the Government’s position is that, as the reserve is a protected area, no hunting is permitted therein. Furthermore, a temporary general hunting ban was introduced in Botswana in 2014. Another issue requiring clarification relates to the possibility for residents to harvest veldt products in the reserve. While the Government confirmed that there were no restrictions on that matter,49 some San members stated that this was not the case and that they could not gather medicinal plants and therefore could not practice their traditional medecines anymore. Overall, the San are deeply worried that such bans will lead to irreparable losses of their traditional and collective knowledge of their environment (including how to preserve it), and of their world vision attached to it. In addition, the Special Rapporteur notes that insisting that communities relocate outside the reserve for wildlife conservation purposes is at odds with allowing the continuation of mining and tourism activities within the reserve. It is also alleged that local residents in the reserve do not benefit from the exploitation of the mines. 74. After discussions with representatives of the Government, NGOs and San communities, the Special Rapporteur was happy to learn that the Government of Botswana remained willing to engage with the San in the reserve, in particular with regard to community-based natural resource management and tourism in the reserve. However, that requires a minimum of organization at the community level, which would need support to that effect. IV. Conclusions and recommendations 75. Botswana must be commended for its efforts and achievements in the area of development and poverty reduction. Important policies geared towards nationbuilding have been implemented, and efforts to recognize, value and take benefit from the rich cultural diversity of the country have been developed. 76. However, many people still feel excluded from the main society and lack recognition of their cultural heritage and distinct ways of life. The Special Rapporteur is concerned in particular about the strong imbalance in recognition and power between Tswana and non-Tswana communities, a system inherited from the colonial past that greatly influences the realization of cultural rights in the country. Botswana needs to engage in a new era of nation-building that fully reflects on, builds upon and celebrates its rich cultural diversity. From a cultural rights-based perspective, this implies equal recognition and acknowledgement of the country’s various communities, of the diverse ways in which people relate to their environment and natural resources, as well as their land, and their varied approaches to development. 77. Botswana can address those challenges, relying on its strong tradition of consultation, democratic debate and freedom of expression. As stated in Vision 2016, Botswana sees the encouragement of ideas and free thinking as an opportunity for the country to adapt to the modern world with a measure of consensus among its people. The country strives to maintain a delicate balance between customary law and 48 49 18 See letter from the Permanent Mission of Botswana to the United Nations to the Special Rapporteur on the rights of indigenous peoples, dated 30 July 2013, reference No. GEN/E/15 /VI (47)PR. Ibid., para. 6.

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