A/HRC/15/37/Add.2
53.
However, at all the villages and settlements visited, the Special Rapporteur heard
accounts of inadequate participation in development planning. The sentiment repeatedly
expressed was that decisions are made by the Government at the national or district levels
and that kgotla or other local community processes are usually at best opportunities to
comment on development planning with little real influence in outcomes of that planning.
In Basarwa communities, concerns were also raised that the consultation processes, like the
kgotla system, do not always reflect their own traditional decision-making institutions.
54.
Exemplifying the shortcomings of the current system, residents of Mababe stated
that they were simply informed of the decision to place their traditional lands within the
restrictive regime of a wildlife management area, and were not allowed to take part in that
decision. Residents of West Hanahai complained that the village development committee
did not, in fact, function as an effective vehicle for consultation, stating that in practice they
were excluded from the dialogue between the committee and the Government, and that the
committee failed to consult with community members on such issues as partitioning land
and funding priorities.
55.
The Government, in its 2003 review of the Remote Area Development Programme
and its 2009 Revised Remote Area Development Programme, states that community
organizations and leadership structures in remote communities are generally weak and
lacking in capacity, with participation in development planning remaining low.8 The
Special Rapporteur observed that, at least to some extent, such perception of a lack of skills
at the local level contributes to a tendency for the Government to take control of project
development with the intention that communities be persuaded to accept the initiatives. Yet,
the Special Rapporteur is encouraged by the Government’s apparent willingness to address
these issues, as discussed in part III (B) above, and stresses the need to strengthen local
capacity and institutions and ensure that mechanisms of consultation are appropriate to the
relevant cultural patterns.
56.
It is evident that particular indigenous groups remain underrepresented in the
decision-making bodies in Botswana, and that development and other decisions affect these
groups in ways that are unique to them or not felt by the general population. Hence, the
normal avenues of political participation and consultation that are devised to apply to the
general population are inadequate for these groups. In accordance with the United Nations
Declaration on the Rights of Indigenous People (arts. 19 and 32, inter alia), it is important
that such underrepresented indigenous communities be consulted directly, through special
procedures that accommodate to their own cultural patterns and institutions, in the making
of decisions affecting them, with the objective of obtaining their free, prior and informed
consent.
C.
Historical grievances, in particular with regard to land
57.
In the courses of history that accompany the development of many countries,
especially those that have experienced European colonization and waves of migration, it is
common for indigenous groups that are in the minority to have suffered injustices that leave
them disadvantaged in the present. Botswana is such a country. In its 2009 Revised Remote
Area Development Programme, the Government acknowledges that certain communities
“find particular and intractable disadvantages, either for logistical reasons, or because of
long standing historical prejudice and subjugation by the dominant groups”. Thus, the
Government commits to “adopt affirmative action across a variety of sectors to improve
their access to education, health, employment and economic development opportunities,
8
14
Botswana, “2009 Revised Remote Area Development Programme”, para. 12.1.1.
GE.10-13968