A/HRC/15/37/Add.2 reserve is incompatible with the conservation and wildlife management objectives of the reserve. 73. While the Government may or may not be following the order of the Court in the Sesana case in a technical sense, its position on who should be permitted to re-enter the reserve without obtaining entry permits, its restrictions on hunting and livestock possession and its denial of services to those currently living in the reserve do not appear to be in keeping with the spirit and underlying logic of the decision, nor with the relevant international human rights standards. The Sesana decision would seem to suggest that all former residents of the game reserve who were relocated should be permitted to return without having to obtain entry permits and should be able to subsist and maintain a dignified life within the reserve. In addition, the Government’s position that habitation of the reserve by the Basarwa and Bakgalagadi communities is incompatible with the conservation objectives and status of the reserve appears to be inconsistent with its decision to permit Gem Diamonds/Gope Exploration Company (Pty) Ltd. to conduct mining activities within the reserve, an operation that is planned to last several decades and could involve an influx of 500–1,200 people to the site, according to the mining company. 74. Some former inhabitants chose not to return to the reserve because of the lack of services. Those people currently in the reserve are struggling due to lack of water and social services and have asked to receive services at their communities within the reserve; even just the provision of water would significantly improve their current living conditions, and hence a number of them have commenced a new legal action to reactivate a water borehole in the reserve. Moreover, those living in the reserve stated that they want to be able to hunt and gather, and explained that these activities are important aspects of their culture. They also explained their deep sense of connection to the land in the reserve, based in significant part on their belief that their ancestors are present in those lands, and that they view the land as their own. This connection to the reserve lands was also evident among Basarwa and Bakgalagadi people that have been resettled at Kaudwane and New !Xade, who expressed a desire to return to the reserve despite the significant challenges that they had previously faced while living there. 75. The Government reports that it commenced in 2008 an initiative for a consultation process with residents of the affected communities, with a view towards resolving the issues that persist within and around the reserve, and that initial consultations have taken place in the settlements in and around the game reserve, paving the way towards more indepth discussion scheduled for early 2010. Close observers outside the Government, however, complain about the slow pace of the process and that meaningful talks have not yet taken place, due in large part to a lack of funding by the Government for the process. VI. A. 1. Conclusions and recommendations Respect for cultural diversity Affirmative measures 76. Botswana is a country rich with diverse indigenous cultural and tribal identities, including those of the non-Tswana indigenous groups that are a numerical minority and that have suffered marginalization in various aspects of life. The Government has already made significant efforts to celebrate and promote this cultural diversity through a number of important programmes, many articulated in its National Policy on Culture. Every effort should be made — by the Government, civil society, the media and the private sector — to continue and strengthen these efforts. 18 GE.10-13968