A/HRC/15/37/Add.2
(a)
Recognize and respect the traditional decision-making structures and
patterns of the distinct indigenous groups in Botswana, including those that differ
from the kgotla system currently in place;
(b)
Ensure that local indigenous communities are genuine participants in all
decisions affecting them, especially those decisions affecting the integrity of their
cultures and the lands on which they survive;
(c)
Ensure that indigenous communities have adequate and full information
about proposed decisions affecting them;
(d)
Ensure that important decisions about development priorities and
projects that affect the lives, cultures or territories of indigenous communities that are
underrepresented in the dominant political system are not taken without genuine,
good faith efforts to obtain the free, prior and informed consent of those communities.
C.
Historical grievances
93.
Particular indigenous groups have uniquely suffered historical injustices,
including the dispossession of traditional lands, which has contributed to conditions of
marginalization and a range of social ills.
94.
The Government has acknowledged many of these historical injustices and,
notably, in its 2009 Revised Remote Area Development Programme, identified a
number of measures to address these issues. The Government should further pursue
the development of specific policies and programmes to provide redress for these
historical injustices, including those recommended in the 2003 review of the Remote
Area Development Programme, which aims to reorient that programme to address
the underlying poverty issues and, in particular, land rights issues.
95.
In addition to measures already in place, the Government should develop and
implement a mechanism, in consultation with the affected indigenous groups, to
thoroughly examine and provide redress for instances of land dispossession, in
accordance with international standards for reparations and restitution of land.
96.
The Government should reorient its policies and laws regarding land use,
conservation and wildlife management to accommodate the subsistence needs and
cultural practices of communities that have been dispossessed of access to lands or
resources by policies and measures such as the Tribal Grazing Land Policy and the
creation of conservation and wildlife management areas.
D.
Central Kalahari Game Reserve
97.
The decision by the High Court of Botswana in the case of Roy Sesana and
Others v. The Attorney General, concerning the removal of Basarwa and Bakgalagadi
communities from the Central Kalahari Game Reserve, highlights the failure of the
Government to adequately consult with indigenous peoples in significant decisions
affecting them and to respect their rights to traditional lands and resources. The
Government should fully and faithfully implement the Sesana judgement and take
additional remedial action in accordance with international standards relating to the
removal of indigenous peoples from their traditional lands. Such remedial action
should include, at a minimum, facilitating the return of all those removed from the
reserve who wish to do so, allowing them to engage in subsistence hunting and
gathering in accordance with traditional practices, and providing them the same
GE.10-13968
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