A/HRC/15/37/Add.2
specific relevance of the Declaration, as evident by its terms, and of the various United
Nations programmes and mechanisms concerning indigenous peoples, including the
mandate of the Special Rapporteur, applies to those indigenous groups that are in nondominant positions and that have suffered and continue to suffer threats to their distinct
identities and basic human rights in ways not felt by dominant sectors of society. Hence, in
the present report the Special Rapporteur focuses, in the light of the standards articulated in
the Declaration, on the concerns of non-dominant indigenous groups of Botswana that share
in these characteristics.
III. Positive developments
A.
The domestic legal framework
16.
The Special Rapporteur considers that the incorporation of tribal institutions and
custom into the national legal system of Botswana provides a foundation for strengthening
distinct indigenous identities and cultural patterns, in line with the Declaration. In
particular, recognition of tribal authorities and customary law, within a framework of
respect for fundamental human rights and gender equality, constitutes a good practice if
that recognition is extended equally to all indigenous or tribal groups. Additionally, the
House of Chiefs, or Ntlo ya Dikgosi, serves the important role of ensuring that tribal
interests are considered at the highest levels of Government. While legal obstacles have
impeded non-dominant tribes from achieving the same level of participation and
representation in political life as dominant Tswana tribes, the Special Rapporteur notes the
recent efforts of the State to address this complex issue through constitutional and
legislative reform (see part II (B) above), although it appears that certain problems remain
in this regard (see part IV (B) below).
17.
The Special Rapporteur also notes and commends the Government of Botswana for
its broader policies and initiatives oriented towards eliminating discrimination based on
ethnic or tribal identity and towards building a society that is genuinely inclusive of all.
B.
The Remote Area Development Programme
18.
The Special Rapporteur acknowledges the efforts and commitment of the
Government to provide all citizens with access to development programmes and to address
the economic disadvantages faced by particular groups, such as the Basarwa. He also
recognizes the challenges that exist in providing such services to indigenous communities,
many of them nomadic or semi-nomadic, located in remote areas throughout the country.
19.
The primary policy initiative currently in place to alleviate poverty and promote
development is the Remote Area Development Programme. In 1975, the Government
initiated the Basarwa Development Project, aimed at helping the Basarwa in particular
“adapt to the fast evolving economy of Botswana”.3 In 1978, the project was decentralized
and its focus expanded beyond the Basarwa to address the socio-economic conditions of
other marginalized communities in the seven geographic districts: Central, Ghanzi,
Kgalagadi, Kweneng, Kgatleng, North West, and Southern. At that time, the project
became known as the Remote Area Development Programme.
3
GE.10-13968
Botswana, “Report of the Review of the Remote Area Development Programme” (Ministry of Local
Government, 19 December 2003), p. 7.
7