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Recognition of the Indigeneity of the Basarwa in Botswana: Panacea against their Marginalisation and Realisation of Land Rights?

Recognition of the Indigeneity of the Basarwa in Botswana: Panacea against their Marginalisation... The Basarwa are the most marginalised tribe in Botswana. Their loss of access to land and subjugation is traceable to the arrival of the Bantu in Southern Africa. In an effort to address this historical injustice, the colonial government conceived the Central Kalahari Game Reserve (CKGR) as a ‘Bushmen’ land reserve. Notwithstanding this, the Basarwa have lost access to their historical lands and natural resources to tourism and mining. Consequently, the Basarwa took the government to court which resulted in the judicial pronouncement that that they are lawful occupiers of the reserve and cannot be relocated against their will. The court ruled that the Basarwa are indigenous peoples within the scope of international law. This article investigates the rights indigenous peoples have in the context of protecting the Basarwa. It argues that the Constitution of Botswana confers special rights to the Basarwa equivalent to those of indigenous peoples at international law. It further argues that the Basarwa have rights to access and utilisation of natural resources in the CKGR. This article recommends that the government should desist from approaching the Basarwa in a paternalist manner and respect their right to self-determination. It concludes that the recognition of the indigeneity of the Basarwa is critical in resolving their land issues. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Recognition of the Indigeneity of the Basarwa in Botswana: Panacea against their Marginalisation and Realisation of Land Rights?

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Publisher
Edinburgh University Press
Copyright
Copyright © Edinburgh University Press
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2020.0339
Publisher site
See Article on Publisher Site

Abstract

The Basarwa are the most marginalised tribe in Botswana. Their loss of access to land and subjugation is traceable to the arrival of the Bantu in Southern Africa. In an effort to address this historical injustice, the colonial government conceived the Central Kalahari Game Reserve (CKGR) as a ‘Bushmen’ land reserve. Notwithstanding this, the Basarwa have lost access to their historical lands and natural resources to tourism and mining. Consequently, the Basarwa took the government to court which resulted in the judicial pronouncement that that they are lawful occupiers of the reserve and cannot be relocated against their will. The court ruled that the Basarwa are indigenous peoples within the scope of international law. This article investigates the rights indigenous peoples have in the context of protecting the Basarwa. It argues that the Constitution of Botswana confers special rights to the Basarwa equivalent to those of indigenous peoples at international law. It further argues that the Basarwa have rights to access and utilisation of natural resources in the CKGR. This article recommends that the government should desist from approaching the Basarwa in a paternalist manner and respect their right to self-determination. It concludes that the recognition of the indigeneity of the Basarwa is critical in resolving their land issues.

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Nov 1, 2020

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