The San people of the Kalahari in Botswana celebrated a historic legal victory on Wednesday when their right to live in the Kalahari
was confirmed by the supreme court of Botswana. "This is a day of great joy," says Norwegian Church Aid's Nina Solberg Nygård.
The case brought by the San against the authorities of
Botswana has lasted over two years. The main point of contention was related to the indigenous people's legal right to live in the Central Kalahari Game Reserve, one of Africa's largest nature
reserves. The government of Botswana wished to move the San out of the reserve where they have lived for centuries. Following pressure from the government in the form of both offers of livestock and
cuts in the water supply, most of the San have already left the reserve against their will.
The judgement in Botswana's supreme court fell Wednesday 13th December, deciding that the
claimants have a legal right to live in the Central Kalahari Game Reserve, and that they had been illegally driven out of their home territory.
It was also decreed that the government's
decision to cease granting hunting permits to residents was also illegal, as they by law fall into a group that is permitted such licences. The judgement also grants residents the right to enter the
area without permission, a consequence of their right to the area.
NCA support
Norwegian Church Aid has followed the trial since it's beginning and has assisted the San with
considerable economic support in order to be able to carry through legal proceedings. Nina Solberg Nygård, Norwegian Church Aid's regional representative for Southern Africa, was present during
the judgement.
"This is a day of great joy. The judgement recognises the San as indigenous people, and this is unprecedented in Botswana. This is of great significance for all who work to
promote the rights of the San," says Solberg Nygård.
"The San are some of the very poorest people in Botswana, and there is a great deal yet to be achieved, both in terms of their
economic development and in terms of land rights. Butt his judgement is a step in the right direction," she says.
Bitter aftertaste
The supreme court of Botswana does not,
however, agree that the authorities' actions to cut the water supply to the San were illegal.
"This leaves a bitter taste in the mouth in the light of our great victory. The San have
always traditionally been able to find water in the desert. This is a skill the younger generation no longer possesses. This is why there is cause for concern – this judgement risks becoming a
simple judgement on paper that does not lead to a change for the better for the San due to simple impracticalities," says Solberg Nygård.
"Botswana's government must do more to ensure
that the San have access to fundamental services so that it becomes possible for them to live in the reserve," Solberg Nygård concludes.
