In Angola, the current issues faced by San people include food insecurity, marginalisation from education including no possibility to use their own languages, access to clean water, healthcare, lack of official identity documents and threats to livelihood preservation. A number of San in Angola are living in unclear tenure situations close to protected areas.
In Southern Angola, the Working Group of Indigenous Minorities in Southern Africa(WIMSA) has worked with a local Christian NGOs to make contact with !Xun and Khwe communities there. Many San were killed or driven into exile during the protracted civil war in Angola. They now find themselves marginalised from the political economy with little to know recognition of their identities and rights as indigenous peoples.
Botswana has a structural and constitutional bias against recognising indigenous peoples. The problem is anchored in the independence constitution of 1966 in which only certain ethnic groups are formally recognised and may be chiefs, which is the foundation of national political system.
Discrimination was built into the original Chieftainship Act which states that the "principal tribes" are defined as the Setswana-speaking Bamangwato, Batawana, Bakgatla, Bakwena, Bangwaketse, Bamalete, Barolong and Batlokwa. Sections 77, 78 and 79 of the constitution guarantee membership of the House of Chiefs to eight Setswana-speaking paramount chiefs, while minority groups are represented by three members, regarded as sub-chiefs. Indigenous peoples and other minority ethnic groups were excluded from the chieftaincy system and hence from the base of rural government.
The Bogosi Act 9 of 2008 was due to address the issue of discriminatory practices in the chieftainship Act. The results were not satisfactory, with the Chiefs of the western Provinces not having the status of the Tswana hereditary chiefs, and thus not representing specific constituencies. The general concern is that these are political appointments. The United Nations Convention for the Elimination of Racial Discrimination (CERD) Committee has observed that the amended Constitution reproduces the discriminatory position relating to the partition of ethnic groups in the House of Chiefs.
In 2006, there was a landmark court victory in Botswana entitling some San to return to their land in the Central Kalahari Game Reserve. The government had removed people from their traditional territory, some with compensation, others being forced to relocate. The resettlement process left the communities highly vulnerable, with improved infrastructure but without means of subsistence or adequate water. The court ruled that forced displacement of indigenous peoples threatened both their rights and their continued existence.
A major area of dissatisfaction and alleged discrimination in San territories is the behaviour of the Land Boards, which determine how communities may use lands under a temporary tenurial system. Traditional San practices of hunting, fishing and gathering wild food are either illegal or not possibly the bases of tenure rights. Contemporary land use for conservation purposes is also difficult to achieve when competing with politically and economically more powerful Bantu groups.
Subsequently, most of the San who were displaced from the CKGR have not been allowed to return. There are still problems concerning the entrance of former residents to the reserve. In, 2014 some of the San inside the protected area were not provided with medicines such as those for HIV or tuberculosis and were allegedly subject to harassment the gates of the reserve.
The government's view is that it is treating all citizens equally, providing housing, water and schools to remote rural areas, while trying to pressure communities out of protected areas and into new villages with centralised amenities.
Indigenous rights and UNESCO World Heritage Site Conservation
The 1972 UNESCO World Heritage Convention is an important mechanism for recognising and conserving iconic sites of natural and cultural Outstanding Universal Value. Botswana has successfully had the Okavango Delta inscribed as the 1000th World Heritage Site in 2014. The inscription was unique in that it recognised the various minority ethnic groups of the territory, including specific recognition of the San peoples (Khwe and ||Anikhwe) as indigenous to the territory and having important cultural heritage landscapes inside the core zone of the natural World Heritage Site.
The inscription and the progressive approach by the Botswana government attracted the attention of international agencies and actors, including the UN Special Rapporteur on Culture, Fareeda Shaheed, who conducted an official mission to Botswana in 2014.
In 2013, IPACC organised a workshop on the World Heritage inscription with San leaders from Botswana and Namibia. The Botswana San chose to endorse the inscription but raised certain concerns with the IUCN, one of the official Advisory Bodies.
In March 2015, IPACC cooperated with the Trust for Okavango Culture and Development Initiative (TOCADI) and the Kuru Family of Organisations (KFO) to conduct a post-inscription workshop in Maun. The meeting considered the governance and human rights issues related to the Tsodilo Hills and Okavango Delta, the two UNESCO World Heritage Sites in Botswana. (Report available).
The indigenous peoples of Namibia include the San, the Nama, the Himba, Zemba and Twa. Some elements of the Baster community also assert indigeneity. The Damara are Khoekhoe speaking people with a hunter-gatherer heritage but have not made a major issue about indigeneity. The current State President is the first Damara to serve in this position.
There are between 27,000 and 34,000 San who represent between 1.3% and 1.6% of the national population. San communities have little access to state services and resources. They are some of the poorest communities in Namibia. Some San languages are part of the official national curriculum while others, such as Khwedam are not recognised. There is a similar situation with traditional authorities.
Nama (Khoekhoen) people number over 100,000 and have some representation in government. Some Nama communities live by subsistence sheep herding. Climate change impacts have been extreme in the south of the country. Nama communities remain concerned that they are politically and economically marginalised, though their language and traditional authorities are formally recognised by the State.
Though the San are still in a vulnerable and under-represented situation compared to their Bantu-speaking neighbours and the white minority, there are signs of changing attitudes in Windhoek. The new Cabinet under His Excellency, President Hage Geingob has established a Ministry of Veterans Affairs and Marginalised People. The Ministry is directly responsible for working with indigenous peoples and the Deputy Minister is Royal |UI |O|oo, the first San man serving at such a high level in national government.
NGOs are also doing their part, and the national framework for Community Conservancies provides and important framework for tenure and equitable natural resource governance. The Integrated Rural Development Nature Conservation (IRDNC) and World Wildlife Fund for Nature (WWF) Namibia have both played a significant role in support San and Himba communities, amongst others. WWF is supporting capacity building and eco-tourism opportunities linked to traditional and commercial sustainable use of natural resources with San communities in several parts of Namibia.
IPACC has two programmes running in Namibia. The principal project is to help the San, Nama and Himba establish a Namibian National Indigenous Peoples’ Platform to engage in right advocacy and dialogue with the national government. IPACC has also worked with its members and NGO partners to promote the recognition, assessment and certification of the traditional knowledge of biodiversity, most notably the capacity to track wild animals. Most recently, IPACC has initiated work with indigenous peoples on national climate change policy and rights issues.
IPACC worked with the Legal Assistance Centre (LAC) and the Namibian Ombudsman’s office to launch the print report of the UN Special Rapporteur on the Human Rights and Fundamental Freedoms of Indigenous Peoples (UNSR). The Namibian government has responded positively to the findings of the report and IPACC plans to work with member organisations and partners to strengthen a national campaign of advocacy, drawing on the key findings of the report.
In 2014, IPACC organized a consultative meeting in Namibia in which delegates from the Nama, Himba and San communities successfully established a framework for an advocacy platform. The steering committee met again in July 2015 and concluded that Namibian indigenous peoples’ engagement with government representatives and other stakeholders are necessary to address the issues stated on the Special Rapporteur’s report. IPACC is proposing to develop a toolkit for strengthening of national platforms for indigenous advocacy in DRC, South Africa, Chad, and Kenya based on the Namibian model.
The indigenous peoples of South Africa are the three San peoples (!Xun, Khwe and ‡Khomani) and the Khoekhoe, including Nama and Griqua. There is also mobilisation by a revivalist movement of Khoe descended people reclaiming identities that were extinguished during the colonial and apartheid periods of South African history. The Venda people also make certain claims to indigeneity based on their adherence to their traditional culture.
The total population of South Africa is estimated to be around 50 million people, with indigenous peoples comprising just over 1%. South Africa’s constitution is considered one of the most progressive in the world. It is based on universal suffrage, human rights, non-discrimination, the right of self-determination and mechanisms for redressing past racial injustices. South Africa has constitutionally embraced the idea of restorative justice, though in practice the implementation has been mixed, with poverty differentials increasing rather than decreasing under democratic rule.
The heart of the tension between indigenous peoples and the Republic of South Africa relates to the colonial legislative processes that disenfranchised the indigenous peoples differently from the Black majority. Key amongst these was the 1903 Native Land Act that removed lands from Black peoples, whereas must of the Khoe and San lands had been annexed prior to 1903. The democratic regime set the date for the limits to land restitution at 1903, effectively condemning indigenous peoples to exclusion from land restitution and constitutional redress.
Under Apartheid, all indigenous identities were removed from public reference, legislation and administration, causing all indigenous peoples to “disappear”, lose all rights and forcibly be registered as other population groups, the opposite of the experience of Black South Africans who were forced to carry identity books with ethnic / linguistics segregated identities.
South Africa initiated a policy review in 1997 to consider the rights of indigenous peoples. It created a national negotiating forum and was the first African state to speak up in favour of indigenous rights during the UN Working Group on Indigenous Peoples. However, after Nelson Mandela left the Presidency, the process of acknowledging indigenous peoples’ rights has laboured and stagnated. The national government has backtracked, refusing to consider international norms and standards on the rights of indigenous peoples. There have been tensions and rivalries between the two line function ministries, the Department for International Relations and Cooperation (DIRCO) and the Department of Cooperative Governance and Traditional Affairs.
The most significant development has been the 2015 promulgation of the new version of the Act on Traditional Leadership and Institutions. Khoe and San peoples will be recognised under the revised act for the first time in South African history. The new version will recognised Khoe and San leadership as a stand-alone structure, not equivalent to the historic colonial and post-colonial system of Bantu chiefs (Note South Africa is the only country in the region where the term ‘Bantu’ has negative colonial and racist connotations).
The Khoi and San peoples in South Africa are still working to gain full recognition and land rights from the government. They have been able to make progress thanks to the enabling legislative environment in South Africa. Despite the fact that there is not a national legislation that formally recognizes the San and Khoekhoe peoples, the government has taken action to implement the Nagoya Protocol under the Convention of Biological Diversity (CBD). In 2013 and in 2014, the National Khoi & San Council (NKC) and the San Council signed agreements with commercial companies to negotiate benefit-sharing arrangements.
In 2014, the government met with 900 Khoi and San to discuss their historical land claims and the process of land restitution. Article 6 of the South African Constitution mentions the Khoi and San indigenous languages but in practice the government has abandoned any efforts to stop the languages from going extinct. Khoekhoegowab is spoken by thousands of people in the Northern Cape Province but the National Department of Education has no curriculum support for the embattled language.
Long term goals of San communities in South Africa include income generation projects in areas such as traditional crafts and eco-tourism, as well as training for employment in the mainstream economy, and increased opportunity and access to government jobs.
Indigenous peoples in Angola include the !Xun and Khwe San and Himba, as well as other groups such as Kwisi, Kwepe, Kuvale and Zemba. In 2014, food insecurity for the indigenous peoples of Angola became a serious problem in addition to severe droughts from previous years. Although the Government of Angola has taken action to increase development programmes in recent years, its overall support of indigenous people remains insufficient.
Botswana has a vibrant indigenous civil society, despite the political and economic challenges. The area where there is mutual interest and increasing dialogue between the government and indigenous peoples is nature conservation. The San are holders of rich indigenous knowledge of biodiversity, wildlife behaviour, and climate, and the Government is interested in developing nature conservation and tourism as part of its national development plan. However, sustainable traditional economic activities such as hunting and gathering wild foods are seen as primitive by the Government, and hunting has become so regulated that families cannot get hunting licenses and feed themselves. On 1 January 2014, HE President Khama imposed a nationwide hunting ban. However, there is still uncertainty about the ban and to whom it applies.
Namibia has a reputation of progressive innovations in land tenure. The Conservancy system in Namibia allows communities to manage rural areas as 'protected areas,' where they are still allowed to carry out traditional economic activities including hunting and gathering. These conservancies benefit from tourism and trophy hunting as well as the active participation of local and indigenous peoples in wildlife management. San activists are working on various strategies to protect their cultures and livelihoods through nature conservancy.
N‡a Jaqna Conservancy in Tsumkwe West is threatened with deproclamation. NyaeNyae Conservancy in Tsumkwe East is experiencing land invasions by agro-pastoralists. Windhoek has been loath to support the San against more politically powerful constituencies.
Southern Namibia has been battered with successive droughts, placing great strain on the Nama economy. The north has experienced both flooding and droughts caused by climate instability. Indigenous peoples describe loss of biodiversity, failure of certain wild plants to reproduce naturally and difficulties with changing wild animal behaviour under the environmental stresses of climate change.
WWF and WIMSA have worked with the Khwe to help promote the development of democratic leadership representation, even where the State has refused to acknowledge traditional authorities.
Chronological order of events
1904 – Griqua National Conference is founded in South Africa. The first indigenous peoples’ organisation on the African continent;
1986 - The Kuru Development Trust is formally set up in Botswana to support San peoples.
1992 – Regional Conference on Development Programmes for Africa’s San Populations held in Windhoek –first formal process on San indigenous peoples rights.
1996 – Working Group of Indigenous Minorities in Southern Africa (WIMSA) is founded, representing San in Namibia, South Africa, Zambia, ZImbabwe and Botswana; Angola later joined WIMSA.
1997 – Indigenous Peoples of Africa Coordinating Committee adopts its first Constitution in Geneva and gives a mandate to the South African San Institute to set up a Secretariat.
1998 - The South African government starts negotiating with Khoe and San groups about constitutional accommodation.
2004- South African Government creates an interdepartmental working group on Khoe and San issues.
2005 - The UN Special Rapporteur Professor Rodolfo Stavenhagen visits South Africa.
2005 – A GIS map training centre established in Shakawe, Ngamiland, Botswana.
2006 – IPACC hosts a regional workshop in Namibia on how to assess and certify tracking skills.
2006 – Namibia presents the Africa Group with an Aide Memoire that contradicts the African Charter on Human and Peoples Rights, and claims that indigenous peoples cannot be recognised in Africa;
December 2006 - Botswana's High Court decides that the San are entitled to return to their land in the Central Kalahari Game Reserve. It highlights their status as indigenous peoples.
2007 - San, Nama and Griqua organisations create an Indigenous Peoples and Protected Areas Working Group.
September 2007 – SADC states all support the vote for the UN Declaration on the Rights of Indigenous Peoples at the UN General Assembly
2008 - Most of the San who were displaced from the Central Kalahari Game Reserve are not allowed to return.
2012 – The UN Special Rapporteur James Anaya visits Namibia.
2013 - IPACC organizes a World Heritage workshop in Botswana. San endorse Botswana’s proposed inscription of the Okavango Delta;
2014 – The UN Special Rapporteur launches the report on indigenous people’s human rights in Namibia.
June 2014 - The Okavango Delta is inscribed on the World Heritage list as the 1000th site.
January 2015 - Namibian Indigenous Peoples’ Advocacy Platform (NIPAP) is established.