San land rights in Botswana: a critical analysis

Since independence in 1966, the Republic of Botswana in southern Africa has had a long history of democratic elections. Botswana also has one of the highest populations of San peoples in the region, who have faced discrimination and marginalization for centuries. The San, who consider themselves to be Indigenous Peoples, are not accepted as such by Botswana’s government, which holds that its citizens are Indigenous. San, who number some 60,000 in Botswana, have faced severe difficulties in getting access to land and natural resources. This situation in part derives from land reform programs that did not guarantee the rights of minorities. This chapter describes some of the processes of dispossession that San have faced. While some land has been set aside as remote area settlements, these areas are not solely for San people. Communal land in the country is alienable, and there are no legal guarantees to land for San and other minorities. The expansion of the livestock, agriculture, tourism, and mining industries have also had impacts on San people and their neighbors. San have responded to these situations by organizing non-government organizations, lobbying for their rights nationally and internationally, and going to the High Court with legal cases, some of which have been successful. The legal cases involving the Central Kalahari San in particular have set international precedents, for example, to the human right to water which has relevance to the United States, South Africa, and Colombia. However, the Botswana government has not honored many of the High Court judgments, leaving the San in a position where their land and resource rights are still precarious.