Human Rights

Poverty, a lack of formal education, geographic isolation and the loss of ancestral lands make San individuals particularly vulnerable to human rights abuse.  Known problems include:

Crime

  • Assaults
  • Physical intimidation

Gender

  • Domestic violence
  • Rape
  • Sexual abuse of children

Labour

  • Withdrawal of payment for work completed
  • Payment in food or alcohol
  • Debt bondage (unfree labour under which work is exchanged for the paying off of loans)
  • Enslavement/selling of San - especially children

Land

  • Seizure of San owned lands, animals and resources without due process
  • Forced eviction from homes and land

Services

  • Discrimination in schools, lack of mother tongue learning
  • Long distances to health services
  • Lack of documentation to access welfare
  • Denial of access to water

For many San, justice is difficult to find.  This compounded by widespread lack of knowledge, an absence of solid leadership structures and poor relationships with government. 

WIMSA uses its links with local San communities to monitor the situation on the ground, while also improving the capacity of San leadership to protect the rights of those in their communities.  Specific activities include:
Reporting and raising awareness of San human rights issues.

  • Building the capacity of San Councils and other San stakeholders to use national and international rights protection mechanisms and engage with governments on their justice needs.
  • Reviewing national legal frameworks to ensure that they are in line with international human rights standards.
  • Supporting litigation where necessary.
Human Rights Assessment

Achievements:

The vast majority of WIMSA’s human rights achievements are low profile victories – a child returning to school, a resolved water dispute, or an old lady receiving her pension.  And although very important they cannot all be mentioned here.  Cases that have attracted more attention include:

Central Kalahari Game Reserve:  After the government of Botswana relocated in 2002 G|ui, G||ana and Tsila groups who had been living in the Central Kalahari Game Reserve (GKGR) for millennia, WIMSA, alongside a coalition of other organisations, supported negotiation activities and a high profile court case to allow San to return to their traditional lands. 

Ruling in December 2006, the High Court of Botswana declared the move to be unlawful, and allowed applicants and their minor children to return to the reserve without permits.  Unfortunately, this did not solve the wider issue, as most residents were not applicants to the case.  Furthermore, the government was not obliged to restore the basic services (health, education, water) that had been withdrawn.   

Moving forward, a ‘CKGR coalition’ was established in 2006 by community members and NGOs to attempt to gain a more favourable negotiated settlement.  Work is still ongoing.

Caprivi Refugee Repatriation:  In 1998 a secessionist movement engulfed Namibia’s Caprivi Region.  Amid intimidation from all sides, San living in West Caprivi were forced to flee to Botswana.  Thanks to prolonged repatriation attempts led by WIMSA, San refugees were able to return to Namibia in 2002.  

Traditional leadership: In Namibia, WIMSA assisted San communities to apply for recognition under the Traditional Authorities Act. Five out of the six San traditional authorities are now officially recognised and are able to participate in important government committees.

Land rights: WIMSA has been spearheading the negotiatons for granting of land rights in several areas, including the Donkerbos/Sonneblom farms in Omaheke (Namibia), N‡a Jaqna Conservancy (Namibia) and Platfontein (South Africa).

 

 

www.kuru.co.bw
Kuru Family of Organisations in Botswana

www.ditshwanelo.org.bw
The Botswana Centre for Human Rights

www.lac.org.na
Legal Assistance Centre (Namibia)

www.khwattu.org
Regional Cultural and Education Centre in Cape Town, South Africa

www.ipacc.org.za
Indigenous Peoples of Africa Co-ordinating Committee

www.san.org.za/sasi/home.htm
The South African San Institute 

Click Here
For a complete list of links