BWA 1/2013
Communication sent by the Special Rapporteurs Indigenous Peoples concerning aAllegations concerning the situation of the Basarwa and Bakgalagadi indigenous peoples in the Central Kalahari Game Reserve. According to the information received, there are approximately 500 to 600 Basarwa and Bakgalagadi indigenous residents living in five communities within the Central Kalahari Game Reserve. Approximately 2,200 to 2,400 Basarwa and Bankgaladi people who were former residents of the Reserve, but who have been evicted from their traditional lands, now live in the resettlement sites of Xere, New Xade and Kaudwane. In the Roy Sesana and Others v. The Attorney General decision of 2006, the High Court of Botswana held that the Government’s refusal to allow the applicants in the case to enter the Reserve unless they were issued with permits was unlawful and unconstitutional. However, the Government has allegedly maintained a position that only the 243 applicants who were named in the Sesana case can return to the Reserve without obtaining a temporary entry permit. Further, indigenous residents in the Reserve have allegedly been criminally prosecuted, arrested, harassed, beaten and intimidated by police and park officials for engaging in their traditional subsistence hunting and gathering activities.