Rights of minorities and indigenous communities

37.The Committee is concerned about the difficulties faced by minorities and indigenous communities in accessing public services, including healthcare and education, in enjoying their rights to their traditional lands and natural resources and in exercising their linguistic rights. In particular, it is concerned that: (a) former residents of the Central Kalahari Game Reserve, in particular the Basarwa and Bakgalagadi, who were not applicants in the case Roy Sesana and Others v. t he Attorney General, are required to obtain entry permits to enter the reserve; (b)children belonging to minority groups in remote areas,particularly Basarwa children, are institutionalized in hostels that are located very far from their families, that are reportedly unsafe and that sometimes lack access to water or electricity, in order to receive primary education; (c) languages other than English and Setswana are prohibited in broadcasting, private printed media and private radio stations; (d) there are no provisions in the Communications Regulatory Authority Act (2012) for local community-based broadcasting and that broadcasting licences for locally based community radio stations have reportedly been rejected; and (e) under the Constitution, members of minorities who do not speak English are not eligible to be elected to the National Assembly (arts. 2, 19 and 25–27).

Concerned persons/groups

Rights of minorities and indigenous communities

38. In light of and bearing in mind the Committee’s previous recommendation, the State party should:

(a) Ensure that the rights of minorities and indigenous communities, particularly in relation to their traditional lands, natural resources and linguistic rights, are promoted, protected and recognized in law and in practice, including through the development and enactment of dedicated legislation with a view to guaranteeing their enjoyment of Covenant rights without discrimination; 

(b) Ensure the consistent and effective application of the principle of free, prior and informed consent before any developmental or other activities take place on lands traditionally used, occupied or owned by minorities and indigenous communities; 

(c)Ensure that no restrictions are imposed on current and former residents of the Central Kalahari Game Reserve, including those who were not applicants in Roy Sesana and Others v. t he Attorney General, to their return to and stay in the reserve; 

(d) Review the practice of institutionalizing in hostels children belonging to minority groups in remote areas for the purpose of receiving education and find suitable alternatives ; 

(e) Ensure that indigenous communities are able to express themselves in their own languages and promote their cultures, including in broadcasting, private printed media and private radio stations.