Tourism, world heritage sites, wild life protection and cultural rights

IV. Conclusions and recommendations

87. Botswana must be commended for its approach to conservation and development that recognizes the rights of local people to manage and benefit from the management and use of natural resources through community-based natural resource management. The Special Rapporteur encourages the Government to increase efforts in that regard, empower the communities concerned and build their capacity, in particular in the tourism industry.

88. The Special Rapporteur understands the concerns expressed by the Government regarding the need to protect its rich biodiversity and its policy to ensure the economic transition of local communities through their participation in tourism activities. She recommends, however, that the Government fully abide by its obligation to respect and protect cultural rights when tailoring these policies. In particular, the strong cultural dimension of hunting and harvesting practices needs to be acknowledged and thorough consultations and discussions with the communities concerned must be undertaken on these issues. In accordance with article 29 of the Universal Declaration on Human Rights, limitations to cultural rights shall be determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and meeting the just requirements of morality, public order and the general welfare in a democratic society. Any limitations must be proportionate, that is, the least restrictive measures must be taken when several types of limitations may be imposed.

89. The Government should conduct mass information campaigns, including through proactively engaging with communities, to explain to the peoples of Botswana the legal framework in place regarding land allocation, their rights, procedures to be followed and available options, including when communities have settled on self-allocated land for years.

90. Botswana must be congratulated for the steps taken to consult relevant communities in the process leading to the listing of the Okavango Delta as a UNESCO World Heritage Site. The Special Rapporteur notes with satisfaction that the nomination dossier presented by the Government included important information regarding the cultural heritage and user access rights of the San people. She was also happy to receive the Government’s assurances that the area would not be fenced off, nor would there be any eviction of local communities, nor disruption of their rights of access to natural resources.

91. The Special Rapporteur encourages the Government to continue implementing the UNESCO recommendations for the Okavango Delta, in particular, to reinforce the recognition of the cultural heritage of the local inhabitants, to effectively and clearly communicate all matters concerning the implications of the listing to the affected peoples, to respect and integrate their views into the management, planning and implementation of decisions and to ensure that they have access to benefits derived from tourism. She recommends in particular that:

• (a) Measures be adopted to ensure that conservation of the site will not have a negative impact on local communities and local livelihood opportunities should be developed in line with conservation goals;
• (b) Management plans be elaborated and implemented in cooperation with indigenous peoples and local communities and be based on traditional knowledge and skills in site conservation;
• (c) The knowledge, innovations and practices of indigenous and local communities in the Okavango Delta be respected, preserved and maintained in accordance with articles 8 (j) and 10 (c) of the Convention on Biological Diversity; (d) Detailed information be communicated in timely manner to the communities concerned in a language that they clearly understand, including on schedules, persons in charge and long-term goals;
• (e) The United Nations Declaration on the Rights of Indigenous Peoples be fully taken into consideration and respected in this process.

92. The Special Rapporteur recommends that the Government engage with the San of the Central Kalahari Game Reserve, in particular on community-based natural resource management and tourism in the reserve and agreements should fully include respect for the cultural rights of the San people. The Special Rapporteur also recommends that the Government:

• (a) Adopt a less restrictive interpretation of the High Court decision in the Sesana case and facilitate the return of all those who were removed from the Central Kalahari Game Reserve who wish to return;
• (b) Recognize and implement the right of offspring to remain on the reserve upon attaining majority at 18 years of age.

93. There is a need for confidence-building measures to improve relationships between communities and the government departments responsible for protecting wildlife and the environment.

94. More widely, the Special Rapporteur recommends that the Government take into consideration the strong imbalances in power between the various tribes and communities in the country as well as between communities and business enterprises when engaging in consultations with communities on projects and development programmes. Women should also be fully included in the consultation processes.