PRESS STATEMENT ON CKGR COURT RULING

DITSHWANELO RESTATES ITS CALL FOR A RETURN TO NEGOTIATIONS

On 13 December 2006, the High Court of Botswana ruled on the Central Kalahari Game Reserve (CKGR) case. It was taken to court by First People of the Kalahari (FPK) on behalf of the CKGR Negotiating Team in February 2002. DITSHWANELO - The Botswana Centre for Human Rights would like to congratulate FPK and the CKGR residents on the favourable court decision. We are pleased that the long awaited ruling has clarified the rights of the CKGR residents to land occupation, hunting and entry into the game reserve.

The Court ruled that the Government is not obliged to provide basic and essential services to the residents. It has also held that the termination of services by the Government was neither unlawful nor unconstitutional. The Court recognised the role of local NGOs in the promotion and protection of the rights of the CKGR residents.

DITSHWANELO has repeatedly emphasised the importance of negotiations. We believe that negotiations, conducted in good faith, are the most appropriate way to reach a sustainable solution to the CGKR issue.

The Judges emphasised the wisdom in using the negotiation approach. Mention was also made of the need to place the CKGR issue within the broad development context. DITSHWANELO continues to stress that the Rights Based Approach to Development provides an appropriate tool for the achievement of development for the residents of the CKGR.

DITSHWANELO calls upon the Government to begin an inclusive, participatory process to determine the future use of the CKGR and wellbeing of its residents.

14 December 2006

Gaborone