PRESS STATEMENT BY THE BOTSWANA NGO CKGR COALITION

CKGR Court Case Ruling and a Call for Negotiation

The Botswana Non-Governmental (NGO) Central Kalahari Game Reserve (CKGR) Coalition is made up of five Botswana NGOs, namely The Botswana Council of Non-Governmental Organizations (BOCONGO), The Botswana Council of Churches (BCC), DITSHWANELO - The Botswana Centre for Human Rights, The Kuru Family of Organizations (KFO) and the Working Group of Indigenous Minorities in Southern Africa – Botswana Chapter (WIMSA). We all have an interest in Human Rights and Development issues concerning the Basarwa / San Peoples of Botswana. DITSHWANELO is the Secretariat of the Coalition. The intention of the Botswana NGO CKGR Coalition is to provide logistical and developmental support to the Baxxxxsarwa / San residents of the CKGR, both those currently living in the resettlement villages outside the reserve, and those currently living in the CKGR.

Judgment in the case between the Basarwa / San of CKGR and the Government of the Republic of Botswana was delivered on the 13 December, 2006. The Coalition is pleased that all matters that were brought before the Court were diligently and meticulously addressed.

The High Court had to make a ruling on the following. a) Whether termination of basic and essential services (health, food and water etc) was unlawful and unconstitutional, b) Whether the Government is obliged to restore the services. On these issues the Court ruled that the termination of services was neither unlawful nor unconstitutional. It also decided that the Government is not obliged to restore basic and essential services.

c) Whether before 2002, the residents were in possession of the land which they lawfully occupied, d) Whether they were unlawfully or wrongly deprived of the land without their consent, e) Whether refusal by the Government to issue Special Game Licenses (SGL) was unlawful and unconstitutional and f) Whether the refusal of the Government to allow residents to enter the Game Reserve without a permit was unlawful and unconstitutional. The Court ruled that the residents had lawfully occupied the land and were unlawfully deprived of it without their consent. It held that the refusal by the Government to issue SGL to them was unlawful and unconstitutional. The Court also ruled that it was unlawful and unconstitutional to deny residents entry into the CKGR.

Recognizing that the Court ruling has not dealt with fundamental developmental issues, the Coalition believes and emphasizes that negotiation between the affected parties remains a viable option. Such negotiations will ensure participatory processes that deliver a sustainable solution. The Coalition is also open to dialogue with Government on all matters relating to the CKGR. We were encouraged by the reference made by the judges to the negotiations approach to address the issue.

15 December 2006,

Gaborone .