• Specific Year
    Any

Boko, Duma Gideon --- "Integrating the Basarwa Under Botswana's Remote Area Development Programme: Empowerment or Marginalisation?" [2002] AUJlHRights 19; (2002) 8(2) Australian Journal of Human Rights 153

[*] LLB (Botswana), LLM (Harvard), Lecturer, Department of Law, University of Botswana. Editors Note: Contact could not be made with Duma Boko after the initial submission of this article. The editors, therefore, have undertaken minor revisions called for by the referees.

[1] The Basarwa are also known as the Bushmen, they reside in and around the Kalahari Desert region of southern Africa.

[2] See for example, Bechuanaland Protectorate Constitutional Discussions, 1963.

[3] See above for the list of those who took part in these discussions, the list is supplied as Annexure B. None of the participants belonged to the marginalized ethnic minorities of Botswana.

[4] See Tribal Territories Proclamation No. 9, 29 March 1899. This proclamation established and determined the boundaries of five Native Reserves, namely, Bamangwato, Batawana, Bakgatla, Bakwena and Bangwaketse. The subsequent addition of three more Native Reserves increased their number to eight; see also Bechuanaland Protectorate (Lands) Order in Council, 1904 and the Bechuanaland Protectorate (Lands) Order in Council, 1910.

[5] It was reviewed in 1986 for NORAD a Norwegian donor agency leading to the production of the report cited as Gulbrandsen,(1986) it was also reviewed by Ulla Kahn whose report has also been mentioned Kahn (1990)

[6] For an illuminating discussion of encysted communities see Orans, (1965)

[7] Also see Burger (1987)

[8] See the definition contained in the U.N. Subcommision on Prevention of Discrimination and Protection of Minorities, Study of the Problem of Discrimination against Indigenous Populations,U.N. Doc. E / CN 4 / Sub. 2 / 1986 / 7 Add.4, para. 379 (1986 )

[9] See, inter alia, U.N. Charter art. 1(3); Declaration on the Elimination of All Forms of Intolerance and Discrimination based on Religion and Belief, G.A. Res. 36/55, Nov. 25, 1981, GAOR, 36th Session, Supp No. 51, at 171, U.N. Doc. A/36/684 ( 1981 ); International Convention on the Elimination of All Forms of Racial Discrimination, Dec. 21, 1965, G.A. Res. 2106 A(XX), 660 U.N.T.S. 195 ( entered into force Jan. 4, 1969); see also Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries, June 27, 1989, art.3(1), International Labour Conference ( entered into force Sept. 5, 1990) Official Bulletin, vol. LXXII, 1989, Series A, No. 2 pp. 59-70.

[10] The ones that have been incorporated are the 1951 Convention relating to the Status of Refugees as well as its 1967 Additional Protocol, the four 1949 Geneva Conventions on International Humanitarian Law and the 1969 Vienna Conventions on Diplomatic and Consular Relations. The first of the above was incorporated into domestic law by the Refugees (Recognition and Control) Act of 1967. The ones on Humanitarian Law were incorporated by the Geneva Conventions Act, CAP 39:03, while the 1969 Vienna Conventions were incorporated by the Diplomatic Immunities and Privileges Act No. 5 of 1968, CAP 39:01 of the Laws of Botswana.

[11] See Wilmsen (1989) for an elaborate and incisive discussion of this marginalization and denigration