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| Bushman woman, CKGR, Botswana 2004
© Stephen Corry/Survival |
Botswana's government is pushing a bill through Parliament to scrap the key clause in the Constitution that protects Bushman
rights. The move comes half way through the Bushmen of the Central
Kalahari's landmark legal action against the government, in which the
same clause forms a major plank of their case.
The current trial marks the first time in Botswana's history that the
clause has actually been tested in court, but now it is highly likely
that it will be removed from the Constitution. The amendment removing
the protection passed its second reading in Parliament this week. If
voted through on a third reading, it could become law within a few
months.
The clause, s14(3)(c), says that the general public can have their
right to free movement restricted within 'defined areas' if this is
necessary for the protection or well-being of Bushmen. This should mean
that the Gana and Gwi Bushmen's ancestral land within the Central
Kalahari Game Reserve is protected.
The Bushmen's organisation First People of the Kalahari said in a
statement on Friday, "how can the government even think of changing
this section half way through our court case? This section was included
in the Constitution to give us protection. Now we are trying to rely on
the section for the first time in history. Can it be a coincidence that
a few months later, the government has decided to remove it?"
Survival International's Director, Stephen Corry, said today, "The
government claims the Constitution must be changed to render it
'tribally neutral'. In fact, removing this section takes away the only
constitutional protection given to an already vulnerable people, just
when they need it most. It is outrageous that the Government should act
before the Court has handed down its judgement. The court's
guidance as to the purpose and effect of section 14(3)(c) would have
helped the Parliament decide whether it was sensible to scrap it. This
confirms that the government is happy to bend the law and even the
Constitution just to get its own way."
Photos and footage available. For more information contact Miriam Ross on (+44) (0)20 7687 8734 or email mr@survival-international.org
