They say they recognise that their request comes at a pivotal moment in President Duma Boko’s time in office and remain hopeful for meaningful dialogue on the broader issues of recognition of BaSarwa indigenous people
GAZETTE REPORTER
BaSarwa have urged the government to officially recognise them as indigenous people and to address a series of longstanding grievances about their ancestral lands that were brought into sharp relief by the burial of Pitseng Gaoberekwe inside the Central Kalahari Game Reserve (CKGR) on 10 December last year, three years after his death on 31 December 2021.
A case against the government
In a letter addressed to President Duma Boko dated 22 November 2024, BaSarwa of central Kgalagadi narrate how they had resolved in March 2024 to file a case against the government before the African Commission on Human and People’s Rights.
They say the decision came after the High Court and the Court of Appeal in Botswana dismissed two applications by Lesiame Pitseng, who had sought to bury his father, Pitseng Gaoberekwe, in the CKGR in accordance with the latter’s last wishes.
The Pitseng family had contended that having exhausted all local legal remedies without success, they were compelled to turn to the continental human rights body in the hope of pressuring the government to allow the burial.
“We spent the past months doing interviews, engaging stakeholders including potential funders, and drafting the communication to the Commission,” reads the letter.
Although the burial of Gaoberekwe eventually took place under the new government of the Umbrella for Democratic Change (UDC) on International Human Right Day last year, the BaSarwa are insisting that the underlying issues remain unresolved.
Key demands
In their petition to President Boko, the BaSarwa outlined several key demands, including:
- A public apology from the government to the Pitseng family to facilitate reconciliation;
- Adoption of a national policy recognising BaSarwa as Indigenous People as acknowledged in the Roy Sesana and Others v Attorney General case
- Domestication of key regional and international conventions to promote the rights of Indigenous People in Botswana;
- A government-led engagement with BaSarwa of the CKGR to develop a burial policy specific to the reserve;
- A broader national dialogue to address colonial-era injustices affecting BaSarwa, including forced relocations, land dispossession, and cultural erosion; and
- Establishment of a commission to draft a legislative framework aligned with international indigenous peoples’ rights and conventions.
The letter also explains why the community chose to delay filing their case with the African Commission on Human and People’s Rights until after the October 2024 general elections.
“The decision to postpone the filing was based on our hope for change in government, which would avail an avenue to engage with the post-election administration before turning to external structures,” they wrote.
Solidarity with BaSarwa
They say they welcomed the rise of the UDC to power, calling it a “fundamental change of circumstances” that could positively influence the outcome of their intended case.
They noted that the UDC had historically expressed solidarity with BaSarwa and their struggles. “We are all privy to the UDC’s position on the treatment of the San (BaSarwa) by the post-colonial government,” they wrote.