UN Expert Urges Botswana to Recognise Indigenous Peoples’ Rights and Lands

At the conclusion of his country mission, Barume welcomed the political will expressed by President Mokgweetsi Masisi and senior government officials to improve Indigenous rights protections.

 

The United Nations Special Rapporteur on the rights of Indigenous Peoples, Albert K. Barume, has urged Botswana to take stronger action to address the persistent marginalisation of its Indigenous communities, particularly the San, while acknowledging a recent shift in government policy toward greater openness and engagement.

Recognition Still Absent

At the conclusion of his country mission, Barume welcomed the political will expressed by President Mokgweetsi Masisi and senior government officials to improve Indigenous rights protections. However, he cautioned that constitutional and legal recognition of Indigenous Peoples remains absent, leaving many communities without effective safeguards.

“Without such recognition, many communities continue to face systemic obstacles that undermine their cultural survival and participation in national life,” Barume said.

Key Concerns from Indigenous Communities

During his visit, which included stops in Gaborone, Ghanzi, Maun, Nata and the Central Kalahari Game Reserve (CKGR), Barume heard testimonies from Indigenous leaders and families. They raised concerns about:

• Forced relocation and land rights: Despite a 2006 High Court ruling affirming the San’s right to return to the CKGR, communities reported continued obstacles to reclaiming land, accessing water, and sustaining traditional livelihoods.

• Discrimination and dignity: Indigenous peoples reported ongoing experiences of exclusion in both public life and access to services.

• Education barriers: Many Indigenous children face difficulties due to language barriers in schools, while Indigenous girls in hostels remain at risk of violence and exploitation.

• Justice system access: Courts often lack translation services, limiting Indigenous communities’ ability to seek fair legal redress.

• Labour exploitation: On some private farms, reports of exploitative conditions and child labour were shared with the Rapporteur.

Land, Resources, and Cultural Survival

Access to land and natural resources remains one of the most pressing challenges. Communities stressed the need for guaranteed essential services—such as water, health care, and education—if they are to return to ancestral lands in the CKGR. Barume also called for stronger benefit-sharing mechanisms from natural resource use, particularly in mining and tourism, to ensure Indigenous groups are not left behind.

He also emphasized the importance of preserving Indigenous languages and cultures, noting that cultural survival is directly tied to land rights and community autonomy.

Extractive Industries and Consent

The Special Rapporteur urged Botswana to ensure that free, prior and informed consent is respected in extractive industries and energy projects. He noted that Indigenous peoples must be meaningfully included in decision-making processes that affect their lands, resources, and livelihoods.

Government Progress and Positive Steps

Barume acknowledged several recent government initiatives, including:

• The creation of an Inter-Ministerial Committee on Indigenous Rights.

• The President’s personal history of involvement in landmark cases on land and water rights.

• A symbolic but important decision to allow the burial of a San elder on ancestral land after a long legal dispute.

He described these steps as promising signs of political openness but stressed that concrete reforms, budget allocations, and effective implementation are needed to close the gap between policy and reality.

International Support Needed

Calling Botswana a growing regional leader in human rights, Barume urged international partners to support both the government and Indigenous communities in strengthening justice, equality, and dignity.

He emphasized that international cooperation will be crucial for building capacity in areas such as education, justice access, labour protections, and land rights enforcement.

Next Steps

Barume will present a full report on his findings and recommendations to the UN Human Rights Council in September 2026.

He thanked the Government of Botswana for its cooperation, as well as Indigenous communities, civil society, and UN agencies for their contributions to the mission.

“Botswana stands at a crossroads,” Barume concluded. “The Government’s openness is commendable, but true progress requires structural recognition of Indigenous Peoples’ rights and concrete action to ensure justice, dignity, and equality for all.”