UN Expert Urges Botswana to Grant Constitutional Recognition and Stronger Protections to San People

UN Expert Concludes Botswana Visit, Calls for Indigenous Rights Recognition

Albert K. Barume, the United Nations Special Rapporteur on the rights of Indigenous Peoples, concluded a 12-day official visit to Botswana on September 12, 2025, with a strong call for the government to grant constitutional recognition and stronger protections to its indigenous communities. His preliminary findings, shared at a press conference in Gaborone, highlighted longstanding discrimination faced by the San people, who constitute approximately 3% of Botswana's population.

During his mission from September 1 to 12, 2025, Barume assessed various issues, including land rights, access to natural resources, equality, non-discrimination, and participation in decision-making. He engaged with government officials, indigenous peoples' organizations, civil society, academics, and visited communities in areas such as the Central Kalahari Game Reserve.

Absence of Constitutional and Legal Recognition

A central point of concern raised by Barume is the absence of constitutional and legal recognition for indigenous peoples in Botswana. He stated, 'While the government has demonstrated openness and a willingness to engage, constitutional and legal recognition of indigenous peoples remains absent.' This lack of recognition, he noted, leads to 'systematic obstacles that undermine their cultural survival and participation in national life.'

The San people, also known as Basarwa (a term some consider derogatory, with the Botswana KHWEDOM Council advocating for 'Bakhwe people' and specific tribal lineages), are reportedly the only traditional communities in Botswana whose customary land rights have not been acknowledged, respected, or protected. Furthermore, a 2005 Constitutional Amendment removed section 14(3)(c) of the Constitution, which had previously offered certain protections to the San.

Discrimination and Land Rights Issues

Barume's observations underscored the deep-seated discrimination experienced by the San. Historically, the San were evicted from their ancestral lands in the Central Kalahari Game Reserve following the discovery of diamonds in the 1980s. While a 2006 court ruling overturned these evictions and a 2011 decision restored their right to access water, only a limited number have been able to return, often without essential resources and services to make their return sustainable.

Indigenous communities also reported feeling 'invisible or voiceless in their own homeland.' The dispute between the San and the government often centers on the government's desire for a modern, unified state versus the San's demand for recognition of their unique identity, land rights, and the ability to sustain their traditional way of life without forced assimilation.

Social and Cultural Impacts

The discrimination extends to social and cultural spheres, particularly affecting younger generations. Barume relayed accounts from parents who described the 'palpable pain' of their children feeling compelled to hide their identity from classmates and teachers. Children reportedly face ridicule in schools for their accents and languages.

The Special Rapporteur emphasized that despite having unique cultures, traditional knowledge, and languages that could enrich Botswana's development, the San are often dismissed. One elder was quoted as saying, 'I just ask the government to restore our dignity. Ninety percent of us cannot provide ourselves with food. Others disrespect us because of that.'

Recommendations and Future Steps

Barume urged the Botswana government to allocate a budget and develop a clear strategy to combat the marginalization of indigenous peoples. He also recommended widespread government educational efforts to address misunderstandings surrounding indigenous traditions and rights. While acknowledging the government's openness, he stressed that recognition of indigenous people must become a policy priority.

The Special Rapporteur's final report on his visit will be presented to the UN Human Rights Council in September 2026, providing a comprehensive review of Botswana's progress and challenges in upholding the rights of Indigenous Peoples.