Impact of international mechanisms on indigenous rights in Botswana

This article looks at the inter-relationships between the global indigenous movement on the one hand, and the national policies and the changing fortunes of local indigenous organisations on the other. It provides a case study of a court case contesting the removal of San inhabitants of the Central Kalahari Game Reserve (CKGR) in Botswana that went on from 2004 to 2006. The focus is on the transnational aspects of events leading up to, taking place during, and following after the court case in Botswana. The judgement in the court case is analysed to see to what extent it is resonant with the growing body of international customary law concerning indigenous rights. Drawing in the wider context of the court case, it is shown how changes occurred from a broad-based human rights-oriented local-global alliance supporting the case, to the leading role taken by the non-governmental organisation (NGO) Survival International in a campaign targeting an international audience. The choice of a confrontational strategy vis-à-vis the government has met with considerable resentment not only from government circles but also from the liberal section of civil society in Botswana. It is argued that the divisions created between local organisations have had adverse effects for the San, and what was initially perceived as a positive outcome of the court case has not led to an improved situation for the applicants, or for the San in general.