Native Title Fine Print

The Botswana High Court ruled in 2006 that the Botswana government's eviction of the Bushmen from the Central Kalahari Game Reserve was 'unlawful and unconstitutional', asserting that the San traditional owners retain the right to live on their ancestral land within the reserve.

The indigenous Bushmen no longer need to apply for permits to enter their own land, and are no longer prohibited from hunting and subsisting in the reserve. The court stated that such bans on hunting were tantamount to genocide for people dependant on hunting for survival.

Bushman spokesman Roy Sesana said outside the court, 'Today is the happiest day for us Bushmen. We have been crying for so long, but today we are crying with happiness. Finally we have been set free. The evictions have been very, very painful for my people. I hope that now we can go home to our land.'

Many people emailed me with the joyous news at the time. However, I say read the fine print. Following this ruling, the government is no longer obliged to provide services to Bushmen in the reserve – this includes health and education. This will probably also include the same state-paid legal expenses that funded this very trial – the most expensive in Botswana’s history. With no state-funded legal support, the Bushmen will now be at the mercy of diamond companies eager to press on with mining exploration in the Kalahari.

No doubt this was the intent all along. Look at any native title win in the world, and you'll find mining exploration following swiftly behind...