A/HRC/33/49/Add.3 smaller, informal water and sanitation services are provided. According to human rights law, the State has the obligation to ensure access to water and sanitation for everyone, without discrimination, wherever he or she lives. This does not mean that everyone has to receive the same type of services. The Special Rapporteur observed, however, that, in reality, informal services tended not to fulfil the normative content of the human rights to water and sanitation. The Government of Botswana should revisit the remote-area dweller settlement policy from the point of view of ensuring equal access to water and sanitation for everyone regardless of where he or she lives. B. People in transition from nomadic life and in resettlements 58. The Special Rapporteur observed inadequate water and sanitation situations both in urban and rural poor areas. However, the lack of access to water and sanitation in settlements where traditionally nomadic communities, including San communities, have settled over the past 25 to 30 years, as well as in their resettlements, was a particularly grave concern. The Special Rapporteur met with some San communities, which comprise an estimated 50,000 to 60,000 people. They are a traditional hunter-gatherer people and many of them have shifted from a nomadic to a semi-settled or settled lifestyle. The population of some of their villages was larger than the 250-people requirement to be entitled to basic services, yet there was no water connection. Part of the reason for that situation was the communities’ desire to maintain their own education system, traditional lifestyle and land uses, therefore, they chose not to be part of the formal government structure. In 2009, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people recommended that the Government incorporate respect for and recognition of traditional systems into the land-board system.18 There does not seem to be great progress in this regard. 59. In the Shaikaware community of Okavango sub-district that the Special Rapporteur visited, a pipeline was connected to the public water point, but people did not know why the Water Utilities Corporation sometimes supplied water through the pipeline and sometimes delivered water by truck to tanks in the schoolyard. Some told the Special Rapporteur that the Community Committee had brought the issue to the attention of the local authorities on several occasions since 2009, as well as to members of Parliament. However, they were told that it would soon be sorted out. Since the community was using the water from the tanks located in the schoolyard, only teachers could call the Corporation to deliver water when the tanks were empty. The provision of water was not systematic and public water tanks were sometimes empty for four to five consecutive days. The public water tanks in the community that the Special Rapporteur visited were empty and most of the members of the community had gone looking for water in a village that was 20 kilometres away. The community was tired of the lack of will on the part of the authorities to provide water to the San community without discrimination even though a pipeline was already connected. 60. The Central Kalahari Game Reserve, created in 1961 to preserve wildlife resources, was also ancestral lands to some San communities. In 1985, the Government decided that the communities’ new, more settled way of living with water boreholes, for example, was no longer compatible with the objective of the Reserve and it decided to relocate the residents off the Reserve. Most of the residents were relocated between 1997 and 2001 and, in 2002, the Government terminated the provision of services inside the Reserve. A group of residents filed an appeal with the High Court to claim their right to continue to live in the Reserve. In 2006, the Court ruled that the eviction was unlawful, but it did not order the 18 16 See A/HRC/15/37/Add.2, para. 88. GE.16-12031

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