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