Press for an end to discrimination and marginalization By Gumisai Mutume The San, the indigenous people of the Kalahari Desert in Botswana, won a major victory in December 2006, at the end of the longest and most expensive court proceeding in that country's history.
The High Court ruled that the state had wrongfully evicted them from a reserve four years earlier and that they could return home.
Civil society activists around the world hailed the ruling as a historic precedent for the rights of indigenous people everywhere, especially in Africa, where many governments have been reluctant to recognize the concept of indigenous rights.
The Botswana case stemmed from the San's eviction from the Central Kalahari Game Reserve (CKGR), one of the world's largest reserves, in 2002.
In response to a class action suit filed by the San that same year, the court ruled that the government had acted "unconstitutionally" and "unlawfully." The British colonial government created the reserve, which is 52,800 square kilometres - larger than Switzerland - during the days leading up to Botswana's independence in 1966.
Anthropologists maintained that the San had inhabited the area for at least 40,000 years, but that their numbers were declining at an alarming rate.
The colonial administration deemed them to be "endangered" and established the CKGR as a refuge.
Despite the court settlement, the battle is not over.
The court ruled that the 189 applicants in the case and their children may return to the reserve.
Some activists, such as members of the First Peoples of the Kalahari, contend that the ruling should cover all 50,000 San in the country.
But the government of Botswana maintains that other San who wish to return may do so only if they apply for and obtain permits from the state.
Who is indigenous? The case of the San in Botswana brings to the fore a delicate question in Africa: who is an indigenous person? Some communities claim indigenous status in Africa today on the grounds that their ancestors resisted the influence of the massive waves of migration of Bantu-speaking agro-pastoralists who migrated from western to southern Africa beginning around 1000 BC.
While some were subsumed by those migrations, others maintained their distinct linguistic, cultural and social characteristics, largely as communities of hunters, gatherers and herders.
Most governments that came to power following independence have been reluctant to acknowledge claims to rights, especially political rights, on the basis that a particular community regards itself as indigenous.
After all, government officials argue, all black Africans consider themselves indigenous to the continent.
Nigel Crawhall, director of the Indigenous Peoples of Africa Coordinating Committee (IPACC), says the argument for recognizing indigenous rights does not rest on historical precedence.
Communities arising from the Bantu migrations, he acknowledges, are just as African as everyone else.
"The claims of indigenous peoples need to be seen in the context of their systematic discrimination and marginalization" under contemporary political and economic conditions.
"It was colonialism that brought new economic and political structures that reinforced the power of agricultural peoples over herders and gatherers, and set down the rules of who had access to the state apparatus," Mr.
Crawhall explains.
This meant that during colonial rule, agricultural peoples had easier - if still very limited - access to education, health care and other social services that were almost completely denied to indigenous communities.
When colonialism ended, it was these educated elites that were able to take over the institutions of political and social power.
Bottom of the hierarchy At the bottom of the colonial hierarchy were nomadic hunters and gatherers.
They often withdrew into less hospitable environments, such as deep forests and deserts.
In the worst cases, as in colonial South Africa, recalls Mr.
Crawhall, European settlers tried to virtually exterminate the San.
"They were hunted on horseback, killed with diseases, families were destroyed and children were given to other people as servants," he told Africa Renewal.
Among Africa's many indigenous peoples are the hunter-gatherer forest peoples ("pygmies") of central Africa, nomadic pastoralists such as the Maasai and Samburu in East Africa, the San in Southern Africa and the Amazigh people (Berbers) of North Africa and the Sahel.
Many such groups are struggling with the encroachment of farming into their areas.
Others are threatened by conservation policies intended to protect species of animals and plants, but that forbid local communities to hunt or gather.
Their languages and ways of life are being eroded.
'A legitimate call' The UN estimates that there are about 370 million indigenous people in more than 70 countries around the world.
They are among the most marginalized people in economic, social and cultural terms.
Despite the challenges, the world's indigenous people have scored notable achievements in their efforts to reclaim rights during the last decade, designated by the UN as the International Decade of the World's Indigenous People (1995-2004).
That period saw many changes in Africa, notes Mr.
One of the most profound was "the rise of an organized civil society representing diverse indigenous peoples from one end of the continent to the other." These civil-society groups lobbied the African Commission on Human and People's Rights, a continental body, to recognize that the concept of indigenous peoples is applicable in Africa.
In 2003 the commission adopted a report of the commission's Working Group on Indigenous Populations/Communities, which acknowledged that "certain marginalized groups are discriminated against in particular ways because of their particular culture, mode of production and marginalized position within the state .[a] form of discrimination that other groups within the state do not suffer from." The adoption of the report, in theory, subscribed all 53 member governments of the commission to the aims of promoting indigenous rights.
But in reality, the majority of countries continue to struggle with putting such concepts into practice.
Under pressure from organizations representing indigenous people, some countries have made significant progress, she notes.
Recently, Burundi amended its constitution to guarantee representation in the national assembly to the indigenous Twa people, who live in several countries in Africa's Great Lakes region.
In neighbouring Rwanda, the government is working with the main Twa organization to investigate war crimes perpetrated against them during the 1994 genocide, in which an estimated one third of all Twa in that country were killed.
Elsewhere in Africa, Cameroon recognizes "pygmies" and nomadic pastoralists as indigenous people.
The government agreed to comply with policies to compensate and resettle indigenous people affected by the construction of the Chad-Cameroon oil pipeline, an initiative supported by private investors and the World Bank.
Morocco lifted a ban on the teaching of the Amazigh (Berber) language in schools and has set up a national commission to formulate policies on indigenous language and culture.
Contentious negotiations The Decade of the World's Indigenous People also helped activists focus their attention on the creation of a Permanent Forum on Indigenous Issues at the UN and draft a declaration on the rights of indigenous peoples.
The Permanent Forum, which held its first meeting in 2002, gathers annually at UN headquarters to give a voice to the world's indigenous people at an intergovernmental level.
Representatives of indigenous people and the international community first began working on the declaration on the rights of indigenous people in 1985.
The draft was completed in 1993 and has been under negotiation since then.
On the International Day of the World's Indigenous People in August 2006, then UN Secretary-General Kofi Annan described it as the product of "many years of complex and at times contentious negotiations." The declaration, he said, was "an instrument of historic significance for the advancement of the rights and dignity of the world's indigenous peoples." However the declaration has not yet been adopted by the UN General Assembly.
Several African countries, joined by Australia, New Zealand, Canada and the US, blocked the adoption of the agreement.
Many of the countries opposing the declaration fear that it would give indigenous people the authority to reclaim land and seek compensation for centuries of discrimination.
