Hoodia Gordonii Cactus Fact Sheet

Wimsa Report on Activities 2002/03

San Rights vis-à-vis the Hoodia Succulent

The South African San Council supported by their legal advisor, Roger Chennells, held several rounds of negotiations with South Africa’s Council for Scientific and Industrial Research (CSIR) after having been informed in 2001 that the CSIR had patented the active ingredient of the Hoodia gordonii succulent as an appetite suppressant and passed the findings of its tests on to the companies Phytopharm in the UK and Pfizer in the USA. The first round of negotiations resulted in the signing of a memorandum of understanding between the CSIR and the South African San Council (acting on behalf of WIMSA) in March 2002. In this memorandum the CSIR acknowledges the San’s prior intellectual property rights to the Hoodia as an appetite suppressant. The second round of negotiations commenced with a workshop on benefit-sharing options and strategies, attended by the South African San Council, representatives of WIMSA, SASI, the Department of Science and Technology and the CSIR, and a few specialists in the field of indigenous traditional knowledge.

 

   


Facilitator Chris Spies listening to input from
Joram |Useb of WIMSA in the Hoodia benefit-sharing
workshop in June 2002.


Participants in the Hoodia
benefit-sharing workshop.

 

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The workshop was followed by a series of meetings between representatives of the San Council and the CSIR which led to draft agreements and eventually to the final version of a benefit-sharing agreement.

“Bushmen squeeze money from a humble cactus”(10) was one of the numerous headlines of media reports that flooded the world after the celebration of the signing of the benefit-sharing agreement between the San and the CSIR at Molopo Lodge in the southern Kalahari, South Africa. The agreement was signed by CSIR President Sibusiso Sibisi and Chairperson of the South African San Council Petrus Vaalbooi. South African Minister of Arts, Culture, Science and Technology Ben Ngubane and WIMSA Chairperson Kxao Moses ‡Oma signed the agreement as witnesses.

The press release issued jointly by the San Council (WIMSA’s South African chapter) and the CSIR explained the terms of the agreement as follows:

”… the CSIR will pay the San eight percent of all milestone payments it receives from its licensee, UK-based Phytopharm plc, as well as six percent of all royalties that the CSIR receives once the drug is commercially available. Milestone payments are subject to agreed technical performance targets of P57 during its clinical development over the next three to four years, and royalties are based on sales which are not set to commence before 2008. This benefit-sharing model ensures that the San will receive equitable benefits if the drug is successfully commercialised, and is based on established international benefit-sharing models for the pharmaceutical industry. Factors such as the size of the global anti-obesity market and the percentage of total market that the potential new drug could capture, are typically factors which determine the translation of the royalty percentage into monetary value.”

The agreement states that the income received will be paid to the San Hoodia Benefit Sharing Trust to be formed by the South African Council, which as WIMSA’s affiliate represents not only the South African San communities but all San communities in the region. It was agreed that the trust should consist of three South African San Council representatives appointed by the council, three representatives of other San stakeholders in the region appointed by WIMSA, a South African professional appointed by the San Council and approved by WIMSA, a representative of WIMSA, a CSIR representative appointed by the CSIR or its nominee, and a non-voting observer appointed by the Department of Science and Technology or its nominee.
 

 
In accordance with the San aspirations as expressed by the WIMSA General Assembly, the agreement stipulates as the trust’s aims and objectives the following, among others:

“... to use income received from the CSIR for the general upliftment, material advancement, development, education and training of the San community; … to support projects and institutions dedicated to advancing research into, and protection of, the traditional knowledge and heritage of the San peoples; ... and to ensure that the benefits paid to the San in accordance with this Trust Deed are shared in accordance with the highest degree of diligence, transparency and equity.”


Ben Ngubane, South Africa’s Minister of Arts, Culture, Science and Technology, eating a piece of Hoodia stem during the benefit-sharing agreement celebrations.


Petrus Vaalbooi, Chairperson of the South African San Council, addressing the guests at the benefit-sharing celebrations.

 

This historic event, being the culmination of two years of tough negotiation between the San assisted by Roger Chennells and the CSIR, captured worldwide attention. Articles appeared in well-known newspapers such as The Mail & Guardian, The New York Times and Süddeutsche Zeitung, and specialist journals, donor magazines, the BBC and the German TV programme ZDF reflected on the achievement. Most shared the San’s enthusiasm and noted that the agreement had set important international precedents.(11). Only some reports were marred by the minor error of referring to the Hoodia succulent as a “cactus”, and by negative remarks concerning, in one reporter’s words, “a critical problem [that] arises with the patenting and privatisation of knowledge”.(12)
   


Kxao Moses ‡Oma speaking at the celebrations.
 

“The international interest that the agreement between the San and the CSIR has aroused has helped the San umbrella body, WIMSA, to raise awareness of the need to protect and control San intellectual property. We hope that commercial concerns will soon follow the CSIR example and stop using images of San in their adverts without our prior consent and without ensuring that we also benefit, financially or otherwise.”

– Kxao Moses ‡Oma, Chairperson of the WIMSA board, in closing his speech titled
“Celebrating the fruits of San traditional knowledge: The Hoodia plant”.

       

FOOTNOTES:
10 G. Thompson, “Bushmen squeeze money from a humble cactus”, in The New York Times, 1 April 2003.
11 With the agreement of WIMSA and the South African San Council, First Peoples Worldwide commissioned David J. Stephenson Jr to undertake a case study that “seeks to shed light on how the private sector and investment communities can impact indigenous peoples – both negatively and positively”. The case study titled “The Patenting of P57 and the Intellectual Property Rights of the San Peoples of Southern Africa “… was undertaken in order to analyze and enrich the understanding of the dynamics behind the research, development, and licensing of an appetite suppressant made from a patented bioactive compound derived from the Hoodia plant …”.
12 Rachel Wynberg, “Comment: Sharing the crumbs with the San”, in The Mail & Guardian – Monitor, 4-10 April 2003, p. 38.

 

   

 

   
         
   
 
Wimsa Report on Activities 2002/03
 

Media and Reasearch Contract

WIMSA developed a “Media and Research Contract (General Purpose) of the San of Southern Africa” to help ensure that the San also benefit from media products especially in the sense that articles, books, photographs, films and TV programmes accurately reflect their reality and they have a say on research projects targeting their communities. This is a standard contract, but one allowing for additions and adjustments agreed on by all parties involved.

Two outstanding examples of fair treatment of San interests are the agreement between WIMSA and the co-producers of the film The Great Dance, and the agreement between WIMSA, the OST, and the San musicians and MELT2000/Peermusic who collaborated to produce Sanscapes, a CD featuring live performances by San musicians. In both cases the producers’ representatives have taken great care to ensure that the agreed share of the income deriving from the product is channelled to WIMSA, the OST and the San musicians immediately. In accordance with the WIMSA General Assembly’s decision in 2001, the income thus far received has been deposited in a media investment account to serve San media interests in future.

All researchers affiliated to San communities in the region have signed the Media and Research Contract apart from two well-known academics, an anthropologist and a linguist lecturing at European universities whose research mainly among Namibian San communities is ongoing. One research undertaking consumed a great deal of the San’s time and energy before the group of academics contributing to a book titled The San and the State saw reason to sign the contract. Originally they informed WIMSA in a letter that they had “decided not to sign the document”, stating as one of their “principal points” the fact that “all of us have already conducted research at a time when the contract has not existed yet”. It was also “unclear” to them “in which way the San at our respective research sites are represented by WIMSA”. The doubts they expressed about WIMSA being a San-owned organisation and about the San wishing, as stated in the contract, “to ensure [by means of this contract] that all San intellectual property … is controlled and protected”, sparked a massive protest from the San bodies. San in key positions in San bodies including the !Xun and Khwe CPA in South Africa, the Teemacane Trust in Botswana, the Khwedam Language Committees and WIMSA, did not hesitate to put their views on the academics’ letter in an exchange of e-mails to one another and in letters they wrote to the group in response.

”I have similar strong feelings towards this letter especially concerning the researchers who have been with the San for quite a long time. Are the researchers, after receiving all the information, assistance and help from the San in the region and their own organisations, trying to betray the San?”

“ … [the contributors to this book] might think that WIMSA is the organisation of the white people but it is the organisation of the San to have a say and to meet those from other groups.”

“Refusal to sign the contract is a disrespect and violation of the San people’s rights.”

“It is true that WIMSA has been discussing media and research contracts in all of its annual general meetings since its inception. The current contract may have been re-designed in 2001 but the idea of such contracts has existed even before WIMSA. ... It is disturbing to note that you refuse to sign the contract because you claim that the San in your research site do not have any affiliation to WIMSA. Unfortunately that is not an acceptable reason to stop justice from taking its course. WIMSA is obliged to represent the interest of the San … .”

“It is not WIMSA’s intention (as you mention ...) but WIMSA’s mandate to protect the San from any kind of exploitation.”


– San organisations in their e-mail exchange regarding and in letters responding to a refusal to sign the contract.

Though painful for all parties involved, this experience with the contributors to The San and the State had the effect of uniting the San across the region, who generally responded by expressing profoundly positive feelings about their own organisation, WIMSA, and their determination to assert their rights to their own intellectual property. In December 2002 the applicable group of academics signed the Media and Research Contract after adding a few comments to it which the WIMSA board accepted.
In response to a request from the WIMSA board and some employees of San organisations, WIMSA legal advisor Roger Chennells drafted an “Employee Research Contract Relating to the San of Southern Africa”, the primary purpose of which is to secure the commitment of all employees of San support organisations “not to utilise any information obtained during the course of his or her employment contract ... for private gain”. Comments on the draft are awaited.

 

Handbook on Heritage and Intellectual Property Rights

A draft practical handbook intended to serve as a tool for training on intellectual property rights for San community members across the region has been compiled by WIMSA legal advisor Roger Chennells. At their last meeting, the members of the Regional San Culture and Education Committee and the WIMSA board discussed the draft handbook and concluded that it covered all the important San heritage rights. It was suggested that lessons learnt from the negotiations on the Hoodia benefit-sharing agreement be included in the final version of the handbook, scheduled for publication by August 2003.

 

Regional Craft Workshops

An informal grouping of NGOs involved in or supporting San craft production throughout southern Africa has gradually evolved into a co-operating network. On behalf of the group, WIMSA applied to the Irish Agency for Personnel Service Overseas (APSO) for the assignment of a short-term specialist to provide support in building the capacity of the group during 2002. Barry O’Loughlin was assigned on a consultancy basis in April 2002 to, as stated in the contract, “support the stakeholder NGOs in becoming a co-operating network with a viable marketing strategy for crafts produced in Southern African San communities”.

An opening workshop was held at Platfontein near Kimberley, Northern Cape, South Africa, in early April 2002. The participants agreed on the following mission statement to guide their endeavours: “To improve the socio-economic status of San people in their communities in Southern Africa through supporting the production and marketing of their art and crafts.” The workshop was process-oriented, and the 16 participants defined common and individual issues on which they felt input was required and exchanged experiences. The stakeholders clearly expressed their desire to work together in areas of common interest, three highlighted areas being fair trade, San branding and quality, and training.

The consultant produced a consultation document titled, “Towards becoming a co-operating network with a viable marketing strategy for crafts produced in Southern African San communities”, for discussion at an implementation workshop in Windhoek at the end of April 2002. The overall conclusion of this document is that the network members should concentrate on building their individual capacities and in parallel the capacity of the group as an entity before undertaking any exportation of products. Another conclusion is that constraints on the availability of essential natural raw materials and difficulties in generating the necessary volumes of quality products have to be overcome to make it possible to serve export markets on an economically viable basis. A framework within which these developments could take place is proposed in the document.
This development framework provides for adopting fair trade practices, establishing a San brand to denote the authenticity of San products, and cultivating synergies between the San development advocacy and support groups on the one hand, and the production, training and marketing entities on the other, specifically in relation to the development and promotion of a San identity in their respective spheres of activity.

The overall conclusions of the document are supported by a joint marketing strategy proposed in the document for adoption as an action plan. This strategy is underpinned by recommended sets of individual and joint actions designed to help the network as a whole and each of its members to realise the concrete recommendations of the document, beginning at the implementation workshop in Windhoek.

A follow-up regional craft workshop was organised jointly by Gantsi Craft and WIMSA at Dqãe Qare, the Kuru game farm in Botswana, in March 2003. The 10 participating new and old members of the NGO network formulated an agenda that accords with the recommendations of Barry O’Loughlin’s consultation document. The following is a summary of the key points of discussion and decision:

  • The principles of fair trade and the benefits of an International Federation of Alternative Trade (IFAT) membership were discussed at length. In view of fair trade becoming more important to European buyers of San products, the participants’ general belief appeared to be that fair trade is important for retail but not for wholesale. They resolved that a questionnaire on San branding should be attached to the minutes of the meeting and the responses collated by the representative of the Nyae Nyae Development Foundation of Namibia (NNDFN).
  • The participants agreed that the San craft product ranges are currently producer-driven but should be market-driven to be successful. In this context it was pointed out that historical traditional San products need to be protected.
  • The participants informed each other about upcoming market opportunities in southern Africa, and Michael Daiber of !Khwa ttu announced the introduction of a training opportunity for San, namely the Entrepreneurial Learnership Course in Arts and Crafts offered to San from Botswana, Namibia and South Africa who fulfil the requirements.
  • The participants were informed about a workshop conducted at the same venue by jewellery designer Mickael Kra, assisted by Annette Braun of the Church Development Service (EED; an association of Protestant Churches in Germany) and San women from Botswana and Namibia in June 2002. In his report titled “The Pearls of the Kalahari”, Mickael states that one challenge of the workshop was “to obtain quality and modernity of their craftsmanship with a view to sell and to answer to the imperatives of the western world’s market”. Participants who had seen the innovative shapes of the jewellery produced in the workshop agreed that Mickael, Annette and the San women undoubtedly achieved this objective.
     
 

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Ostrich eggshell jewellery designed and produced in the workshop conducted by jewellery designer Mickael Kra with San women from Botswana and Namibia.
 

  • Another important issue discussed was what links could be formed between craft production and tourism. It is an indisputable fact that tourists enjoy watching crafts being made. It was resolved that a consultant should conduct an assessment of San tourism and craft marketing if the necessary funds can be raised.
     


The San craft outlet under construction next to the OST office in Gobabis, the municipal centre of the Omaheke Region, Namibia. Karin le Roux of the Rössing Foundation will assist in fitting out the outlet’s interior. This outlet will stock crafts produced by San all over the Omaheke Region.


San crafts for sale in the craft shop at the !Kung community-run Omatako Valley Rest Camp in Tsumkwe District West, Otjozondjupa Region, Namibia. This shop stocks crafts produced by the Omatako Valley !Kung community and other San communities in Tsumkwe West.


San Tourism and Craft Marketing

Should the aforesaid assessment materialise, WIMSA would certainly advise the consultant to visit the OST Craft Development Programme and the craft shop at the community-based Omatako Valley Rest Camp in Tsumkwe West, and to consult the Rössing Foundation about its planned Craft Support Programme in Tsumkwe District.

After consulting a number of communities whose members traditionally produce crafts, the OST decided to establish a craft outlet on its premises in Gobabis, the Omaheke’s municipal centre. This outlet will serve as a central place to which San from all over the Omaheke can bring their crafts and tourists can purchase San crafts. It is planned to utilise the outlet as training facility as well.

Through the regional crafts network the OST established links with Namibia’s Rössing Foundation which resulted in fruitful mutual assistance with the physical structure of the craft outlet.

WIMSA and the Rössing Foundation are working closely together in preparing to launch the Rössing Foundation Craft Support Programme in Tsumkwe West during 2003. This will be an integrated programme combining training and capacity-building of San local producers and community representatives with product development and production systems, display techniques and shop management. The programme is also meant to support the existing craft shop at the Omatako Valley Rest Camp.

The Omatako Valley Rest Camp has been run by the San campsite committee without any help from outside other than an occasional consultation with WIMSA team members about improvements or assistance with material items or spare parts for the solar water pump. WIMSA also advises tourists who contact the office for bookings and information to visit the Omatako Valley Rest Camp.

In 2002 this community-run campsite hosted 350 tourists travelling either as individuals or as groups accompanied by tour guides. It derived a total annual income of N$36 102 from overnight stays, sales of firewood and guided bush walks.

“If we would not have this campsite we would starve!”

– OU JOHANNES N|UAB, one of the longer-standing Omatako Valley Campsite committee members, speaking to Joram |Useb of WIMSA during the latter’s last visit to Tsumkwe West.

 


 

 
     
   
 
Wimsa Report on Activities 2002/03
 

Institutional
Capacity-building

Besides capacity-building measures incorporated as a fundamental component of most WIMSA training activities, its Regional San Education Programme and its negotiations on intellectual property rights, the activities covered in this section of the report either paved the way for institutional capacity-building or enhanced existing capacities in San organisations and communities. In March 2003, for the first time since the organisation’s inception in 1996, WIMSA organised a trip for Khwe of South Africa and Namibia to visit their fellow Khwe in north-western Zambia, with the aim of conducting a preliminary assessment of the situation of the San in that area in terms of land, education, health and social issues. The historic first workshop involving San of Angola, South Africa and Namibia in 2001 was followed by intensive communication between WIMSA and the Lubango-based Young Men’s Christian Association (YMCA) which developed into a service organisation, Organização Cristã de Apoio ao Desenvolvimento Comunitário (OCADEC), catering specifically to San communities. Meetings of the South African San Council, the biannual gatherings of the WIMSA Board of Trustees and the annual WIMSA General Assembly meetings are essential capacity-building mechanisms for the San of southern Africa.
 

Zambian San Communities

Following a decision of the WIMSA board, four Khwe men from Schmidtsdrift in the Northern Cape, South Africa, and four Khwe men from West Caprivi in Namibia visited Khwe communities in Kashesha and Kadewanka in south-western Zambia in March 2003. The fact that there is a Khwe name for the Kashesha area, i.e. Kawonga, implies that the Khwe San have lived there for a long time. The territories traditionally occupied by the San in Kashesha were Mururu, Woca and Dishi.

Of the approximately 200 Khwedam-speaking San in Kashesha and Kadewanka, 123 had recently returned to Angola. Of the remaining 77 community members, 70% are under 20 years of age. The elected community leader, Foroshe Shiwawa, had opted to remain in Zamibia rather than return with the majority of his community to Angola.

The visitors were informed that apart from the few community members employed by Lozi-speaking people as servants, none of the Khwe draw any income. For food the Khwe depend on home-grown garden produce and bush foods – though gathering is prohibited, as is hunting.
Despite primary education being compulsory in Zambia and most of the remaining community members being under 20 years old, not one Khwe child or youth attends school because their parents cannot afford the school fees of N$200 per annum. They are also unable to pay for transport to and treatment at the nearest clinic 60 km from Kashesha.

Besides having no access to school and health services, a major concern for the community, they also lack identity documents.
The Khwe visitors observed that their relatives are totally dominated by Lozi-speaking people who are wealthier, better educated, and who represent the Khwe at local government level. They had the impression, as stated in their report, that “no one listened to our brothers and sisters”.
The group that visited the Kashesha community on WIMSA’s behalf recommended human rights and capacity-building training as essential for empowering the community members to voice their concerns and ask for government support in the form of a school, clinic and borehole.


Members of the Khwedam-speaking San community
living in Kashesha in south-western Zambia.
 

 


Kashesha Khwe community leader Foroshe Shiwawa (second from left, second row,
as indicated) and WIMSA board member Zekka Shiwarra (next to Foroshe) with
a group of community members.
 

Angolan San Communities

In early 2000 pioneering efforts on behalf of Angolan San were initiated by the YMCA Angola with assistance from Trócaire Angola. Following the initial efforts to establish contact with Angolan San, Trócaire introduced the YMCA and some Angolan San representatives to the regional San umbrella body, WIMSA. In January 2002 a WIMSA workshop in Windhoek brought together representatives of !Xun and Khwe San communities in Angola, Namibia and South Africa, this being the first contact between these broader San communities since they were torn apart as from the mid 1970s.


Angolan San leader Armondo Muleka addressing the guests
at OCADEC’s official inauguration in Lubango in January 2003.

Inspired by the information on WIMSA’s work, workshop participants Benedito Quessongo and Daniel Gaspar, the YMCA Huila Province chapter representatives, took the initiative of establishing a service organisation catering specifically to the San in Angola. The Organização Cristã de Apoio ao Desenvolvimento Comunitário13 (OCADEC) was founded in August 2002 and formally inaugurated in January 2003 in Lubango in Angola’s Huila Province. Its primary purpose is to locate and help San in Angola to secure their rights under Angolan law and develop themselves. OCADEC will work in partnership with national NGOs and UN agencies, Angolan churches, government organs, local and traditional authorities and private sector entities, and will continue working in close co-operation with Trócaire Angola and WIMSA.

In November 2002 the first Angolan San along with OCADEC representatives and an official of the Comité Provincila dos Direitos Humanos de Huíla, a provincial human rights organisation, participated in the WIMSA General Assembly. They reiterated their previous reports on the desperate situation of the San communities in south-western Angola whom they were representing. The communities are said to be facing a humanitarian crisis as they are living in severe poverty and are starving; they have no access even to local health and educational facilities; and they face the problems of fierce land-grabbing and denial of their distinct identity and culture. A number of Angolan San communities live with other ethnic groups in master-servant relationships (the San are the ‘servants’), thus the levels of dependency and dominance are high. It is assumed that other San groups, like millions of other Angolan citizens, have been displaced by the 25-year civil war that ended in April 2002.
The WIMSA General Assembly decided that an assessment should be carried out to establish the needs of San communities in Angola with a view to facilitating their self-organisation for the purpose of engaging with Angolan government organs and local, national, regional and international NGOs in establishing Angolan San community development projects and building their capacity.

Following the aforesaid decision, OCADEC, Trócaire Angola, Trócaire Ireland and WIMSA jointly worked out the terms of reference for the envisaged assessment. A team consisting of Angolan San representatives, an Angolan anthropologist, OCADEC development workers and an experienced WIMSA consultant will conduct an assessment of the situation of the San communities in Namibe, Huíla and Cunene Provinces in south-western Angola in June and July 2003.
 

 


A San child of the Mupa community of Huíla in his hut.


A grandmother and grandchild of the San community of Sendi in Huíla Province.


A child of the San community of Sendi.

   

San Councils

One long-term WIMSA aim is to put in place national San councils and eventually a Regional San
Council to oversee San development. To date only the South African San Council has been established.

“... to advance the rights of South African San communities on local, national and regional levels … and to co-ordinate development plans, programmes and awareness campaigns with San communities, NGOs, researchers and government departments.”

– The main objectives of the South African San
Council as stated in its constitution.

The South African San Council acts as that country’s chapter of WIMSA. The councillors have set up committees on development, heritage, finance and media. In the period under review the South African San Council focused mainly on intellectual property rights. A number of meetings were held with representatives of the CSIR and other stakeholders in Hoodia-related issues. The council travelled twice acoss the country to the Didima Rock Art Centre in the Drakensberg Mountains in KwaZulu/Natal to negotiate on San involvement in that project.

Table 5: South African San Council Office-bearers

The council received training organised by the South African San Institute (SASI) in the areas of rights advocacy and constitutional rights. The training on the latter particularly enabled the council to negotiate language rights with relevant stakeholders, and to make the various “Khoisan”14 bodies aware that the San are able to speak for themselves but would like to co-operate with Khoi peoples in South Africa.

The majority of the South African San Council office-bearers participated in the WIMSA General Assembly in November 2002. Their report to the General Assembly highlighted the aforesaid activities and the council’s request for its own office.

“We believe once there are San Councils throughout the whole southern Africa, the San of southern Africa could then become one”.

– Concluding remark in the report of the South African San Council
to the WIMSA General Assembly in November 2002.

The WIMSA General Assembly in November 2002 agreed that WIMSA should assist the San communities in Namibia and Botswana in appointing their national San councils as soon as possible. Since then the WIMSA team has consulted stakeholders to draw up terms of reference for the councillors that will serve as a guideline for the San communities in appointing councillors later in 2003.
 

 

FOOTNOTES:
13 Meaning ‘Christian Organisation Supporting Community Development’.
14 The San have stressed time and again that they would like this term replaced with the disparate terms “Khoi” and “San” so as to distinguish between these two very distinct and different cultures.


 

 
     
   
 
Wimsa Report on Activities 2002/03

WIMSA General Assembly

The WIMSA General Assembly (GA) convened at the Harmony Conference Centre on the outskirts of Windhoek in November 2002 for its annual meeting. The participants were representatives of WIMSA member and support organisations and the South African San Council. A total of 81 San delegates (one third of them women) and 14 support staff participated. The 2002 GA was facilitated by a South African conflict-transformation practitioner familiar with South African San communities.

 

In her address to the GA Namibia’s Minister of Women Affairs and Child Welfare, Netumbo Nandi-Ndaitwah, expressed her opinion that the high mobility of some members of San communities makes it difficult to build infrastructure (schools, clinics, etc.) for the communities and to distribute the state old-age pension grants to them. Further she stated the following:


The Namibian Minister of Women Affairs and
Child Welfare, Netumbo Nandi-Ndaitwah,
addressing the WIMSA General Assembly
in Windhoek in November 2002.

“I do not say programmes have not addressed the specific needs of the San people or that the situation is hopeless – it is far from that. The point I want to make is that there is a need for co-ordinated activities by all those involved: the government and the private sector as well as the larger civil society.”

Activity co-ordination is among the important goals of the GA delegates each year, other goals being to exchange information and views on significant issues and to reach consensus on WIMSA’s activities in future. In the 2002 GA the South African San Council, OCADEC, WIMSA Botswana and the regional WIMSA presented activity reports to familiarise the delegates with achievements and setbacks experienced by San bodies during that year.

“WIMSA means solidarity, justice and peace.”

“WIMSA is like a shield that protects the San from difficulties, cultural exploitation and human rights violations.”

“WIMSA is like glue that holds everything together.”

“WIMSA is like a grader which opens new roads for opportunities.”

“WIMSA is like a fox that moves across borders in search for food, willing to take risks, nurturing its young ones, making careful inspections of the den for safety and always bringing warnings of danger.”

– A few of the numerous analogies drawn by General Assembly SAN delegates in response to the facilitator’s question
as to how they view their organisation.

Some of the San delegates, guided by another who had only recently been employed by a WIMSA support organisation and had never attended a WIMSA GA, did not share the positive views most San delegates expressed about WIMSA as exemplified by the quotes above. At times, particularly when the !Khwa ttu ownership issue and San leadership were discussed, this ‘guidance’ from the new delegate triggered temporary division among other San delegates. Joram |Useb of the regional WIMSA and Mathambo Ngakaeaja of WIMSA Botswana set the record straight on the responsibilities of the WIMSA Board of Trustees and GA. WIMSA legal advisor Roger Chennells and Co-ordinator Axel Thoma accordingly informed the few San delegates who had not yet been involved in the process of developing plans for !Khwa ttu, and reminded others of their ongoing role in this process.

Working groups – some working in Afrikaans, others in Setswana or Portuguese – discussed topics including, among others:

  • San leadership capacity;
  • heritage, culture and intellectual property; and
  • education and oral history.


San delegates from South Africa and Botswana at the General Assembly.


San delegates from Angola at the General Assembly.


On the first topic, i.e. leadership capacity, concerns voiced were that some San communities have a collective low self-esteem that creates and perpetuates their dependency and leads them to fail in their projects, and that operational structures in some San organisations are ineffective and the concurrent lack of responsibility on the part of some San leaders will weaken projects. Regarding the boards of San organisations, which, in a San delegate’s words, “as the head, have to be strong”, it was recommended that board members should be trained on their roles and responsibilities, rights and functions, and the constitution and activities of the organisation they head. A further recommendation was that human resource assessments be conducted to ensure “that the right people are in the right positions”. It was agreed that WIMSA should assist the San communities in Namibia and Botswana in appointing national San councils as soon as possible.

In the deliberations on the second topic, i.e. heritage, culture and intellectual property, the GA was informed of the latest developments with the Hoodia negotiations, the Didima Rock Art Centre, !Khwa ttu San Education and Culture Centre and the “Media and Research Contract of the San of Southern Africa”, and took decisions on these and other matters.


General Assembly working groups in session.

The San delegates agreed that the WIMSA board should decide on a process, guidelines and criteria to enable decision-making on the division of benefits accruing from the Hoodia. Appropriate structures in each country should be in place by 2004 to facilitate a fair and sustainable utilisation of the benefits. The GA reconfirmed the South African San Council’s mandate to act on behalf of WIMSA in the Hoodia negotiations. The GA also formally accepted the KwaZulu/Natal provincial government’s apology for its failure to consult with the San when it started planning for the Didima Rock Art Centre. The GA committed WIMSA to co-operating with the KZN provincial government to help ensure the project’s success, to promote training and education on rock art for the San, and to protect rock art wherever it exists in southern Africa. The GA decided that recent developments at !Khwa ttu should be discussed with the WIMSA board and Irene Staehelin who funded the purchase of the farm on which !Khwa ttu is being built, and who assists projects there with expertise and financially. The GA referred to the WIMSA board for a decision the issue of the initial refusal of the contributors to the book titled The San and the State to sign the Media and Research Contract.
 


WIMSA Botswana Co-ordinator Mathambo Ngakaeaja summarising the outcomes of the GA working group discussions.


The WIMSA Co-ordinators in relaxed consultation at the GA.


The discussion on the third topic, i.e. education and oral history, began with a report on the WIMSA Regional San Education Programme and Regional Oral Testimony Collection Project. The highlight of Willemien le Roux’s presentation was Jesi Segole’s introduction of the first product of the latter project to the GA. This product, a book titled The Khwe of the Okavango Pandandle: The Past Life, or in Khwedam, ||Xom Kyakyare Khwe: ‡Am Kuri Kx’ûîâ, met with enormous interest from all the delegates.15 A suggestion in the GA to combine the Regional San Education and Language Committee and the Regional San Heritage and Culture Committee was endorsed, and a new Regional San Education and Culture Committee was appointed.

The GA spent considerable time discussing the situation of the San in Angola. It was agreed that exceptional circumstances call for exceptional solutions, and thus that OCADEC, the Angolan San support organisation, should have the status of a WIMSA member organisation until such time as San organisations are established in Angola. It was also decided that Angolan representatives should be elected onto the WIMSA board. The GA supported the following suggestions:
 


Namibian Ombudswoman Bience Gawanas-Minney assuring the San of her office’s support.


Roy Sesana from Botswana and Andries Steenkamp from South Africa enjoy dancing during the social evening.

  • WIMSA should facilitate a general needs assessment and identification of land for Angolan San in Angola.
  • Later on, WIMSA should facilitate a general meeting of Angolan San leaders to enable them to determine solutions to their problems.
  • WIMSA should facilitate capacity-building and empowerment of Angolan San leaders so that they can protect and defend the common well-being of the San of Angola and enable them to manage their own resources.
  • WIMSA should support and advise on efforts to improve conditions generally for San leaders in order to help prevent political exploitation and corruption, e.g. where San land is allocated to other groups for personal gain.
  • In the long run, WIMSA should facilitate assistance to establish San-owned community-based organisations and eventually a national San council in Angola.

 


Jan |Ace and David John from Namibia in discussion at lunch during the GA.


Daniel Gaspar from Angola (left) thanking the WIMSA team for convening the GA, with Joram |Useb accepting the vote of thanks on the team’s behalf.

 


Meryl-Joy Wildschut of SASI taking the minutes at the GA.

With regard to the structure of future WIMSA GAs, it was decided that each country, i.e. Angola, Botswana, Namibia and South Africa, will convene their own annual GAs and appoint 10 delegates to represent them at the regional WIMSA GA. The rationale for this decision is two-fold: national GAs will increase the participation of local WIMSA member organisations and also reduce the cost of the regional GA, which could be shorter than the hitherto week-long GAs if preceded by national GAs.

In the open session of the 2002 GA the Namibian Ombudswoman, Bience Gawanas-Minney, and representatives of UNICEF, TUCSIN, the Rössing Foundation, the LAC and Norwegian Church Aid (NCA) addressed the delegates. The Ombudswoman stressed her commitment to addressing the plight of the San and ended her speech with this request to their representatives: “Nobody can do it for you; you, the San, must do it for yourselves. Take the power!”

The delegates divided into country groups to elect the new WIMSA Board of Trustees. A board composed of three full and three alternate members from each of the four countries was elected (see Tables 6 and 7 on the next page).


The participants in the 2002 General Assembly
convened at the Harmony Centre near Windhoek.
 


FOOTNOTES:
15 WIMSA apologises to Jesi that we are unable to insert a photograph of the event as the film was under-exposed.
 


 

     
   
 
Wimsa Report on Activities 2002/03

WIMSA Board Meetings


The first of the biannual meetings of the WIMSA Board of Trustees was held in D’Kar, Botswana, in June 2002. Board members of WIMSA Botswana and First People of the Kalahari (FPK) also participated as their combined board meeting was to follow this regional WIMSA board meeting. This meeting was also attended by San community leaders, thus a total of 28 San were present.


Incoming Chairperson of the board
Kxao Moses ‡Oma addressing the 2002
GA which elected him to the post.

Joram |Useb, Counterpart to the Regional WIMSA Co-ordinator, opened the meeting with a report on WIMSA activities, focusing on the intensive communication between Trócaire Angola, the YMCA Angola and the regional WIMSA office that flowed from the workshop WIMSA oganised for San from Angola, Namibia and South Africa in Windhoek in early 2002.

WIMSA Botswana Co-ordinator Mathambo Ngakaeaja reported on the latest developments in the Central Kalahari Game Reserve (CKGR), and the members of all three boards reconfirmed the CKGR Negotiating Team’s mandate to continue negotiating.

Elfriede Gaeses, a Hai||om community worker in Namibia and an advisor to the African Indigenous Women’s Organisation (AIWO), provided background information on this organisation established in 1998 with the main aims of promoting women’s rights in Africa and empowering African women to represent themselves at all levels. AIWO members appointed Elfriede to the post of AIWO Advisor for Southern Africa in 2002. The organisation has since asked Elfriede to organise a conference for indigenous women from across southern Africa. As WIMSA is a San-owned organisation serving San only, to be able to fulfil this task Elfriede will require assistance from the Indigenous Peoples of Africa Co-ordinating Committee (IPACC). The board mandated Elfriede along with WIMSA board member Victoria Geingos and FPK board member Qose Xuikuri to organise a pre-plenary conference for San women specifically.

Table 6: Members of the 2002/03 WIMSA Board of Trustees

Table 7: Alternate Members of the 2002/03 WIMSA Board of Trustees

The first WIMSA board meeting in 2002 closed with a long discussion on San intellectual property rights linked to the the Hoodia gordonii and the Didima Rock Art Centre.
In its meeting convened during the November 2002 GA the newly elected board reached only one definite decision, i.e. to mandate the WIMSA team to continue the process of assisting the Angolan San.
As follow-up on matters was needed, another board meeting was called in December 2002. In view of the temporary discord that erupted during the GA, the members thought it appropriate to discuss the meaning of ‘empowerment’. They concurred that ‘empowerment’ goes hand in hand with ‘responsibility’ and ‘accountability’, and that people who do not follow rules and regulations as stipulated in the constitutions and policies governing them are not truly ‘empowered’. It was also emphasised in this meeting that San development workers should always put their skills to use in a positive way, and that one should take into account that a highly educated person may not necessarily use her/his knowledge wisely.
The draft WIMSA work plan for 2003 was discussed in this follow-up meeting and approved with the addition of a visit by Khwe-speaking San to communities in Zambia in March.
In the same meeting intellectual property rights were discussed again at length. The board resolved that the San should accept the invitation to participate in the planning of the new rock art exhibition at the Iziko Museums in South Africa. With regard to the Hoodia, negotiation options for the utilisation of the milestone payments and royalties were discussed and suggestions were made on what organisations should be represented by the envisaged San Hoodia Trust. The board was aware of the importance of not underestimating the difficulties involved in deciding how the payments and royalties will be divided and ensuring that the money is spent as agreed. In order to explore what role WIMSA should play prior to the official opening of the Didima Rock Art Centre, it was resolved that a delegation composed of both board and WIMSA team members should join the South African San Council in the next workshop with the centre representatives.

 


From left: WIMSA trainee Tommy Busakhwe and board members Victoria Geingos and David Naude in the first board meeting in the reporting period, held at D’Kar, Botswana, in June 2002.


Board members (from left) Awelina Chifako, Xhwaa Qubi, a guest from South Africa and Zeka Shiwarra in the follow-up board meeting held in Windhoek in December 2002.


From left: WIMSA legal advisor Roger Chennells, WIMSA Botswana Co-ordinator Mathambo Ngakaeaja and other board members in the board’s follow-up meeting in Windhoek.


WIMSA board Vice-Chairperson Andries Steenkamp and Treasurer Victoria Geingos in the follow-up meeting.

   
It was decided that if the WIMSA board was satisfied with the contracts as amended and signed by the contributors to the book The San and the State who had initially refused to sign the “Media and Research Contract of the San of Southern Africa”, the board Chairperson would also sign. There was a discussion on reports that some San community leaders as a rule do not insist on the contract being signed, and that some academics had requested a separate research contract. The board agreed that the contract should remain a combined ‘general purpose’ one, but that further training should be provided to San community leaders to foster their understanding of the importance of the contract and its power if it is strengthened by San working together to get it signed.

“We have come a long way in five years – from no control to the situation today when most people are happy to sign the contract. But the contract by itself is not enough. San communities and leadership need training on heritage and culture.”

– WIMSA board member commenting on the board’s discussion on the
“Media and Research Contract of the San of Southern Africa”.

Following a recommendation that staff of San organisations and their support organisations should sign an employee research contract, the board requested the WIMSA team to see to the drafting of such. The team acted immediately and now awaits comment on the “Draft Employee Research Contract Relating to the San of Southern Africa” drawn up by WIMSA legal advisor Roger Chennells.

The paralegal programme that WIMSA is planning to set up in close co-operation with Namibia’s Legal Assistance Centre (LAC) was also discussed. The board views this programme as a significant step towards halting violations of San human rights and also as a promising mechanism for San to use to acquire identification documents and information about laws affecting their daily life. The board discussed the questions of what criteria should apply in selecting the San men and women to receive paralegal training, what funds will be needed and where paralegal offices should be set up.

The final discussion in this board meeting had to do with the need for a Regional Tourism Officer to take responsibility for advising and facilitating training for the participants in all San community-based tourism endeavours, as well as for marketing these endeavours. As requested the WIMSA team plans to draw up terms of reference for the post, in close co-operation with !Khwa ttu Co-ordinator Michael Daiber, and set about raising funds for it and identifying a suitable person to fill it.

The board members, the WIMSA team and WIMSA legal advisor Roger Chennels all expressed great satisfaction that this meeting had accomplished so much, and it was suggested that this was made possible by the committed and effective manner in which all the participants had conducted themselves.


 


 

   
   
 
Wimsa Report on Activities 2002/03

Activities Addressing
HIV/AIDS

Botswana, Namibia, South Africa Lesotho and Zimbabwe have the highest HIV prevalence rates in southern Africa. In the first three countries the rate among women aged 15-24 is twice as high as the rate among men in the same age group. Statistics show that since 1995 the number of orphans in these countries has increased each year due to AIDS, and it is estimated that well over 75% of all orphans in Botswana, Namibia and South Africa will have been orphaned due to AIDS by the year 2010. Life expectancy has fallen considerably in these countries, e.g. in Namibia from 58,8 years in 1995 to 43,2 years in 2001.

For years already WIMSA has taken a holistic approach to tackling HIV/AIDS in that the issue is addressed in all WIMSA programmes and activities wherever possible. Aspects of the issue covered include breaking the silence on HIV/AIDS and reducing stigmatisation, prevention measures, voluntary testing, medical treatment, caring for San infected with and affected by HIV/AIDS, and the social and economic impacts of the pandemic on WIMSA’s own capacity and that of its member organisations. In the period under review these and other HIV/AIDS-related issues were discussed on an individual level with WIMSA trainees and as part of their on-the-job training course at WIMSA’s office, as well as in the Friday afternoon sessions at the office with the San public relations students, the weekly WIMSA management meetings, the board meetings, the General Assembly, and other gatherings in which it was appropriate to take the issues up.

WIMSA team members participated in a number of workshops on HIV/AIDS during this reporting period. Among the most informative and efficient of these was the series of workshops organised by the LAC’s AIDS Law Unit, focusing on legal problems and solutions for people living with HIV/AIDS, the drafting of wills, access to medication, and legal issues associated with HIV testing and confidentiality. The participants were mainly NGO representatives, and all shared the concern that the majority of HIV-infected Namibians do not have access to anti-retroviral therapy which substantially prolongs life and improves the quality of life of people living with HIV – though the efforts of the Minister of Health and Social Services to provide for this access are recognised and appreciated in Namibia’s NGO sector. It was noted that anti-retroviral drugs such as Nevirapine which considerably reduce mother-to-child transmission of HIV were available at only two state hospitals in Namibia at the time. The participants were informed that AIDS activists in Namibia have formed the Treatment Access Forum (TAF) which aims to make access to affordable treatments a reality for the ±240 000 Namibians16 living with HIV/AIDS. It is also planned to establish a pan-African ‘access to treatment movement’.

The Bernard van Leer Foundation invited WIMSA’s Joram |Useb to attend an “International Partners Consultation on Children and HIV/AIDS” in Durban, South Africa, in October 2002, the aims of which were as follows:

“... to share information and lessons learned from community-based intervention programmes that address the situation of children affected by HIV/AIDS; to gather information on a number of pertinent topics related to the theme of Children and HIV/AIDS that will form the basis of a broad-based and multi-year Foundation Initiative …; to make recommendations towards policy changes at different levels that are required to address the situation of children affected by HIV/AIDS with a particular focus on the young child; and to share information on other HIV/AIDS initiatives and look at ways to build solidarity to promote children’s rights and to identify ways that Bernard van Leer Foundation can support this.”(17)

Joram reported to the participants on, among other things, community-based projects among San communities in the Omaheke Region.
In 2002 WIMSA submitted a project proposal to Norwegian Church Aid (NCA) for “A Community-based HIV/AIDS Awareness Campaign Targeting San in the Omaheke Region, Namibia”. The main activities under this campaign being implemented by the OST over a three-year period are described in the proposal as follows:

  • Community awareness-raising through workshops and meetings
  • Training for selected community facilitators
  • A review of local traditional and modern health-care systems
  • Discussions on the gender perspective with a range of stakeholders
  • Production of information and educational materials
  • Human rights awareness-raising through workshop and meetings
  • Condom dispersal through various community outlets

Again the approach taken is holistic, as this extract from the OST project progress report to WIMSA and the donor implies:

“This project goes beyond simple awareness-raising and is an attempt to integrate a range of approaches to HIV/AIDS prevention, such as the development of local community-based ‘shops’ where San people can access healthy food as well as HIV/AIDS and healthy living advice and condoms.”(18)

Such a shop is currently under construction at the Sonneblom/Donkerbos San farm project in the Omaheke.
Since the launch of the HIV/AIDS campaign in September 2002 an OST HIV Co-ordinator has been appointed to co-ordinate it. Also, according to the OST report:

“... extensive networking has been undertaken in order to raise awareness of the programme among local NGOs, government ministries, the Regional Council and community representatives ... [and a wide range of literature, mainly training manuals, has been reviewed].”(19)

A commercial farm, communal farming areas and a number of San communities in the Omaheke Region were visited to involve the community members in determining criteria for the selection of San HIV community facilitators and nominating them. The OST HIV Co-ordinator has since identified a number of organisations in the Omaheke and other parts of Namibia which could and should co-operate with the OST to meet the training needs of the community facilitators. Regarding this training, the OST informed WIMSA and NCA as follows:

“The Oral Testimony History [San] Interviewer has been conducting interviews about health care and HIV, as a component of the [WIMSA] Oral History Project. This will be incorporated into the training of facilitators and with medical staff in clinics in the Region. Some resistance is being encountered among those interviewed and employers, as there is a perception that the information given will cause the person to lose their job, or will be used to report other ethnic groups. However, with education about the purpose of this project, many others are willing to share their stories about health and care for the sick.”(20)

Future activities under this project will focus on: (1) raising awareness of the project among clinic nurses, school teachers and police officers in the Omaheke; (2) addressing the situation of Omaheke San farm labourers; (3) constructing more San community shops in the region; and (4) increasing the capacity of school and youth AIDS Awareness Clubs in the region.

San Human Rights

Peace in Angola has stabilised the situation of the Namibian San across the border in West Caprivi, and that of the San in Tsumkwe District West who seemingly no longer face the threat of thousands of refugees (mainly Angolan) being relocated to their area. But several other major San human rights issues have yet to be resolved. An ongoing obstacle to securing San human rights in Namibia is the government’s continued denial of offical recognition for the three (out of five) San traditional authorities still not recognised. The situation of the G|ui and G||ana who were relocated from the Central Kalahari Game Reserve (CKGR) in Botswana has not improved, and San in Botswana’s Central District now face an imminent threat of losing rights to communal land which they have occupied for centuries. The little that is known about the situation of the San in Angola is extremely disturbing: the majority of them are said to have no work prospects and no access to education and basic services, and on the whole their communities are starving, and mortality among them is ever-increasing due to hunger and untreated illnesses such as TB, typhoid fever and malaria. WIMSA’s planned assessment of the situation of the Angolan San will reveal the extent of their reportedly desolate circumstances and hopefully point to practical solutions to ease their plight.

San Traditional Authorities

The Traditional Authority (TA) of the Khwe of West Caprivi, the Ju|’hoansi TA of Omaheke North and the !Xõó TA of Omaheke South have repeatedly expressed their grave concern that if government continues to deny them official recognition, they will remain excluded from the land boards in charge of allocating communal land to community members. The San hold the view that the denial of recognition is weakening their position and strengthening the ongoing domination of their people by other ethnic groups, which perpetuates San marginalisation in local political affairs.

In the reporting period the Windhoek-based Legal Assistance Centre (LAC) continued assisting the Khwe, Ju|’hoansi and !Xõó TAs in their efforts to secure government’s recognition of them and thus membership of the Council of Traditional Chiefs and the relevant land boards. In 2002 the LAC wrote to the Minister of Regional and Local Government and Housing on behalf of the three TAs to inform him, inter alia, that the TAs do not accept the reasons given in the Minister’s letter to them dated 18 July 2001 for refusing to recognise themeir recognition in letters sent to them by the Minister on 18 July 2001. regarding the Ju|’hoansi and !Xõó TAs, but on the recognition of the Khwe TA the Minister responded as follows in his letter to the LAC dated 14 January 2003:

“... the Council of Traditional Leaders during its 5th Annual Meeting held between 2-6 December 2002 has mandated its High Level Investigating Committee to re-investigate and finalise the recognition claim of the Khoe [sic] Community before end of April 2003.”

Lawyer Norman Tjombe of the LAC is planning, in consultation with Windhoek advocate Andrew Corbett, to make representations to the Council of Traditional Leaders on the Khwe TA recognition, and it is hoped that the same action can be taken on behalf of the Ju|’hoansi and !Xõó TAs.

“We have not asked for any specific piece of land, but we are Namibians and we want to be recognised. Why does the government want me to resort under the leadership of Bobo [Ju|’hoan Chief Tsamkxao ‡Oma of Nyae Nyae]? I need an explanation from these officials.”

– OMAHEKE JU|’HOAN CHIEF FREDERIK LANGMAN
as quoted by reporter Chrispin Inambao
in The Namibian on 20 September 2001, p. 3.

 

Repatriation of Khwe Refugees

Approximately 2 500 Khwe fled to Botswana in 1999 and 2000 after secessionist troubles in the Caprivi Region and their subsequent harassment by members of Namibia’s Special Field Force and Namibian Defence Force. In April 2002 the Governments of Botswana and Namibia and the United Nations High Commissioner for Refugees (UNHCR) signed a tripartite agreement that paved the way for the repatriation of hundreds of Namibian refugees in Botswana, the majority being Khwe. The signing of the agreement was followed by a visit of Khwe representatives to the Caprivi to assess whether the security situation now permitted their people’s return to their home villages in West Caprivi. Under UNHCR supervision three groups of about 1 000 Khwe refugees in total were repatriated home from the Dukwe Refugee Camp near Francistown in Botswana during 2002. A considerable number of these returnees are currently trying to cope with a lack of water, food, shelter and access to health services.

 

Refugee Relocation to Tsumkwe West – Plan Abandoned?

In early 2002 Namibia’s Minister of Home Affairs was determined to relocate approximately 21 000 refugees (chiefly Angolan) from the Osire Refugee Camp (70km south of the town of Otjiwarongo in northern Namibia) to a site in the M’kata area of Tsumkwe District West inhabited by about 4 500 !Kung San. The Minister’s plan met with fierce opposition from donors, diplomats and especially the !Kung communities who feared being dominated by the newcomers who would vastly outnumber them and deplete their water resources, firewood and game, and whose presence in such vast numbers would severely hamper the land-use plans of their long-awaited N‡a Jaqna Conservancy.

These concerns were voiced during two rounds of extensive community consultation and human rights education facilitated by WIMSA consultant Richard Pakleppa. Joram |Useb of WIMSA conveyed these concerns to the 19th Session of the United Nations Working Group on Indigenous Populations in Geneva, Switzerland, in July 2001. In October 2001 the !Kung and Ju|’hoansi Traditional Authorities of Tsumkwe Districts West and East respectively aired their concerns in meetings with the Namibian Ombudswoman and Prime Minister. The then Prime Minister, Hage Geingob, told the San delegates that a final decision on the relocation had not yet been reached, and reassured them with the promise that in future he would visit their communities to consult with them personally.

It is assumed that the lobbying undertaken by the San and their supporting parties, and the rapid progress made towards lasting peace in Angola after the killing of UNITA leader Jonas Savimbi in early 2002, contributed to the Namibian Government either freezing or abandoning its plan to set up a refugee camp in M’kata. The government has yet to inform the San leaders of Tsumkwe West as to what has become of the plan.

The UNHCR Representative in Namibia convened a meeting with donors in Windhoek in March 2003 to discuss, among other things, the situation of the refugees residing in the above-mentioned Osire camp. The donors were informed that Angolan refugees at the camp consulted at the end of 2002 had expressed a strong desire to return to their home country: “A survey was taken amongst the refugees in February 2003, which showed that of the 15 667 refugees questioned at Osire camp, 96% wanted to return to their country, 80% at the earliest possible opportunity”.21 However, “[they] had access to food, clinics and schools [and] were unlikely to sacrifice this to return to their country if similar infrastructure was not available”.22 The repatriation will commence in June 2003.
To WIMSA’s knowledge there are no San at the Osire camp.

The San of the Central Kalahari
Game Reserve (CKGR)


Negotiating Team member Roy Sesana at the
site of what once was his homestead in the
Molapo area of the CKGR in 2002.

The CKGR Negotiating Team (NT), consisting of representatives of the CKGR residents, the First People of the Kalahari (FPK), WIMSA Botswana, Ditshwanelo (Botswana Centre for Human Rights) and the Botswana Council of Churches has continued its action against the relocation of CKGR San and Bakgalagadi communities to sites outside the CKGR, their ancestral land.

 


A lawyer addressing CKGR residents gathered at Kaudwane, a resettlement area outside the CKGR.


CKGR residents with their lawyer commissioning affidavits at New Xade, a resettlement area outside the CKGR.

“On 10 April 2002, the residents of the CKGR brought an application to the Lobatse High Court. They asked the court to declare that the government’s decision to terminate the basic and essential services to the residents of the CKGR was wrong. The government had terminated the delivery of these on 31 January 2002. The application also asked to have the court declare that those who had been effectively forced to move due to the termination of services, should be to returned to the CKGR.”23

“On 19 April 2002, Judge Dibotelo dismissed the application filed by the residents. He also instructed that the applicants pay the costs incurred by the State in challenging the application. He however directed the applicants may begin new proceedings, if they should wish do so. The Residents are appealing this decision. They are determined to remain on their ancestral land. There are a few residents who have managed to remain in the Reserve, despite government action to get them to leave. The situation of these people is critical, following the decision of the Botswana government to terminate the provision of water, food and health services to them. They are forced to rely on limited natural water resources. Recent attempts to provide water and food to them were prevented by the government.”24

“ The appeal, brought by Mr Roy Sesana and 247 other residents of the CKGR, against the decision of Judge Dibotelo of 19 April 2002, was taken to the Court of Appeal on Thursday 11 July 2002.”25

“The Court of Appeal Judges … suggested to both the lawyers representing the residents and the Attorney General, that they consider agreeing to an order that the application of Mr Sesana and the others be urgently referred back to the High Court, for witnesses to give verbal evidence. The Court of Appeal commented that such an order would allow the case to begin without it becoming delayed by technical issues. … The lawyers of both parties agreed to the proposal of the Court of Appeal. However, the residents of the CKGR informed the Court that it is expensive for them to travel to and stay in Lobatse. They said that they have greater access to the High Court if it sat for a special session in Gantsi. Judge President Tebbutt indicated that he would be prepared to order a special sitting of the High Court in Gantsi on a date convenient to everyone involved.”26

“Mr Nchunga Nchunga of the Attorney General’s Chamber objected to a draft order drawn up by the representatives of the Residents. Failing to reach consensus, the Residents had no alternative but to go back to the Court of Appeal today [23 January 2003]. Judge President Tebbutt expressed his disappointment at the further delay of the case by what he deemed to be additional technical objections by the Attorney General. He adjourned the hearing for two hours with a strong recommendation that the two sides reach an agreement. He urged the Attorney General to abandon the technical issues in the interest of the Residents who were being prejudiced by the undue delay in the hearing of their case.”27

“ When the Case resumed at 12.30pm, the two parties had agreed on the following, amongst other issues:

  1. That the case will be referred to the High Court where verbal evidence will be given by witnesses both in Gaborone and Gantsi
  2. That the High Court would make a decision on these substantial issues:

    a. whether it was unlawful for the Government of Botswana to terminate basic and essential services to the Residents of the CKGR in January 2002
    b. whether the Government has an obligation to restore the services to the Residents
    c. whether the Residents were in possession of their land and were deprived of such possession forcibly, wrongly and without their consent
    d. whether the Government’s refusal to issues Game Licenses to the Residents and to allow them to enter the CKGR is unlawful and unconstitutional.

Further, the Judge ordered that the Government cover the costs of the Court of Appeal hearing due to the wasted time. The agreement was based on issues which the Resident representatives had initially proposed in August 2002, with three minor changes. The Judge was therefore of the opinion that the agreement could have been reached without the necessity of re-appearing before the Court.”28

It is expected that the appeal case will be heard in September 2003. Meanwhile, members of the NT – among them WIMSA Botswana Co-ordinator Mathambo Ngakaeaja – and their legal advisors carried out a 13-day field trip to the CKGR and the resettlement centres Kaudwane and New Xade outside the reserve in September/October 2002. During this trip the lawyers obtained a considerable number of witness statements and powers of attorney, and completed 68 standard affidavit forms. These first-hand testimonies confirmed the facts that Roy Sesana of FPK, Aaron Johannes of WIMSA Botswana and others had gathered during their respective trips to the CKGR in February and March 2002. One report on this field trip states the following:

“... all witnesses confirmed that, during the forced removals of February 2002:

  • Government officials were accompanied virtually at all times by police armed with shotguns which they routinely pointed at villagers at the first hint of resistance;
  • The District Council hired scabs from New Xade who forcibly entered the huts of the residents at Molapo, poured the water from their personal containers into the sand, removed their personal belongings from their huts, dismantled their huts and loaded the materials onto government trucks. The residents of Molapo were generally not permitted even to dismantle their own huts and secure their personal belongings;
  • Government did not make the final delivery of water and other supplies to the residents during January 2002, despite having confirmed to Ditshwanelo that it had done so. The only water that was supplied to the water tanks in the village was sufficient water for the use of the government officials for the period that it took them to force the residents to move to the resettlements. This water was used by government officials and not by the residents.”

While the lawyers took statements during the field trip, the other members of the team held meetings with CKGR communities in which they informed them of recent developments in the CKGR negotiations and the status of the court case. It was established that a small number of residents of Metsiamanong had refused to leave that part of the reserve, and that community members had recently returned not only to the latter but also to the Molapo and Mothomelo areas.

To help the CKGR residents to secure their rights over the medium and long terms, a CKGR support coalition was formed consisting of legal advisors, San NGOs (e.g. FPK, WIMSA Botswana and the regional WIMSA), other NGOs and donor organisations which have been committed to the San for many years. The coalition held its first meeting in Gaborone in October 2002. The coalition’s mission was formulated there as follows:

“To create an enabling environment whereby residents of the CKGR and their descendants develop capacity to understand, articulate and achieve their constitutional and development rights. These rights include continued residence, access to and full utilisation of natural resources and other rights flowing from their CKGR heritage.”

Three primary tasks of the support coalition were identified: (1) to manage the court case; (2) to manage ongoing negotiations; and (3) to establish and co-ordinate development over the long term.
In its second meeting in January 2003 the coalition concluded that a plan must be drawn up that sets out interim and medium-term objectives, activities and terms of reference for a co-ordinator of the ‘CKGR project’. After a long discussion it was agreed that WIMSA Botswana and FPK will be primarily responsible for the project, but that they must consult fully with their coalition partners on all matters and not act unilaterally on the project. After two years this arrangement will be re-evaluated.
All coalition members, but WIMSA Botswana and the Kuru Family of Organisations particularly, are aware of the fact that the CKGR issue is just one of many issues prolonging the marginalisation of San communities in Botswana. Another issue recently arose in the form of plans to convert the Western Sandveld area in the Central District of Botswana into a ranch area, which poses a threat to the Tsoa and Kua San communities who have lived on this communal land for many centuries. Applicants for land in this area had to submit their management plans in April 2002. WIMSA Botswana Co-ordinator Mathambo Ngakaeaja discussed the issue with the regional WIMSA team, and planned to visit San communities in the Western Sandveld in April 2003 to assess the situation.
The CKGR San eviction was one focus of the Annual Human Rights Festival organised by the Southern African Human Rights NGO Network (SAHRINGON) in Mbabane, Swaziland, in November 2002. Among the delegates from Botswana, the Democratic Republic of Congo, South Africa, Mozambique, Mauritius, Madagascar, Malawi and Namibia was Tommy Busakhwe representing WIMSA. The objectives of the festival were: (1) to create a platform for members to review SAHRINGON’s annual activities; (2) to discuss the content of the next year plan; and (3) to exchange views and draw up resolutions on human rights issues in southern Africa. One key resolution of the festival was that the SAHRINGON office should monitor the CKGR issue. In his report on the festival Tommy said he felt overwhelmed by the broad variety of impressions this, his first international workshop, made on him.

“I learned so much about the many human rights violations people in the region experience. I am really grateful that I had the opportunity to attend the workshop.”

– WIMSA representative Tommy Busakhwe reporting on his first international workshop.
 

   

FOOTNOTES:
16 The national populations of Namibia, Botswana and South Africa are 1,8 million, 1,5 million and 43,8 million respectively.
17 Extract from the Bernard van Leer Foundation’s letter of invitation dated 20 August 2002.
18 From “Report of the Omaheke San Trust to WIMSA and Norwegian Church Aid on the Community-based HIV/AIDS Awareness Campaign Targeting San in the Omaheke Region”, January 2003, p. 1.
19 Ibid.
20 Ibid., p. 2.
21 “What Next for Osire refugees”, in UN Newsletter in Namibia, No. 1, May 2003, p. 3.
22 Ibid.
23 “Press Release IV of the Negotiation Team, the mandated representatives of the Residents of the Central Kalahari Game Reserve (CKGR)”, released by Ditshwanelo in Gaborone on behalf of the CKGR Negotiating Team on 26 June 2002, p. 1.
24 Ibid.
 

 


 

   
   
 
Wimsa Report on Activities 2002/03

Land and
Natural Resources

Confidence in the fact that the San communities of Tsumkwe District West in Namibia will realise their aspiration of enhancing their livelihood through the long-planned N‡a Jaqna Conservancy is fading by the year. The communities submitted their application for a conservancy in 1998 and to date the Ministry of Environment and Tourism (MET) has not informed the N‡a Jaqna Conservancy Committee whether or not the conservancy will be granted. In addition to this profound disappointment, the communities are falling prey to an influx of cattle belonging to other ethnic groups in the area and illegal occupations of land in the area by other groups which poses a serious threat to the conservancy development plans. WIMSA’s Victoria Geingos presented a paper focusing on this threat and other issues relating to San land rights, titled “San, Land Rights and Development: Can San survive without land?”, at the “Indigenous Rights in Commonwealth Africa Meeting” in Cape Town, South Africa, in October 2002, to make this very important