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.

 


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