The Government provides legal assistance to accused persons in capital offences
[and has not extended free legal assistance to all crimes where the accused cannot
afford to pay]. It has, however, extended “means tested” legal assistance in civil
cases through the Legal Aid Act of 2014.
15. Information on the implementation of the 2006 decision of the High Court in
relation with the Basarwa people of the Kalahari with a particular focus on the
cultural rights and socio-economic needs of the Basarwa people.
The Government is giving attention to the rights and concerns of the Basarwa
people by giving them access to water and allowing visitation by family members.
The Government continues to engage Basarwa through established structures with
a view to ensuring a sustainable solution to the matter. Several programmes that
promote the rights and concerns of Basarwa such as poverty eradication,
affirmative action, education for all, community based natural resource
management planning, and effective utilization of wildlife management areas are
being implemented.
Botswana pursues a policy of co-operation with the UN human rights system,
including its various mechanisms and Special Procedures. The Special Rapporteur
on the rights and fundamental freedoms of Indigenous peoples visited Botswana in
April 2009 and consulted with various stakeholders during the country visit. He
produced a Report recommending that measures be taken to ensure that residents of
the CKGR have adequate access to basic social, medical, food and other services in
the reserve.
In response to the recommendation, the Government would like to refer the
esteemed Commission to the Judgement delivered by the Court of Appeal of
Botswana on the 27th January, 2011 to the effect that the CKGR residents have the
right, at their own expense, to:
a. recommission the borehole at Mothomelo in the CKGR formerly used to provide
water to the residents of the Reserve, and to sink one or more boreholes at such
site inside the reserve.
b. service, repair and maintain in good working order any borehole to which this
declaration applies.
c. use water abstracted from any such borehole for domestic purposes only in
accordance with Section 6 of the Water Act.
Following the Court Order, the residents of CKGR drilled four (4) boreholes on
their own; two (2) boreholes in METSIAMANONG were blank. The borehole in
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