Minority Tribes in Botswana: the Politics of Recognition
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final.qxp 16/12/2008 15:27 Page 1 briefing Minority Tribes in Botswana: the Politics of Recognition By Lydia Nyati-Ramahobo Botswana is reportedly one of Africa’s ‘most stable recognizing minority rights by showing that diversity can countries.’1 It has grown from one of the poorest nations of unite a nation, as well as assist in economic progress, the world into an economic success story. Good economic consolidate a peaceful society and lead to a more vibrant policies have resulted in Botswana being one of the fastest democracy. This briefing deals firstly with the history of growing economies in Africa and it is now classified by the Tswana hegemony, and the mechanisms which continue to World Bank as a middle income country.2 It is a multiparty perpetrate it. It then looks at the consequences of non- democracy and elections are held every five years. Botswana recognition on the other minority tribes and the efforts is also well known for its adherence to the rule of law, which have been made to secure the equal treatment of all human rights and good governance. In its 2008 report, Botswana’s citizens. Transparency International,3 an international civil society organization based in Berlin, rated Botswana as 36th out of Recognition for the Tswana 180 countries, with a corruption index of 5.8, an indication that it is one of the least corrupt countries in Africa. tribes In sharp contrast to this image, Botswana laws permit discrimination on the basis of ethnicity, language and Historical backdrop culture. The goal at independence was to assimilate all ethnic groups into the Tswana culture and create a mono- In 1885, the then-Bechuanaland became a British ethnic state, a model found in most British colonies. protectorate8 and in 1933, the British authorities recognized Specifically, these laws are a) Sections 77 to 79, 15 (4) eight tribes in the Chieftainship Act as follows: the (d), 15 (9) of the Constitution; b) Section 2 of the Barolong, Bakwena, Bangwaketse, Balete, Bakgatla, Chieftainship Act4 and c) the Tribal Territories Act. Batlokwa, Bangwato and Batawana. These eight tribes Agitation against these assimilation laws and distribution of speak dialects which are mutually intelligible and wealth has been expressed since 1969. collectively known as the Setswana language. They share The consequences of this colonial arrangement are still similar cultures and histories. They collectively make up seen in Botswana today. Eight Tswana tribes (a numerical about 18 per cent of the population.9 Six out of the eight minority in the country,) continue to enjoy the privileges tribes reside in the Southern part of the country near the associated with official recognition, whilst many of the capital city, Gaborone. Two others (the Bangwato and other 38 tribes have experienced culture and language loss, Batawana) reside in the Central and Northwest disproportionate poverty, and invisibility on the national (Ngamiland) districts respectively and are numerically scene.5 inferior to the tribes they rule over.10 But though assimilation policies are still in place, there Professor Neil Parsons,11 a British historian at the are indications of a slow shift in practice towards University of Botswana, observed that it was upon recognizing minorities and the value of cultural diversity.6 Tswanadom12 that the British founded the colonial state of The new President Seretse Khama Ian Khama, son of Bechuanaland, which was in turn and in many ways the Botswana’s independence leader, who took office in April foundation for the sovereign state of Botswana. He 2008, appears to have a new vision for Botswana. He is on maintains that the concept of ‘Tswanadom that is both record as saying, ‘My Government’s position is that our philosophical and territorial has led many observers to arts, culture and heritage must be celebrated nationwide so assume that Botswana is a mono-ethnic state… but only in that we can all truly enjoy our unity in diversity.’7 This so far as the Tswana minority have successfully imposed its recognition of the value of Botswana’s diversity is a welcome culture on the majority population of the extreme diverse one, but must be backed up by action and key reforms. origins.’ The recognition was a colonial error that has The purpose of this briefing is to highlight the plight of rendered the majority of the country’s peoples not only the non-Tswana ethnic groups. It argues a positive case for invisible but also insignificant. final.qxp 16/12/2008 15:27 Page 2 Recognized tribes enjoy linguistic and cultural rights not Act is uncertain, and ultimately its implementation will enjoyed by the non-recognized tribes. These include access depend on political will to tackle the current imbalances on to the institution of chieftaincy, permanent membership to the part of Botswana’s ruling elite. the House of Chiefs as of right, group rights to land, territorial and ethnic identity, a celebration of one’s culture The House of Chiefs in the public domain and the use of one’s language in education and the media. Under the original provisions of the Constitution, the House of Chiefs consisted of three categories of Chieftaincy membership. First, eight ex-officio members who were the chiefs of the eight Tswana tribes, (as indicated above, this In Botswana, chiefs are viewed as the custodians of the membership was permanent and of right); second, four culture of the people. Part of their role includes upholding elected members who were elected from the sub-chiefs in the moral and ethical standards of the community, and the four former Crown lands; and third, three specially performing traditional rites and ceremonies.13 Formal elected members who need not have any tribal association. recognition of a tribe, therefore, is recognition of the These provisions were amended in 2005. However, the culture of the people. It means that the tribal group can amended provisions (while expanding the membership of designate a chief, in accordance with their customs at the the House,) did nothing to end discrimination. district level and the Minister will then recognize him or Membership remains subject to a three tier system her at a traditional ceremony. S/he is then placed on the consisting of the chiefs of the eight areas belonging to the government’s pay roll. This chief can be consulted on Tswana tribes and of the four former Crown lands, five matters that affect the well-being of the people and persons appointed by the President, and a maximum of through the permanent membership to the House of twenty people selected by regional electoral colleges, who Chiefs provided for in sections 77 to 79 of the serve for five terms each. Constitution, they are able to advize Parliament on tribal The superficial nature of the constitutional amendments matters. The recognized chiefs of the eight Tswana tribes can be seen in Section 78 (1). The amendments replace rule over other tribes whose chiefs are not recognized. They references to particular named Tswana tribes to those who have the powers to recommend to government the are chiefs of particular areas. But the areas are still those appointment of sub-chiefs, senior chiefs’ representatives dominated by Tswana chiefs. Thus, whilst less overtly and headmen. discriminatory, the effect is still the same. Similarly, on Since independence, none of the non-Tswana tribes have paper, it was a positive step to give the four minority- had their chief recognized as per this process. While some dominated former crown lands the option of nominating a non-Tswana tribes have designated their chiefs in permanent chief to the House, or to elect regional accordance with their customs, government has not representatives for a five year term.16 In practice, they recognized them. For instance, the Bekuhane14 tribe from elected representatives for a five year term, a less powerful the Chobe district in the North-East of the country position compared to having a recognized chief of equal designated their chief, Chief Sinvula, in 1968. The tribe status with the Tswana chiefs. staged a celebratory ceremony, but only the District Moreover, although it is positive that the 22 minority Commissioner attended. Chiefs of the Tswana tribes and dominated regions were accorded the opportunity to elect a the Minister of Local Government did not attend. The member to the House for a five year term, these members Government owned monthly magazine Kutlwanao reflected are not elected by the people in the region but by sub- on the occasion 18 years later, and referred to him as a sub- chiefs and headmen who belong to that region. This system chief.15 He was however admitted to the House of Chiefs is still open to Tswana control as the sub-chiefs and on a five year term, which was renewed until 1994 when headmen are supervised by the Tswana chief. The tribes in he was voted out and replaced by Sub-Chief Mologasile, the twenty-two regions also continue to be unrecognized from the Tswana-speaking Batawana tribe. This under the Constitution. Therefore, although the House of demonstrated that being admitted to the House of Chiefs Chiefs has expanded under the new provisions from 15 to a on a five year term is no guarantee for recognition of a maximum of 37 after the Constitutional amendments, chief and his tribe, or recognition of their culture. there still remains no recognition of any other ethnic group When the Wayeyi designated their chief in 1999, no besides the usual eight Tswana tribes. government officials attended the traditional ceremony, and the national radio station was banned from giving a live coverage of the event. The Wayeyi later embarked on legal action which was to have far-reaching effects.