This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.

You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/world/africa/6174709.stm

The article has changed 15 times. There is an RSS feed of changes available.

Version 12 Version 13
Botswana bushmen win land ruling Botswana bushmen win land ruling
(30 minutes later)
Bushmen from the Kalahari desert have won a court case in which they accused Botswana's government of illegally moving them from their land.Bushmen from the Kalahari desert have won a court case in which they accused Botswana's government of illegally moving them from their land.
The court said the bushmen - or San people - were wrongly evicted from their ancestral homeland in 2002.The court said the bushmen - or San people - were wrongly evicted from their ancestral homeland in 2002.
A panel of three judges ruled by two-to-one in their favour in the major issues in the case.A panel of three judges ruled by two-to-one in their favour in the major issues in the case.
The case is seen as a wider test of whether governments can legally move people from their ancestral lands. It is seen as a wider test of whether governments can legally move people from their tribal and ancestral lands.
The BBC's Orla Guerin, at the court, says it is unclear how many of the San people will want to return. The leader of the bushmen, Roy Sesana, emerged from court wearing traditional headdress and smiling broadly.
More than 1,000 were evicted four years ago. He told the BBC's Orla Guerin that he would return to the Kalahari to greet his ancestors within the next few weeks.
The bushmen are the oldest people in Sub-Saharan Africa. It is unclear how many of the San people will want to return. More than 1,000 were evicted four years ago.
'Unlawful and unconstitutional''Unlawful and unconstitutional'
Crowds of the bushmen had trekked overland to the court in the town of Lobatse to wait for the verdict. The bushmen are the oldest people in Sub-Saharan Africa.
Crowds of them had trekked overland to the court in the town of Lobatse to wait for the verdict, which was translated for them.
"It's about the right of the applicants to live inside the reserve as long as they want - and that's a marvellous victory," said the bushmen's lawyer, Gordon Bennett."It's about the right of the applicants to live inside the reserve as long as they want - and that's a marvellous victory," said the bushmen's lawyer, Gordon Bennett.
In pictures: The bushmen Send your comments The case was the longest and most expensive in Botswana's history. In pictures: The bushmen Send your comments He said he hoped this victory would encourage other indigenous peoples.
The case was the longest and most expensive in Botswana's history.
The bushmen had argued that the government of Botswana acted illegally when it cut off their water supplies and drove them from the central Kalahari game reserve.
In a series of judgements that took all day to read, the High Court found in their favour.
Presiding judge Maruping Dibotelo told the court: "Prior to January 31, 2002, the applicants were in possession of the land which they lawfully occupied in the CKGR (Central Kalahari Game Reserve).Presiding judge Maruping Dibotelo told the court: "Prior to January 31, 2002, the applicants were in possession of the land which they lawfully occupied in the CKGR (Central Kalahari Game Reserve).
"The applicants were deprived of such possessions forcibly or wrongly and without their consent.""The applicants were deprived of such possessions forcibly or wrongly and without their consent."
The government's subsequent refusal to allow the Bushmen a permit to return to their land was "unlawful and unconstitutional", he added. The government's subsequent refusal to allow the bushmen a permit to return to their land was "unlawful and unconstitutional", he added.
Our correspondent says the government is considering whether to appeal against the judgement. A lawyer for the government said an appeal against the verdict was an option, but at this stage the authorities would abide by the judgement.
'Dispiriting' camps'Dispiriting' camps
The San people brought their case forward after being moved to functional but bleak settlements outside the Kalahari game reserve, where a new way of life was imposed.The San people brought their case forward after being moved to functional but bleak settlements outside the Kalahari game reserve, where a new way of life was imposed.
The bushmen have been resettled outside the reserveThe government argued that the bushmen did not belong to the Kalahari any more because their lifestyle had changed, and their presence interfered with conservation.The bushmen have been resettled outside the reserveThe government argued that the bushmen did not belong to the Kalahari any more because their lifestyle had changed, and their presence interfered with conservation.
The reserve was a poverty trap that denied them access to health and education, it said, arguing that the bushmen were better off in the settlements, where they had clinics and schools along with better access to food and water.The reserve was a poverty trap that denied them access to health and education, it said, arguing that the bushmen were better off in the settlements, where they had clinics and schools along with better access to food and water.
They also denied allegations that the bushmen were driven out to make way for diamond mining.They also denied allegations that the bushmen were driven out to make way for diamond mining.
The bushmen's lawyer contends that although there are facilities in the camps, there is little for them to do.The bushmen's lawyer contends that although there are facilities in the camps, there is little for them to do.
"Almost everybody is dependent, to a greater or lesser extent, on handouts and that's a rather dispiriting experience," Mr Bennet said."Almost everybody is dependent, to a greater or lesser extent, on handouts and that's a rather dispiriting experience," Mr Bennet said.