Minority ethnic groups feel new bill still discriminates

Member of parliament Filbert Nagafela has decided to register his own personal protest against the Botswana constitution by refusing to sing the national anthem until all references to the country's ethnic groups are removed. Nagafela is a member of the Kgalakgadi people, one of the eight ethnic groups not recognised by the current constitution and, as such, he feels he is unable to identify with the phrase "this land is our inheritance" in the anthem. Sections 77, 78 and 79 of the constitution guarantee automatic membership of the House of Chiefs to the eight Setswana-speaking paramount chiefs, while minority groups are represented by three members, regarded as sub-chiefs, who are elected to the assembly on a rotating basis and serve a four-year term. The Khoisan, the first people to inhabit the country, are among those excluded from full representation in the House of Chiefs, as they are considered "minor tribes". A bill introduced last year to address this discrimination by giving permanent seats in the House of Chiefs to the smaller ethnic groups has continued to fuel debate. The House of Chiefs plays an advisory role to the government and parliament. The Constitution Amendment Bill, while still allowing the eight Setswana-speaking people the right to continue designating their traditional leaders to the house, provides for the election of 20 representatives from the eight so-called minor groups. It also allows the president to appoint five additional members to the house, increasing the total from 15 to 35. The 20 additional representatives from non-Setswana groups, including the Khalanga, the Wayeyi and the Khoisan, would be selected by district electoral colleges, to be chaired by a civil servant appointed by the Minister of Local Government. However, there has been concern that traditional leaders might not make it to the house via an electoral process. Nagafela questioned the need for elections. "Every tribe knows its history and traditional leadership; even bees have a king," he said. Letshwiti Tutwane, a political analyst from the University of Botswana, said the process would confer a greater degree of authority on the eight Setswana-speaking chiefs, who would not have to undergo the rough and tumble of elections. "We will still have a situation where some chiefs will be superior than others." The amendment bill was introduced last year after a report by a presidential commission of enquiry, established in July 2000 under former minister Patrick Balopi to look into complaints by non-Setswana speaking people that the constitution was biased. The Chieftainship Act states that the "principal tribes" are defined as the Setswana-speaking Bamangwato, Batawana, Bakgatla, Bakwena, Bangwaketse, Bamalete, Barolong and Batlokwa. The Tribal Territories Act defines ethnic territory in terms of these eight groups, which means that all land is distributed under their jurisdiction. Membership of the House of Chiefs is important because it confers constitutional recognition on the existence of a particular ethnic group. A lack of representation also means the lack of a voice in the development of customary law: for instance, the Wayeyi and some Basarwa and Herero groups are matrilineal, but the imposition of Setswana patriarchal customary law has nullified their own laws of inheritance, marriage and succession. The issue of ethnic discrimination has been a sensitive one since independence; two previous attempts to reform the constitution - in 1969 and 1998 - failed. The amendment bill was referred to the House of Chiefs in 2004, but parliament was dissolved for general elections before it could consider the chiefs' recommendations. The "discrimination" against non-Setswana speakers is described by Lydia Nyathi-Ramahobo, the secretary general of Reteng, a coalition of ethnic cultural groups, as "a blemish on Botswana's deservedly good reputation for democracy and good governance". "Non-Setswana speaking groups are not recognised or consulted on decisions affecting their lives through their chiefs, and do not have their languages used in education, on the national radio and in other social domains," she pointed out. Nyathi-Ramahobo is unhappy with the provisions of the Constitutional Amendment Bill. "In our view, neither tribal neutrality nor tribal discrimination has been effectively addressed," she said. According to Reteng, if the constitution is to reflect ethnic neutrality, it should accord all groups equal status. The provision in the amendment, allowing the president to nominate members to the house, has also evoked controversy. Last week members of the House of Chiefs lashed out at the provision, saying it could be used to nominate failed politicians instead of traditional leaders. Kgosi Lotlaamoreng II of the Baroleng people said, "The House of Chiefs should remain apolitical." Although the provision allowing the president to nominate members is intended to make the house more representative of gender and youth, Lotlaamoreng maintained: "The president should not make appointments into the house, because he is a politician and we understand the house better than him." Other members of the house said they were concerned that the provision was intended to provide politicians with an opportunity to erode the authority of tribal leaders. The Botswana government has called for more dialogue to ensure that the concerns of those who feel that their rights are being trampled have been addressed.