Report on Inquiry into Human Rights Violations in the Khomani San Community

Human Rights Commission takes government to task in its report on the human rights abuses in the Khomani San community.

 On the one hand, the land claim was visionary in what it sought to do – recognise this group of people as a unique group with a right to live and determine their life and their culture.

But since the land claim, that vision has not materialised for many reasons:

1. The ongoing neglect of this community, despite the initial good work done by the Department of Land Affairs. The followu-up has been left as an ideal, particularly the failure to assist this community with the administration of fixed farms.
2. Service delivery at a local level have not been delivered by the local municipality, such as issues around health, water and housing. The declaration of a township is often given as the reason for this slow delivery, but this is not enough.  In addition, services such as education, social services and policing is also seriuously lacking. 

In all these areas, this is a reflection of a story of neglect and non-compliance.

The report with its clear recommendations has been distributed to the various role-players in government (national and provincial). We will now follow-up with the recommendations we have made.

If the recommendations we have made is implemented and made effective, we have no doubt that there will be an improvement in the conditions of the Khomani San community.

The recommendations are very basic – they seek to ensure that the rights that this community is entitled to are in fact protected and delivered in terms of what government says it will do.

The remote location of the Khomani San community and the nature of its predicament should not make the realisation of human rights seem unattainable. This should rather be seen as a challenge in the tenth year of South African democracy, to secure constitutional rights for the marginalized.

In 1999 the Khomani San community successfully reclaimed large areas of land in the Andriesvale-Askam area of the Kalahari, in terms of the national Land Reform Programme provided for by the Restitution of Land Rights Act 22 of 1994.

It seemed that a new time had begun for the community, after a long history of persecution, dispossession and marginalisation.

However, it came to the attention of the South African Human Rights Commission, that five years after the successful land claim, the Khomani San continue to live in abject conditions, without full enjoyment of their human rights.

The Commission received complaints from the community of the murder of a community member, Mr Optel Rooi, by the police, as well as police victimisation and harassment, and of discrimination and sexual abuse of Khomani San children in the local school.  There was talk of community division, and the involvement of too many external consultants, NGOs and other parties.  In addition, it appeared government was failing in its duty to provide services and to support the community in the resettlement progress.  It was therefore imperative that the Commission convene an Inquiry into Human Rights Violations in the Khomani San Community.