State of the World's Minorities and Indigenous Peoples 2016 - Case study: The long struggle of Botswana's Wayeyi for recognition

By Keikantse E. Phele

Botswana's Wayeyi, based in and around the Okavango Delta and Ngamiland areas, are believed to have first settled there during the eighteenth century. Despite their long-standing presence in the country, however, they still lack full recognition within Botswana. National legislation, influenced by British law, only recognizes eight major Tswana groups, while other minorities, including Wayeyi, are overlooked. Only English and Setswana are officially recognized and used in Botswana.

Historically, the Wayeyi tribe was enslaved by Batawana, one of the eight major groups, and were then subjected to forced assimilation. Yet now Wayeyi are campaigning for self-determination and greater recognition of their traditional leaders. In recent years, this battle has been fought through the law courts as Wayeyi have sought to address their legal discrimination. In 2001, community members made an application to the High Court of Botswana, in Kamanakao and others vs. Attorney General and Others, challenging specific provisions of the Constitution of Botswana and the 1987 Chieftainship Act that supported the creation of the House of Chiefs (Ntlo ya Dikgosi). With only the eight groups represented, to the exclusion of Wayeyi and others, the applicants argued that the provisions were in contravention of key sections of the Constitution that provided for fundamental rights and the right to non-discrimination.

However, though they asked to be granted the right to nominate and install their own leader (Shikati), establish communal boundaries and for Shiyeyi, their native language, to be included in the Botswana education curricula, this request was refused. In its judgment the Court, stating that it could not declare provisions of the Constitution null and void, only agreed that part of the Chieftainship Act was discriminatory and would need to be amended accordingly. As a result, the Constitution still does not recognize all ethnic groups in Botswana equally. Nevertheless, a presidential commission of enquiry, the Balopi Commission, was established to investigate the consequences of the contested constitutional provisions on ethnic inequalities and discrimination in Botswana. Their findings informed the subsequent amendment of the Bogosi Act to fully recognize other tribes not included among the eight main tribes. The Chieftainship Act was repealed and the Bogosi Act was enacted in 2008 as a result of the Kamanakao case.

But while, thanks to the amendment of the Constitution, the Wayeyi sat at Ntlo ya Dikgosi for a five-year term at the discretion of the president, his term was not extended as there was no legal disposition to allow it. The Wayeyi community have since made an application under the Bogosi Act to be fully recognized and to install their own leader as an ex officio member of the House of Chiefs. After years of protracted legal negotiations, the Minister of Local Government has promised Wayeyi in a kgotla (public gathering place) meeting that their application would go before the Cabinet and receive a response in March 2016.

Amid their legal adversity, Wayeyi have strived to maintain their cultural heritage as a way of preserving their identity in the face of these setbacks. The Kamanakao Association was formed in March 1995 to promote and celebrate the community's language and heritage. Among other activities it runs a cultural centre in Gumare, with an annual festival each year that brings together young and old alike to share song, dance, poetry readings, food and other traditional practices with each other. Unlike the largely patriarchal Tswana tribes, the Wayeyi community is matrilineal and women play a crucial role in the continued vitality of cultural practices such as basket making.

Nevertheless, the state's failure to legally recognize the Wayeyi community has undoubtedly undermined a key element of their identity – the ability to maintain and practise Shiyeyi. In the context of the government's refusal to accommodate teaching of indigenous languages in schools, the Kamanakao Association has established a working group to train and develop capacity within communities to teach, write and translate into Shiyeyi, with publications for primary schools, adult learners and religious use. It is hoped that these resources will enable the next generation to maintain their native language and, by extension, their unique tribal identity in the face of official discrimination.

Update: Since this case study was written and just prior to publication, the Botswana government announced its decision to officially recognize the Wayeyi.