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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.The case is seen as a wider test of whether governments can legally move people from their 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 BBC's Orla Guerin, at the court, says it is unclear how many of the San people will want to return.
More than 1,000 were evicted four years ago.More than 1,000 were evicted four years ago.
The bushmen are the oldest people in Sub-Saharan Africa.The bushmen are the oldest people in Sub-Saharan Africa.
'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.Crowds of the bushmen had trekked overland to the court in the town of Lobatse to wait for the verdict.
"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 The case was the longest and most expensive in Botswana's history.
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.Our correspondent says the government is considering whether to appeal against 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 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.