Bushmen's legal battle for their access to water started in the 90's after the Government of Botswana evicted them from their ancestral land in the Central Kalahari reserve. The government has always denied economic grounds, but it is notorious diamond mines were discovered in the 80's underneath the dry land inhabited by the Bushmen, who are also known as Basarwa or San.

In 2006 a ruling by the Supreme Court stated that evictions were illegal and unconstitutional, and granted the right of the indigenous people to return to their land. However, Botswana's authorities sealed with cement the only water well in the area to stop people from getting back. In spite of this, Bushmen lived off rainwater or acquired bottled water from a store 48 km away.

The Bushmen then took the government to court to recover their access to water with the help of local and international organisations, such as Survival International. A 2010 court decision denied the right of the Bushmen to use the well water ironically, the mining corporation Gem Diamonds is allowed to make use of it with no restraint. The judge even ruled that the Bushmen had "brought upon themselves any discomfort they may endure". Last week's decision comes as a result of an appeal against the 2010 ruling.

Apart from allowing the Bushmen's access to the water, the legal victory also includes their right to drill new wells. It further establishes the government's "degrading treatment" towards the indigenous people and the government's obligation to pay for the cost of the proceedings.

Botswana's treatment of the Bushmen has been one of the main issues of concern for the international community regarding this South African country. The African Commission on Human and People's Rights and the United Nations are some of the institutions that have raised their concern on Bushmen's harsh living conditions.

Image: Bushmen people (Survival).

Further information:

• BBC: Kalahari Bushmen in 'remarkable' legal victory
• Survival: Victory for Kalahari Bushmen as court grants right to water
• Bushmen people on Minority Rights Group's directory