A critical analysis of the legal framework regulating indigenous and community conserved areas in Namibia

Type Thesis or Dissertation - Master of Philosophy
Title A critical analysis of the legal framework regulating indigenous and community conserved areas in Namibia
Author(s)
Publication (Day/Month/Year) 2015
URL https://open.uct.ac.za/bitstream/handle/11427/15163/thesis_law_2015_meyer_adri.pdf?sequence=1
Abstract
Protected areas, formally established by governments, are one the key methods of preventing
natural resource degradation by excluding humans from accessing certain sensitive areas, or
by regulating the activities within these areas. Protected areas are viewed as essential for
conserving the biodiversity on which the human race depends. However, the “fine and fences”
preservationist approach to conservation has proved ineffective and it has been determined
that often degradation occurs due to a lack of synchronisation between communities and their
environments. This has led to the development and adoption of the community-based natural
resource management (CBNRM) approach to conservation. The main principle of CBNRM is
that traditional knowledge be applied and user-rights be legally devolved to indigenous
communities in order to sustainably manage and conserve natural resources. Indigenous and
community conserved areas (ICCAs) can be viewed as a tool to promote CBNRM.
Communities voluntarily establish ICCAs and if the ICCA is recognised in legislation, they are
then awarded a bundle of rights to manage and use resources while simultaneously
implementing conservation activities. Certain key prerequisites are required in legislation and
policy to promote effective and equitable ICCAs, including rights to land tenure, management
and access, use and benefits to natural resources on communal land.
Namibia has adopted a novel approach to CBNRM by the establishment of three types of
ICCAs – conservancies, community forests and wildlife concessions. Different bundles of
rights are awarded to communities who establish these ICCAs. Namibia has various policies
and acts influencing the awarding of rights. These include the constitutional rights and
freedoms, the amended Nature Conservation Ordinance, the Communal Lands Reform Act,
the Traditional Authorities Act, the Forest Act and a variety of policies. Conservancies and
community forests have benefit-sharing plans in place and cash revenues and non-economic
benefits are shared equitably amongst members, therefore empowering the community as a
whole. Communities adjacent to or within protected areas, to which concessions are granted,
are able to enjoy access to resources within the protected area. One major shortcoming of
Namibia’s CBNRM legislation is the lack of secure land tenure in terms of property rights
awarded to ICCAs. Without property rights, conservancies are not able to exclude outsiders
from the communal state-owned land on which they are situated which leads to open access
issues and lack of incentive to implement efforts to conserve natural resources. Although
issues are still present, the Namibian legislature contains the basics of a successful national
CBNRM movement.

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