A/HRC/24/41/Add.1
guarantee that San people currently living within the boundaries of national parks are
allowed to stay, with secure rights over the lands they occupy.
83.
In addition, the Government should take steps to increase the participation of
San people in the management of park lands, through concessions or other
constructive arrangements, and should minimize any restrictions that prohibit San
from carrying out traditional subsistence and cultural activities within these parks.
84.
The Government should review its decision not to allow the Hai//om San people
to operate a tourism lodge within the boundaries of Etosha National Park under their
current tourism concession. Further, management of concessions should not be
limited to only those Hai//om groups that opt to move to the resettlement farms.
85.
The Government should enforce the provisions of the Communal Land Reform
Act that prohibit the erection of fences in communal lands. It should also investigate
allegations of illegal fencing in the Nyae Nyae and N‡a Jaqna conservancy areas and
in communal areas occupied by Himba people. Furthermore, efforts should be made
to harmonize any inconsistent laws and policies regarding conservancy areas and
communal lands or other actions that promote competing interests on those lands.
86.
The Government should also address the concerns over lands and natural
resources of other groups, including the long-standing land claim of the Baster people
and the concern over natural resource exploitation expressed by the Nama people.
Self-governance and participation
87.
Recognition of the traditional authorities of indigenous peoples in Namibia is
an important step in advancing their rights to self-governance and in maintaining
their distinct identities. The State should review past decisions denying the recognition
of traditional authorities put forth by certain indigenous groups, with a view to
promoting the recognition of legitimate authorities selected in accordance with
traditional decision-making processes.
88.
In this regard, the Government should confirm the traditional authority of the
Khwe San in Caprivi as a matter of priority. Further, allegations of discrimination or
abuse by the traditional authorities of the dominant tribes in areas inhabited also by
other, smaller tribes live should be investigated and actions taken to sanction any
mistreatment.
89.
Indigenous peoples or tribes that are ethnically distinct from the majority
tribes are underrepresented in legislative and administrative institutions at both the
national and district levels. Affirmative measures should be further developed and
implemented, in consultation with the affected peoples, to enhance representation by
indigenous groups at all levels and in all institutions of government, including in
administrative and legislative bodies at both the national and district levels.
90.
Consultations should be carried out with the communities that might be
adversely affected by development projects and the exploitation of natural resources,
including mining taking place near the lands of Nama people, with the aim of
obtaining their free, prior and informed consent for the potential project activities.
91.
The creation of the Division of San Development within the Office of the Prime
Minister is a positive step towards tackling some of the issues faced by indigenous and
marginalized groups, and appears to have potential for improving the lives of
indigenous peoples in the country. However, the Division should review its work, in
consultation with the groups that it supports, in order to ensure that it is responding
effectively to the needs of those groups.
20