A/HRC/24/41/Add.1
San people to the lands bought. In this regard, the Special Rapporteur was informed that
Hai//om representatives had requested that their community be moved to lands along a
major road leading into Etosha National Park, which they saw as having greater economic
development value, but were told that it was not possible for reasons unknown. In most
cases, the purchased lands are also reportedly too small to sustain economically viable
farms.
37.
An additional problem has been that the communities that are resettled do not
receive sufficient support following resettlement. This concern was uniformly expressed
during the Special Rapporteur’s visit to Seringkop, one of the more developed resettlement
farms. At Seringkop, as at most resettlement farms, basic infrastructure, including for water
and sanitation, has for the most part not yet been installed. Viable economies in these farms
are very far from taking root and people have thus far been living on assistance from the
Government or non-governmental organizations for almost everything. This situation exists
despite the fact that the National Resettlement Policy states that resettlement beneficiaries
will be expected to be “self-reliant and self-sufficient by the fourth year”.11 While some
resettlement farms have agriculture and tourist potential, San people reported to the Special
Rapporteur that they currently lack the experience and know-how to build thriving
commercial farms or tourism ventures.
38.
The Special Rapporteur heard that there is some discomfort on the part of the
Government about restoring to San groups their traditional lands or resettling them to
prescribed areas, given that doing so is sometimes viewed as reminiscent of apartheid
policies in which ethnic groups were divided into administrative territories based on race.
Yet, if the Government is to carry out a land reform process, which by all accounts is
imperative in Namibia, it must move forward in accordance with the right of the San and
other indigenous peoples to hold land collectively, a right that is affirmed in the United
Nations Declaration on the Rights of Indigenous Peoples (art. 26, ff.). Programmes to
secure this right are instrumental to promoting equality and providing all Namibians with
opportunities for development, as contrasted with the racially discriminatory policies of
apartheid. Despite the challenges, the Special Rapporteur observed some level of optimism
for land reform in Namibia, given that it is a geographically large country with a relatively
low population density, and the fact that there is a good level of political will and a legal
framework to carry out land reform.
4.
National parks
39.
National parks in Namibia comprise lands that historically were used and occupied,
and in some cases continue to be used and occupied, by San people. In multiple encounters
with San groups and other knowledgeable sources, it was evident to the Special Rapporteur
that San people continue to maintain a strong cultural attachment to their traditional lands
within the parks.
40.
The principal two parks in which San people live or have lived in are Etosha
National Park, in the Kunene Region, and Bwabwata National Park, spanning the Caprivi
and Kavango regions. Despite the fact that there exist strong indications that San groups
have rights over lands and resources within the Etosha and Bwabwata national parks under
international and common law standards, the Government of Namibia has not to date
acknowledged San rights to lands within these parks. Thus, as discussed in the present
section, while the Government has been, especially in recent years, demonstrating an
increased openness to developing measures for San participation in managing and
11
Ibid., p. 7.
11