A/HRC/24/41/Add.1
Government policy in Namibia that assigns a positive value to the distinctive identities
and practices of these indigenous peoples, or that promotes their ability to survive as
peoples with their distinct cultures intact in the fullest sense, including in relation to
their traditional lands, authorities and languages.
76.
The Government should strengthen and adopt affirmative measures to protect
the right of non-dominant indigenous groups to retain and develop the various
attributes of their distinctive cultural identities. Laws and government programmes
should be reviewed and reformed as needed to ensure that they do not discriminate
against particular indigenous groups, and that they accommodate and strengthen
cultural diversity and adhere to the United Nations Declaration on the Rights of
Indigenous Peoples. Furthermore, in consultation with indigenous peoples, the
Government should look to ratify International Labour Organization Convention
No. 169 (1989) concerning Indigenous and Tribal Peoples in Independent Countries.
Lands and resources
77.
Especially in recent years, the Government has entered into some innovative
arrangements with San and other groups through which they have been able to
increase their control over management of lands and natural resources, and derive
some substantial benefits. However, in accordance with international standards, much
more needs to be done to recognize and respect the rights of marginalized indigenous
peoples over their traditional lands and resources, and to provide redress for any land
that has been confiscated, taken, occupied, used or damaged without their free, prior
and informed consent.
78.
The Government of Namibia should step up efforts to address the problem of
landlessness of San groups and to carry out initiatives to secure for them rights to
land, and do so, to the extent compatible with the rights of others, in accordance with
their historical or traditional land tenure patterns.
79.
The Ministry of Lands and Resettlement should be provided with an increased
budget to purchase lands for the purpose of resettlement. The selection of lands
should be done in close coordination with the groups concerned and in accordance
with prior feasibility studies. Lands purchased should be sufficient in size, location,
and quality to guarantee that resettled groups have a sustainable basis for their
economic, social and cultural development.
80.
Resettled San groups should be provided with the necessary financial and
technical support to ensure that they are able to establish viable communities, and
support should continue for as long as may be required to achieve this purpose. Nongovernmental organizations in Namibia and abroad should also consider providing
assistance to resettled San communities.
81.
The Government should give high priority to purchasing adequate resettlement
lands for the Hai//om people living in Oshivelo and other similarly situated San
groups who were removed from the Etosha National Park in the 1950s. When
selecting lands, the Government should make all efforts to accommodate the Oshivelo
community’s desire to have access to lands in Etosha National Park for tourism
purposes and also receive lands adjacent to the park suitable for agricultural and
other economic activities.
82.
Namibia should take measures to reform protected-area laws and policies that
now prohibit San people, especially the Khwe in Bwabwata National Park and the
Hai//om in Etosha National Park, from securing rights to lands and resources that
they have traditionally occupied and used within those parks. The Government should
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