James Anaya

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Statement of the Special Rapporteur on the rights of indigenous peoples, James Anaya, upon concluding his visit to Namibia from 20-28 September 2012 Print

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28 September 2012. "In my capacity as United Nations Special Rapporteur on the rights of indigenous peoples, I am today concluding my official visit to Namibia to examine the situation of minority indigenous peoples in the country. Over the last nine days, I have travelled to various parts of Namibia, meeting with representatives and members of various San groups, including the Ju/'hoansi San in Tsumkwe; the Khwe San living in the Bwabwata National Park in the Caprivi and Kavango regions; and the Hai//om San living in and around the Etosha National Park. I also met with representatives of the Ovahimba, Ovazemba and other indigenous peoples in Opuwo. I want to express my gratitude to the indigenous people with whom I met for inviting me into their communities and their lands, and for sharing with me their concerns and their aspirations. Additionally, in the capital city of Windhoek, I met with representatives of the Rehoboth Baster and the Nama people.

Also in Windhoek I met with Government representatives, including from the Office of the Prime Minister and its Division of San Development; the Ministry of Environment and Tourism; the Ministry of Justice; the Ministry of Lands and Resettlement; and the Ministry of Education. I am grateful to the Government for agreeing to my to visit Namibia and for the openness it demonstrated in allowing me to carry out my work freely and independently. While in Windhoek I also met with the Ombudsman, and with representatives of several non-governmental organizations and the various agencies of the United Nations. I appreciate the information they provided and their assistance in the organization of the visit.

In accordance with my mandate from the United Nations Human Rights Council, my examination of the situation of indigenous peoples in Namibia proceeds in light of the United Nations Declaration on the Rights of Indigenous Peoples, which was adopted by the UN General Assembly in 2007 with the affirmative vote of Namibia. In accordance with the Declaration, indigenous peoples have the right to maintain their distinct identities and cultures as a basis of their development and place in the world, to pursue their own destinies under conditions of equality, and to have secure rights over lands and resources, with due regard for their traditional patterns of use and occupancy.

Like many other countries around the world that have experienced European colonization and waves of migration, indigenous groups that are in the minority in Namibia have suffered injustices in the past that leave them disadvantaged, to varying degrees, in the present. The groups with whom I met shared the common sentiment that, relative to other tribes in the country, they have not seen the promises and benefits brought by Namibia's independence in 1990 fulfilled for them. These groups have expressed to me a strong desire for greater inclusion in decision-making at all levels, to be able to genuinely set their own priorities for development, and to regain or strengthen rights over lands and natural resources, particularly lands to which they retain a cultural attachment.

I am pleased to see that Namibia has dedicated attention to the development of San and other minority indigenous communities at a high level, and I have observed some encouraging Government initiatives. Overall, however, I have detected a lack of coherent Government policy 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.

With respect to the San peoples in particular, who were the primary focus of my visit, I recognize that, especially in recent years, the Government has entered into some innovative arrangements with San tribes through which they have been able to increase their control over management of land areas and derive some substantial benefits. These include the conservancy arrangements in Tsumkwe and tourism-related concessions in Bwabwata National Park. In full consultation with the affected peoples, these kinds of innovative arrangements should be expanded and strengthened, along with greater efforts to ensure San peoples' security of land tenure, which is still in places that I visited all too vulnerable. For example, in Tsumkwe, where the the Ju/’hoansi San have recognized communal lands, outsiders have been have been erecting fences and encroaching on these lands, a problem that apparently is worsening without an adequate response by the State.

There are still also numerous San communities that were entirely dispossessed of their lands prior to independence, and those lands are now in the hands of the State and private landowners. These communities face serious social and economic conditions with scarce employment opportunities. I met with representatives of the Hai//om San tribe in Oshivelo, for example, who have for decades been living on a plot of land behind the police station as they await their long-promised lands, after having been evicted from their traditional territory in what is now the Etosha National Park in the 1950s.

In recent years the Government has embarked on a resettlement program that involves purchasing land for San and other groups. These resettlement initiatives appear to have positive elements and potential, which require further examination. However, I have learned that more needs to be done to identify adequate lands for resettlement and to develop land-use planning arrangements, in consultation with the affected San communities, as well as to provide ongoing support for the sustainable development of resettled communities.

In this connection, I believe there needs to be a reevaluation of the adequacy of measures taken in response to the removal of Hai//om people from the Etosha National Park prior to independence. I acknowledge that the purchase of farms adjacent to the park for the resettlement of some Hai//om people may be a step in right direction to provide redress for their removal from the park. However, as is the case with other resettled communities, these San communities require support in order to ensure that they can sustain themselves and thrive in the lands to which they have been resettled. Additionally, close consideration needs to be given to the unresolved claims of the Hai//om San people to lands within the Etosha National Park, as well as to their expressed desire to participate in the management of that park. Further, San people who today reside in the park should not be coerced into leaving.

All of the groups with whom I met uniformly expressed to me their strong desire for increased educational opportunities, but identified numerous barriers in this connection. Despite the guarantee in the Constitution that primary schooling be provided free of charge, and the commendable policy of the Ministry of Education to provide early schooling in indigenous languages, I have heard numerous accounts that these directives are not being effectively implemented on the ground. I also heard across the country that San children have been reluctant to attend school because they face discriminatory treatment by teachers and bullying by peers. I am concerned about reports that I heard in Opuwo that Ovahimba children are forced to cut their hair and remove their traditional dress in order to be allowed access to the public schools.

Finally, concerns were expressed among all the groups with whom I met that many communities do not have recognized traditional authorities. In absence of such recognition, minority indigenous communities are often placed under the jurisdictions of chiefs of neighboring dominant tribes, who make decisions on behalf of the minority communities. In this regard, I heard from unrecognized Ovahimba chiefs that they have not been informed about mining activities taking place on lands where the Ovahimba communities graze their livestock, an activity that is central to their livelihoods and culture. The lack of recognition of traditional chiefs is, in accordance with Namibian law, related to a lack of recognition of the minority indigenous tribes' communal lands. I will further examine this issue the other issues I have mentioned as I prepare my report.

In the following weeks, I will be reviewing the information I have received during the visit in order to develop a report to evaluate the situation of minority indigenous peoples in Namibia. This report will be made public and will be presented to the United Nations Human Rights Council. I hope that that this report will be of use in the search for solutions to the ongoing challenges that indigenous peoples in the country face, and to advance their rights in accordance with the Declaration on the Rights of Indigenous Peoples and other relevant international instruments."

 

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