Full report LR.pdf - DLIST Benguela

NACOMA Project – Preparation PhaseReview of Policy and Legislation Pertaining to Coastal Zone ManagementIt is suggested that the three facets referred to in this article, namely:1 the conservation of biological diversity;2 the sustainable use of its components; and3 the fair and equitable sharing of the benefits arising from the use of coastalresources;should underlie coastal area management of the Namibian coastline. This aspect shouldbe taken up in Namibia’s domestic legislation discussed in Section 5. below.It can be mentioned here that while Namibia is party to most contemporaryinternational environmental Conventions, it is not a party to the 1979 BonnConvention on the Conservation of Migratory Species of Wild Animals. Howeverunder the auspices of the Ministry of Fisheries and Marine Resources (MFMR)Namibia did adopt in 1999 the non-binding Memorandum of Understandingconcerning Conservation Measures for Marine Turtles of the Atlantic Coast of Africa.2.3 Environmental considerations and ownership of natural resourcesChapter 11 of the Constitution titled “Principles of State Policy” includes environmentalconsiderations in that it exhorts the government to maintain ecosystems, essentialecological processes and the biological diversity of Namibia as well as to ensuresustainable use of natural resources for the benefit of all Namibians and to desist fromallowing the dumping of toxic and nuclear waste in Namibia. Article 100 of theConstitution vests ownership of natural resources, whether in or under the sea or on land,in the State unless these are otherwise lawfully owned.Conclusion:A feature of the Namibian legal and policy setting is its close adherence, at least onpaper, to a democratic constitution based on human rights and the rule of law. TheConstitution also makes clear reference to the State’s responsibility to ensure themaintenance and proper use of ecosystems and natural resources, environmentalprotection and benefit to all Namibians of such resources and actions.6