An analysis of Uukwaluudhi communal conservancy: Alleviating or advancing rural poverty?
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Date
2010
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Publisher
University of Namibia
Abstract
This legal research presents information on the implementation of Namibia
Communal Conservancy Programme. It highlights the problems in the relationship
between the enacted Nature Conservation Amendment Act of 1996 and the customary law of the Namibia's traditional communities in the rural areas. It assesses the legal impact that Namibia's incentive-based conservation laws have put on communal areas residents' lives and find out what conservancy programme has produced in terms of the Nature Conservation Amendment Act in relation to poverty reduction within the framework of the Poverty Alleviation Strategies for Namibia of 1999. A case study on Uukwaluudhi Conservancy in the Omusati Region was used to provide information on the contributions that wildlife and tourism make to livelihoods of the Uukwaluudhi local people. The interest is to recount what has been done by the conservancy in terms of wildlife and tourism development and also to take stock of what has been accomplished by the conservancy in terms of the provisions of the Nature Conservation Amendment Act In this research, literature reveals that in Namibia, wildlife conservation was designed to operate in free-hold land long before 1968. The white commercial farmers were granted rights by the then regime to join their lands and establish conservancies for private gain. Such rights were re-enforced by the passage of the Nature Conservation Ordinance of 1975. Such rights were however not granted to communal farmers. It wildlife species, because wildlife is needed to meet the core intention of the conservancy which was to increase wildlife for trophy hunting, the sale of game, etc.
Therefore, the conservancy was extended to include sections formerly used as grazing areas by the community members for stock farming as well as crop production. As a result, people had to give up their rights to communal farmland to the conservancy, which lead to serious economic losses for those who had to be relocated. The research observed that problems of consequences suffered by rural people after loosing their communal land to conservancy include the violation of customary rights over communal land and wildlife. This situation presents m essence lack of legal mechanisms in the current conservation law (Nature Conservation Amendment Act of 1996) that protect rural communities' customary land rights. There are also elements of violations of fundamental human rights as provided for under Article 16 of the Namibian Constitution which provides for just compensation. These rural communities are_ exposed to socio-economic impact and made to face challenges during the shifting period without being compensated for that and this postulates exploitation sentiments. The conservancy financial report ended December 2008 indicates an increase of income of the conservancy as well as an increase on the wildlife population, but the findings do not reveal any local investment made neither payout of cash to local members. It however shows a lot of in-kind incomes to the local community in a form of meat and water supply to hostel of the nearby school. Nevertheless, the way in which the Uukwaluudhi Conservancy distributes its benefits which it derives from the conservancy resources remains an issue of concern. The study sugge~ts certain law reform that could bridge the gap in lack of statutory rights over communal land occupational rights. The study submits that there is no legal protection available to those affected by the change in the land tenure system, because the amended Act does not provide for any remedy. Finally, the existing conservation statute is found to be inconsistent with the Aakwaluudhi's inherent customary rights over wild animals. And for that reason, the study recommends for alternative legislative framework that addresses the issue of community rights under customary law which brings about fair treatment of rural communities if rural developments is wish to be ensured.
Description
A thesis submitted in partial fulfilment of the requirements for the Degree of Master of Laws
Keywords
Communal conservancy programme., Nature conservation, Poverty alleviation strategies