Amid U.S. market fluctuations, Namibia emerges as a beacon of stability. Hosting the Southern Hemisphere Desert Conference on August 26-27, 2024, in the Namib Desert, the country will showcase its leading role in ethical mining during the global energy transition. With rich mineral reserves and a commitment to responsible management, Namibia aims to set new standards in balancing economic growth with cultural and environmental preservation.

Namibia’s mining sector, which contributes 10% to the GDP, is vital for job creation and attracting foreign investment. As a major supplier of critical minerals for renewable energy technologies, Namibia’s recent lifting of the export ban on unprocessed lithium reflects a strategy to balance economic growth with sustainability. However, this expansion threatens the Namib Desert’s archaeological sites, particularly in the Namib Naukluft National Park, where adherence to heritage regulations by prospectors is often inadequate. 

A key session at the conference, led by heritage expert John Kinahan, will highlight the importance of integrating economic development with the preservation of the Namib Desert’s ecosystem and cultural heritage. Kinahan advocates for rigorous Archaeological Impact Assessments (AIAs) alongside Environmental Impact Assessments (EIAs), noting that current compliance with the National Heritage Act is often superficial, with no mining projects halted due to heritage concerns. He calls for better community consultation, stricter standards, and the separation of heritage assessments from environmental reviews, ensuring that mining practices respect Namibia’s historical legacy. The National Heritage Act in Namibia focuses on tangible heritage, such as sites and objects of historical, cultural, or archaeological significance, while it neglects intangible heritage. The Act establishes that all archaeological finds, whether discovered or not, are the property of the state. Legal issues emerge due to the absence of specific guidelines for merging heritage protection with mining and exploration activities.

Legal reforms offer a path to ensure mining progress without sacrificing Namibia’s cultural and historical heritage.

Namibia’s Constitution backs this vision

The preamble of the Namibian Constitution encapsulates the nation’s dedication to “unity, liberty, and justice,” ideals that extend to the protection of its cultural and natural resources. This preamble embodies the spirit of post-independence Namibia—a zeitgeist characterised by a drive for unity and preservation. The emphasis on these values underscores the importance of safeguarding Namibia’s rich cultural heritage, particularly in contexts such as mining, where the potential for irreversible damage to archaeological sites is significant.

The Welfare of the people

Article 95 of the Namibian Constitution mandates the preservation of ecosystems, which is vital for cultural heritage protection. While non-justiciable, it supports the use of Archaeological Impact Assessments (AIAs) in mining. Oliver C. Ruppel points out gaps in Namibia’s enforcement of environmental and cultural rights, using the Ramatex case to highlight challenges in meeting international standards. This illustrates the need for improved implementation to protect both the environment and cultural heritage amid the energy transition.

The Ownership of natural resources

At the 11th Mining Expo, Vice President Netumbo Nandi-Ndaitwah emphasised the need for strategies that ensure economic benefits for Namibians while preserving cultural and historical values. Article 100 asserts state ownership of all natural resources, requiring their careful management. She calls this ownership “non-negotiable” and advocates for clear legal frameworks to protect these resources. Her remarks underscore the need to integrate Archaeological Impact Assessments (AIAs) to prevent heritage loss during mining.

The Ombudsman

John Walter’s examination of the Ombudsman’s role, especially under Article 25 (2) and the Ombudsman Act, highlights its pivotal function in defending human rights and ensuring government accountability. Article 91(c) of Namibia’s Constitution gives the Ombudsman the authority to tackle over-utilisation and environmental degradation. Walter emphasises how the Ombudsman’s oversight is crucial for managing mining’s impact on cultural heritage, reinforcing Namibia’s commitment to safeguarding both environmental and cultural resources. This robust oversight is key to aligning mining practices with constitutional values and ethical standards.

Cultural rights 

Namibia’s Constitution in Article 19 guarantees the right to practice and promote culture, underscoring the need for mining activities to respect community heritage. John Nakuta’s analysis of social, economic, and cultural rights in Namibia is crucial for heritage protection, highlighting that all human rights, including cultural ones, are universal and interlinked. His critique of current enforcement mechanisms reveals the necessity for stronger legal frameworks to protect cultural heritage. This supports the integration of AIAs into mining practices, ensuring they align with Namibia’s constitutional mandate to preserve community heritage.

Bio: Steyn NM Silvanus, equipped with an LLB, offers a fresh perspective on integrating ethical mining practices with heritage protection and environmental considerations.