Fabiola Beukes Contribution to AIL Assignment

Project 2 Contribution (last 2 lines)

In the early 1970s, the South African apartheid administration, in carrying out the
recommendations of the 1962 Odendaal Commission of Inquiry concerning separate
tribal homelands, unsuccessfully attempted to move the Topnaar people to the
Nama settlement at Gibeon in the south of the country. In 1990, Namibia attained
national independence and in 1994 South Africa formally transferred Walvis Bay to
Namibia. Tremendous growth and changes took place to the city of Walvis Bay and
its environs, and the Topnaar people were drawn into development and other
programs. Although modern town life and paid employment have lured some
Topnaar to the city, many remain in long-standing settlements beside the course of
the river and coastal areas. The community of about 2 000 members living along the
Kuiseb River and within the Namib Naukluft Park are the oldest residents in Namibia,
dating back to the 12th century. By now, the Topnaars are supposed to be some of
the richest people in Namibia. But unfortunately, it is not the case. In 2019 the Acting
Traditional Leader/Chief of the Topnaar community stated that they are also confined
to park rules, and do not have access to resources which are available to others, and
that makes them even poorer. In light of the above, undertake desktop research to
critically reflect on the history and cultural heritage of the Topnaar people of Namibia
and do the following;

• Identify the legal remedies that would be available to the Topnaar if you make
out a case;

If the Topnaar people, an indigenous group in Namibia, want to file a claim, they may
be able to do so through a number of legal options. Among the possible legal
remedies are:

1. Rights guaranteed by the constitution: The Topnaar people can rely on

clauses in the constitution that uphold their rights, including those to equality,
dignity, culture, and land ownership. They may contend that their rights have
been trampled upon and seek redress in accordance with these constitutional

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 safeguards. Using its rights to land, resources, and self-determination, the
community might ask for legal recognition and protection of their customs and
cultural heritage.

2. Land Claims: The Topnaar people may be able to make a claim for their
ancestral land if they have been forced off of it. This can entail pursuing
retribution or financial recompense for the harm done to their community by the
loss of their land.

3. Customary Law: The Topnaar may have their own set of rules and traditions
that regulate their community. They can use these laws to claim their rights and
seek redress based on their traditional customs. Topnaar residents could use
environmental regulations to redress any injury or damage done to their coastal
regions. They might look for solutions to pollution, overfishing, and other activities
that endanger their livelihoods and the health of their ecosystem.1.

4. International Human Rights Law: The inhabitants of Topnaar can also seek
redress under international human rights law. They can claim that their
indigenous peoples' rights have been infringed and seek restitution through
international procedures such as the United Nations Human Rights Council or
regional human rights agencies. The community could argue for the right to be
consulted and to provide free, prior, and informed consent in any decision-making
processes or development projects affecting their coastal areas and resources. 2.

5. Legal Advocacy and Lobbying: To increase awareness about their cause and
seek support from civil society organizations, human rights groups, and other
stakeholders, the Topnaar people can engage in legal advocacy and lobbying
initiatives. This can assist to magnify their voice and put pressure on the
appropriate authorities to address their concerns.

1
Environmental Management Act or similar legislation in Namibia.
2
International law principles on Indigenous peoples' rights.

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• Explain whether the “Blue Economy” concept is viable to benefit indigenous
coastal communities like the Topnaar

The 'Blue Economy' concept can indeed be viable to benefit Indigenous

coastal communities like the Topnaar. It emphasizes sustainable use of ocean
resources while promoting economic growth and social well-being. By incorporating
Indigenous knowledge and practices, the Blue Economy can empower communities
and ensure their involvement in decision-making processes. One example is the
case of the Guna Yala3 Indigenous community in Panama, where their traditional
fishing practices were recognized and protected under national law, leading to
improved livelihoods and conservation efforts 4. In the Tsumib v Government of the
Republic of Namibia case5, the central concern was the issue of land rights and the
fair distribution of land resources. The case aimed to address any existing disparities
in land ownership and ensure that everyone has an equal opportunity to access and
utilize land. The court carefully examined the arguments presented by both parties
and considered the constitutional rights of the people involved. After thorough
deliberation, the court made a decision that aimed to promote a more equitable and
inclusive land distribution system. While the 'Blue Economy' concept may not have
been directly linked to this particular case, it emphasizes the sustainable use of
ocean resources for economic growth.

In the case of indigenous coastal communities like the Topnaar, the viability of the
Blue Economy concept depends on several factors:

1. Sustainable resource management is emphasized by the Blue Economy idea.

The Topnaar community can gain economically while protecting its cultural and
natural history if it is able to manage its coastal resources, including fisheries,
aquaculture, and tourism.

2. Community Involvement: It is essential that the Topnaar community participate

in decision-making procedures and resource management. Both sustainable

3
Guna Yala case
4
UNDP, 2016).
5
Tsumib v Government of the Republic of Namibia

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development and the protection of their interests can be achieved by using their
traditional knowledge and methods.

3. Building adequate infrastructure, including ports, processing facilities, and

transportation networks, is crucial for the success of the blue economy. Additionally,
the Topnaar community's capability to engage in and profit from Blue Economy
activities can be improved by capacity building initiatives that offer training and skill
development to that community.

4. Market Access: Access to local and worldwide markets is critical for the Blue
Economy's economic success. To earn money and enhance their lifestyles, the
Topnaar community should have possibilities to market its products and services,
such as seafood, handicrafts, and ecotourism experiences.

5. Collaboration and Partnerships: The development of the Blue Economy

depends on partnerships between the Topnaar community, governmental
organizations, non-governmental organizations, and businesses. Partnerships can
offer market linkages, financial support, and technological know-how, allowing the
community to make the most of its resources.

Conclusion

The blue economy concept holds great potential in benefiting Indigenous coastal
communities like the Topnaar. By promoting effective resource management, it can
ensure the sustainable use of ocean resources while preserving cultural and
ecological values. Community involvement is key, as it allows the Topnaar to actively
participate in decision-making processes and have a say in the development and
management of their resources. Investing in infrastructure development can enhance
access to coastal areas and improve livelihood opportunities for the Topnaar.
Additionally, fostering collaboration with various stakeholders, such as government
agencies, NGOs, and businesses, can create synergies and support the Topnaar in

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accessing markets for their products and services. Overall, the blue economy
concept offers a holistic approach to empower Indigenous coastal communities like
the Topnaar, enabling them to thrive economically while preserving their cultural
heritage and protecting the environment. It's an exciting opportunity for sustainable
growth and collaboration.