Diamond Exploration and the San in Namibia: Toward a Legal History

Abstract

The Ju/'hoansi are a poor people with few resources living in the Kalahari Desert along the border between Namibia and Botswana. In Namibia, 200 of them occupy their traditional lands in the Nyae Nyae Conservancy, living under customary law with some measure of control over their lands. Diamond exploration occurs in many parts of Namibia but includes substantial instrusion on Ju/'hoansi lands, with almost no legal protections. Namibia, as a developing nation with its own problems, relies extensively on diamond exports and has a mining law that encourages these explorations. In a world with increasing demands on natural resources, existing legal regimes to protect indigenous peoples are inadequate.

Colonialism, Land, Ethnicity, and Class: Namibia after the Second National Land Conference

“…As a human rights lawyer opined:The constitution is not the problem – the problem is lack of creativity, innovation and work ethic on the part of those who must implement land reform, and the sheer greediness of many of the existing land owners who seem not to understand the terrible urgency for the need for proper land reform. (Smith, 2018)Already in 2008, a High Court judgement in “Kessl versus the Ministry of Lands and Resettlement” (Glinz, 2009), while dismissing the government’s efforts to expropriate four farms of German owners, outlined clear guidelines on how to implement expropriation according to the rule of law (Harring and Odendaal, 2008).…”