NAM- International treaties – CBD
RATIFIED INTERNATIONAL INSTRUMENTS
Namibia
CONVENTION ON BIOLOGICAL DIVERSITY (CBD)
Art.1
The legal framework reflects the objective of biodiversity conservation and the sustainable use of these elements.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Part 1 Preliminary Provisions Objects of Act Article 2 (extract): The objects of this Act are to provide for the conservation, evaluation and sustainable use of biological and genetic resources and associated traditional knowledge to - (a) maintain and improve their diversity as a means of sustaining life support systems; [...] |
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Constitution of the Republic of Namibia
Article 95 Promotion of the Welfare of the People (extract): The State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at the following: [...] (l) maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilization of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future; [...] |
Art.1
The legal framework allows for the establishment of mechanisms for sharing the benefits generated by the use of genetic resources (including those related to wildlife), such as satisfactory access to genetic resources and appropriate transfers of technology.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Objects of Act Article 2 (extract): […] (c) provide arrangements and procedures including measures for accessing biological or genetic resources of Namibia and associated traditional knowledge, their products and derivatives for purposes regulated under this Act subject to the prior informed consent of the rights holders and mutually agreed terms; [...] |
Art.2
The legal framework defines “sustainable use.”
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Definitions Article 1 (extract): In this Act, […] “sustainable use” means the use of components of the environment in a way and at a rate that does not lead to the long-term decline of the resources and the environment, thereby maintaining its potential to meet the needs and aspirations of present and future generations; [...] |
Art.2
The legal framework defines “in situ and ex situ conservation.”
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Definitions Article 1 (extract): In this Act, unless the context otherwise indicates […] “ex situ” means a condition wherein biological and genetic resources are housed, planted, stored, kept or found outside their natural ecosystem or habitats such as herbariums, research institutions, universities, botanical gardens, private collections and any other similar conservation centres; [...] “in situ” means a condition in which biological and genetic resources are found in their natural habitat or ecosystem; [...] |
Art.2
The legal framework defines "biodiversity" as the variability of living organisms from all sources and includes not only diversity within species and between species but also that of the ecosystems and ecological complexes of which they are part.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Definitions Article 1 (extract): In this Act, […] “biological diversity” or “biodiversity” means variability among living organisms from all sources including, among others, terrestrial, marine and aquatic ecosystems and the ecological complexes of which they are a part, and including diversity within species, between species and ecosystems; [...] |
Art.3
The legal framework reflects the responsibility of the State to ensure that activities carried out under its jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
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Constitution of the Republic of Namibia
Article 95 Promotion of the Welfare of the People (extract): The State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at the following: [...] (l) maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilization of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future; [...] |
Art.5
The legal framework encourages the cooperation with other Contracting Parties (directly or, where appropriate, through competent international organizations) in respect of areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and sustainable use of biodiversity.
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Namibia's Second National Biodiversity Strategy and Action Plan
Chapter 3 Section 3.3 Key Priorities of NSBAP2 Subsection 3.3.8 Enhancing Regional Cooperation (extract): Namibia recognizes the critical importance of the transboundary management of natural resources […] on energy, tourism, fisheries, watercourses, wildlife and law enforcement, and forestry [...] also seeks to identify new areas of cooperation at the regional level. [...] |
Art.6 (a)
National strategies, plans or programmes for the conservation and sustainable use of biodiversity (including wildlife) exist, and/or the legal framework allows for their development or the adaptation of other existing national plans.
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Namibia's Second National Biodiversity Strategy and Action Plan
Chapter 1 Section 1.1 Background Information (extract): […] this document is the key national level implementing instrument […] seek to promote […] conservation of biological diversity; [...] sustainable use of its components; [...] |
Art.6 (b)
The legal framework allow for the integration of conservation and sustainable use of biodiversity into relevant sectoral and cross-sectoral policies.
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No relevant elements identified/documented |
Art.7 (a)
The legal framework allows for the identification of components of biodiversity that are important for its conservation and sustainable use, having regard to the indicative list of categories set down in Annex I (ecosystems and habitats, species, genomes and genes).
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Namibia's Second National Biodiversity Strategy and Action Plan
Chapter 1 Section 1.2 Namibia's Biological Diversity Subsection 1.2.1 Diversity of Ecosystems (extract): Namibia is classified into four terrestrial biomes (Desert; Nama and Succulent Karoo; Acacia Savanna; and Broad-leafed Savanna), and two aquatic biomes (Coastal Marine; and Wetlands). Subsection 1.2.2 Species Diversity (extract): [...] Namibia has a relatively low number of species compared to countries with wetter climates. However, it possesses a high level of endemism, with approximately 20% of described species classified as endemic.[...] |
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Nature Conservation Ordinance
Chapter 2 Game Parks, Nature Reserves, Conservancies and Wildlife Councils Etosha National Park Article 13 Section 1 (extract): The area defined in Schedule 2 and known as the Etosha National Park shall be a game park for the propagation, protection, study and preservation therein of wild animal life, wild plant life and objects of geological, ethnological, archaeological, historical and other scientific interest and for the benefit and enjoyment of the inhabitants of Namibia and other persons. [...] Schedule 3 Specially Protected Game: Hartmann Zebra [...], Rhinoceros [...] Schedule 4 Protected Game: [...] Animals [...] Birds [...] |
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Water Resources Management Act
Part 14 Water Protection Areas Article 85 Section 1: The Minister, on his or her own initiative or upon application by persons having an interest, may declare, by notice in the Gazette, an area to be a water protection area if the Minister considers it advisable in order to protect and enhance any water resource, riverine habitat, watershed, ecosystem or other environmental resource [...] |
Art.7 (b)
The legal framework allows for the monitoring, through sampling and other techniques, of the components of biodiversity, as well as enhanced monitoring of those that require urgent conservation measures and/or offer the greatest potential for sustainable use.
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Water Resources Management Act
PART 16 Water Services Plans and Efficient Water Management Practices Section 90. (1): The Minister may by regulation require water services providers and bulk water users, as defined in the regulations, to develop and adopt water services plans, including waterconservation and water demand management strategies, in accordance with procedures and criteria set out in the regulations [...] |
Art.7 (c)
The legal framework allows for the identification of processes and categories of activities having or likely to have significant adverse impacts on the conservation and sustainable use of biodiversity, and for the monitoring of their effects through sampling and other techniques.
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Namibia's Second National Biodiversity Strategy and Action Plan
Chapter 2 Section 2.2 Promoting Participation and Consultation (extract): […] A regional consultation process was undertaken to raise awareness of NBSAPs in general at local level, to establish the status quo of existing biodiversity initiatives in the regions and to determine regional priorities and possible interventions in the development and implementation of the NBSAP2. [...] |
Art.7 (d)
The legal framework allows for the collection and organization of data derived from identification and monitoring activities pursuant to subparagraphs (a), (b) and (c) of article 7 of CBD, by any mechanism.
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No relevant elements identified/documented |
Art.8 (a)
The legal framework allows for the creation of a system of protected areas or areas where special measures are taken to conserve biological diversity.
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Water Resources Management Act
PART 14 Water Protection Areas Section 85 (1): The Minister, on his or her own initiative or upon application by persons having an interest, may declare, by notice in the Gazette, an area to be a water protection area if the Minister considers it advisable in order to protect and enhance any water resource, riverine habitat, watershed, ecosystem or other environmental resource that is at risk of significant changes to resource quality, depletion, contamination, extinction or disturbance from any source, including aquatic or terrestrial weeds. [...] |
Art.8 (b)
The legal framework allows for the development of guidelines for the selection, establishment and management of protected areas or areas where special measures are taken to conserve biodiversity.
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Nature Conservation Ordinance
Section 13 Etosha National Park: The area defined in Schedule 2 and known as the Etosha National Park shall be a game park for the propagation, protection, study and preservation therein of wild animal life, wild plant life and objects of geological, ethnological, archaeological, historical and other scientific interest and for the benefit and enjoyment of the inhabitants of Namibia and other persons. |
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National Policy on Prospecting and Mining in Protected Areas
Annexure 2 Protected Areas excluded from exploration and mining (extract): Map of Namibia indicating Protected Areas excluded from prospecting and mining. [...] Annexure 3 Protected Areas to be excluded from prospecting and Mining (extract): Description of Protected Areas to be excluded from prospecting and Mining; Name of Park, size and Justification for exclusion [...] |
Art.8 (c)
The legal framework allows for the regulation or management of biological resources important for the conservation of biodiversity, within or outside protected areas, to ensure their conservation and sustainable use.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Article 2 (extract): […] (d) develop and promote appropriate mechanisms for a fair and equitable sharing of benefits arising from the use of genetic resources and associated traditional knowledge; [...] |
Art.8 (d)
The legal framework allows for the protection of ecosystems and natural habitats, and for the maintenance of viable populations of species in natural surroundings.
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Namibia's Draft Wetland Policy
Background Information Section 1: a) [...] categories are - Coastal wetlands including estuaries, deltas, river mouths, tidal lagoons, islands and the rocky shoreline to a depth of 6m; - Perennial, ephemeral and seasonal rivers and streams and their floodplains; [...] - Marshes, swamps and vleis [...] b) [...] To date Namibia has designated four wetlands as Ramsar sites (wetlands of International importance) viz. the Walvis Bay Lagoon, Sandwich Harbour Lagoon, the Orange River Mouth and the Etosha Pan [...] |
Art.8(e)
The legal framework allows for the promotion of environmentally sound and sustainable development in areas adjacent to protected areas as a way to increase their protection.
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No relevant elements identified/documented |
Art.8 (f)
The legal framework allows for the rehabilitation and restoration of degraded ecosystems, in particular through the development and implementation of management plans or strategies.
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Sustainable Development Goals and Fifth National Development Plan Indicator Framework Namibia
Goal 15 Targets (extract): 15.1 By 2020, ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular forests, wetlands, mountains and drylands, in line with obligations under international agreements; 15.2 By 2020, promote the implementation of sustainable management of all types of forests, halt deforestation, restore degraded forests and substantially increase afforestation and reforestation globally. [...] |
Art.8 (f)
The legal framework allows for the promotion of the recovery of threatened species, in particular through the development and implementation of management plans or strategies.
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No relevant elements identified/documented |
Art. 8 (g)
The legal framework allows for the regulation, management or control of risks associated with the use of living modified organisms resulting from biotechnology likely to have adverse effects on the conservation and sustainable use of biodiversity, taking also into account risks to human health.
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Biosafety Act
Chapter 1 Preliminary Article 2 Ojectives (extract): The objectives of this Act are (a) to introduce a system and procedures for the regulation of genetically modified organisms in Namibia in order to provide an adequate level of protection to the conservation and sustainable use of biological diversity, [...] (b) to provide a framework for responsible research, development and the use of genetic engineering and to manage the risks posed by or as a result of gene technology by regulating activities involving the development, production, use, import, export, transport, release into the environment, marketing and other uses of genetically modified organisms and genetically modified products. |
Art.8 (h)
The legal framework allows for preventing the introduction of, controlling or eradicating alien species that threaten ecosystems, habitats or species.
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Biosafety Act
Section 2 (extract): [...] (a) to introduce a system and procedures for the regulation of genetically modified organisms in Namibia in order to provide an adequate level of protection to the conservation and sustainable use of biological diversity, taking into account - (i) potential risks to the health and safety of humans and harmful consequences to the environment posed by genetically modified organisms or genetically modified products; and [...] |
Art.8 (j)
The legal framework allows for the respect, preservation and maintenance of the knowledge and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biodiversity, and encourages the equitable sharing of benefits arising from the use of such knowledge, innovations and practices.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Definitions Article 1 (extract): In this Act, […] “biological diversity” or “biodiversity” means variability among living organisms from all sources including, among others, terrestrial, marine and aquatic ecosystems and the ecological complexes of which they are a part, and including diversity within species, between species and ecosystems; [...] |
Art.8 (k)
The legal framework allows for the protection of threatened species and populations.
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Controlled Wildlife Products and Trade
Act Schedule 1 Section 1 (extract): [...] (1) Subject to paragraph 2 and 3 no person may possess, manufacture any object from, deal in, import into, or export from Namibia any tusk, horn, head, ear, trunk, skin, tail or foot or any part thereof, of any elephant or rhinoceros, or any part of any species or other specimen mentioned in Appendix I unless the action in question is authorised by a permit. […] |
Art. 9 (a)
The legal framework allows ex situ conservation of the components of biodiversity (including fauna), preferably in the country of origin of the components.
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No relevant elements identified/documented |
Art.9 (b)
The legal framework allows for the creation and maintenance of facilities for ex situ conservation of, and research on, animals and micro-organisms, preferably in the country of origin of genetic resources.
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No relevant elements identified/documented |
Art.9 (c)
The legal framework allows for the recovery and rehabilitation of threatened species and their reintroduction into their natural habitats under appropriate conditions.
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Sustainable Development Goals and Fifth National Development Plan Indicator Framework Namibia
Goal 15 Targets (extract): [...] 15.5 Take urgent and significant action to reduce the degradation of natural habitats, halt the loss of biodiversity and, by 2020, protect and prevent the extinction of threatened species. [...] |
Art.9 (d)
The legal framework allows for the regulation and management of the collection of biological resources from natural habitats for ex situ conservation purposes to ensure that it does not threaten in-situ ecosystems and species.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Access Permit Article 8 (extract): (1) A person who intends to access biological and genetic resources in Namibia, found in both in situ or ex situ conditions or parts of such biological and genetic resources, their derivatives, products, including synthetic products, and wherever applicable, intangible components, including genetic information or gene sequences, and associated traditional knowledge, must apply for an access permit in the prescribed form and manner [...] |
Art.10 (a)
The legal framework allows for the integration of conservation and sustainable use of biodiversity considerations into national decision-making.
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No relevant elements identified/documented |
Art.10 (b)
The legal framework allows for the adoption of measures relating to the use of biological resources that avoid or minimize adverse impacts on biodiversity.
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No relevant elements identified/documented |
Art.10 (c)
The legal framework allows for the protection and promotion of the customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Rights in relation to Biological and Genetic Resources and Associated Traditional Knowledge Article 5 (extract): [...] (2) The rights in relation to traditional knowledge and technologies associated with any biological and genetic resource vest in the particular local community which holds and applies such knowledge for the sustainable conservation of the genetic resource. [...] |
Art.10 (d)
The legal framework allows for the adoption of measures to support local populations in the development and implementation of remedial action in degraded areas where biodiversity has been reduced.
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Third National Action Programme for Namibia to Implement the United Nations Convention to Combat Desertification 2014-2024
Chapter 3 Section 3.2 Desertification, Land Degradation and Drought post Rio+20 summit (extract): [...] to support and strengthen the implementation of the UNCCD, and to take coordinated action (nationally, regionally and internationally) in accordance with the UNCCD to monitor globally land degradation and restore degraded lands in arid, semi-arid and dry sub-humid areas. [...] |
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Namibia's Second National Biodiversity Strategy and Action Plan
Chapter 4 Section 4.4 Strategic Goal 4 Subsection 4.4.1 (extract): Target 13: By 2022, ecosystems that provide essential services and contribute to health, livelihoods and well-being are safeguarded, and restoration programmes have been initiated for degraded ecosystems covering at least 15 per cent of the priority areas. |
Art.10 (e)
The legal framework allows for a public–private cooperation in developing methods for sustainable use of biological resources.
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Third National Action Programme for Namibia to Implement the United Nations Convention to Combat Desertification 2014-2024
Chapter 2 Section 2.3 Land Management Policies and Practices to address Desertification, Land Degradation and Drought Section 2.3.1 Agriculture Sector (extract): [...] The Green Scheme, an initiative of the MAWF, seeks to make use of these areas for increased agricultural production through irrigation. The Scheme follows a Public-Private Partnership (PPP) approach to implementation. There is a strong emphasis on social equity with most schemes open to small-scale communal farmers as well as commercial investors, while adjacent rural communities are prioritised to benefit from employment [...] |
Art.11
The legal framework allows for the adoption of economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biodiversity.
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No relevant elements identified/documented |
Art.12 (a)
The legal framework allows for the establishment of programmes for scientific and technical education and training in measures for the identification, conservation and sustainable use of biodiversity and its components.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Biological and Genetic Resources and Associated Traditional Knowledge Office Article 6 Subsection 3(g): The powers and functions of the Office are to collect, analyse and disseminate information on access to biological and genetic resources and associated traditional knowledge, and to educate users and local communities concerning their respective rights and obligations in terms of this Act; |
Art.13
The legal framework allows for the promotion and encouragement of activities directed at raising public education and awareness on the importance of biodiversity.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Biological and Genetic Resources and Associated Traditional Knowledge Office Article 7 Subsection 2(c): The monies received in terms of subsection (1) may be utilised to create awareness about and provide training and education in the field of biological and genetic resources and associated traditional knowledge; |
Art.14 (1-a)
The legal framework allows for environmental impact assessment of projects likely to have significant adverse effects on biodiversity, and for public participation where appropriate.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Biological and Genetic Resources and Associated Traditional Knowledge Office Article 6 Subsection 3(o): The powers and functions of the Office are to monitor and evaluate, at regular intervals the impacts of access and benefit sharing activities on taxa threatened by deterioration or extinction and of places threatened by a serious loss of biological diversity or threats to sustainable development, and to develop procedures to identify and disseminate information regarding impacts on biological and genetic resources; |
Art.14 (1-b)
The legal framework allows for due consideration of environmental consequences of national programmes and policies likely to have significant adverse impacts on biodiversity.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Biological and Genetic Resources and Associated Traditional Knowledge Office Article 6 Subsection 3(o): The powers and functions of the Office are to monitor and evaluate, at regular intervals the impacts of access and benefit sharing activities on taxa threatened by deterioration or extinction and of places threatened by a serious loss of biological diversity or threats to sustainable development, and to develop procedures to identify and disseminate information regarding impacts on biological and genetic resources; |
Art.14 (1-c)
The legal framework promotes, based on reciprocity, collaboration with other States, through notification, exchange of information and consultation, on activities likely to have significantly adverse effects on biodiversity beyond the limits of national jurisdiction.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Biological and Genetic Resources and Associated Traditional Knowledge Office Article 6 Subsection 3(r): The powers and functions of the Office are to cooperate and liaise with other governmental bodies and private institutions and other relevant stakeholders in pursuance of the objectives of this Act and of any other national laws, policies, objectives and programmes; |
Art.14 (1-d)
In the case of imminent or grave danger or damage, originating under the State's jurisdiction or control, to biological diversity within the area under jurisdiction of other States or in areas beyond the limits of national jurisdiction, the legal framework allows for:
- immediate notification to potentially affected States; and
- adoption of measures to prevent or minimize such danger or damage.
- immediate notification to potentially affected States; and
- adoption of measures to prevent or minimize such danger or damage.
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Access to Biological and Genetic Resources and Associated Traditional Knowledge Act
Biological and Genetic Resources and Associated Traditional Knowledge Office Article 6 Subsection 3(r): The powers and functions of the Office are in consultation with relevant authorities, to designate one or more organs of State as checkpoints to execute the monitoring obligations of the State in terms of the Nagoya Protocol; |
Art.14 (1- e)
The legal framework allows for the establishment of national arrangements for emergency responses to activities or events, whether caused naturally or otherwise, that present a grave and imminent danger to biodiversity, and encourages international cooperation to supplement national efforts (including through the adoption of joint contingency plans).
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No relevant elements identified/documented |