NAM- Statutory law - Human wildlife conflict
Human wildlife conflicts

Namibia
Summary
The Primary legislation governing human–wildlife conflict (HWC) in Namibia includes the Nature Conservation Ordinance, 1975 and the Revised National Policy on Human Wildlife Conflict (HWC) Management (2018–2027).
Section 20 of the Nature Conservation Ordinance, 1975 allows for killing dangerous animals in self-defence or defence of others. Sections 26 and 27 permit landowners or occupiers to kill protected game in defence of life or livestock, but only when the threat is imminent. Section 53 gives the Minister of Environment, Forestry and Tourism the authority to declare wild animals as problem animals in all or part of Namibia. Landowners or lessees can hunt problem animals on their land or appoint others to do so, and authorized officials can hunt problem animals with notice where possible. All killings must be reported to authorities within ten days. Reporting of problem animal incidents is mandatory under the Ordinance and related policies.
The Revised National Policy (2018–2027) and 2013 Guidelines require use of an event/incident book and data form for monitoring. Authorized staff or conservancies must report the destroyed problem animals within ten days; failure to report may result in fines or jail time as per Sections 18, 20, 23 or 26 of the Nature Conservation Ordinance, 1975. The Revised National Policy (2018–2027) mandates investigating insurance schemes for human deaths, injuries and livestock losses due to wildlife. Compensation funds should be sourced from the national budget, development partners or the Game Products Trust Fund, and paid via an insurance company or dedicated fund. Neutral conflict resolution methods are not addressed in the current legislation. The HWC Self Reliance Scheme provides partial compensation for livestock, crop losses and human harm. Livestock must be reported within one day and verified before payment; crop compensation is limited to elephants, buffaloes and hippos and only for certain crops. Payment rates include NAD 100 000 for human death, NAD 3 000 for a cow, NAD 250 for one-quarter of a hectare of crop damage, and others as detailed; the Minister may adjust these amounts.
Public consultation in HWC management is governed by the Guidelines for Conservancies, 2013. These guidelines require periodic policy reviews every five years with public involvement. Stakeholder engagement is mandatory in reviewing strategies.
The Game Products Trust Fund supports compensation for HWC. Funds support wildlife conservation, rural development and human–wildlife relations, and are sourced from Parliament, donations and other revenues. Allocation considers returning funds to the areas of origin and conservation objectives.
The Ministry of Environment, Forestry and Tourism (MEFT) is the main authority regulating HWC. MEFT and the Directorate of Wildlife and National Parks conduct investigations into HWC incidents. MEFT field staff work closely with communities and partners to establish and manage conservancies, including monitoring for HWC. The Revised National Policy (2018–2027) promotes cross-ministerial collaboration and stakeholder consultation in managing HWC. MEFT should coordinate with other ministries, non-governmental organizations and regional bodies, though no mandatory mechanisms are established. MEFT is tasked with creating coordination units at national and regional levels.
No dispute mechanisms or special tribunals for HWC are provided in the legislation.
HUMAN-WILDLIFE CONFLICTS
GENERAL REQUIREMENTS
The primary legislation addressing human–wildlife conflicts (HWC) in Namibia is the Nature Conservation Ordinance, 1975 along with the Revised National Policy on Human Wildlife Conflict (HWC) Management (2018–2027).
Section 20 of the Nature Conservation Ordinance, 1975 permits the killing of a dangerous animal in self-defence or in defence of others in a protected area (game park or nature reserve). Further, Sections 26 and 27 allow landowners or lessees, as well as occupiers of communal land, to kill specially protected game and protected game on the occupier’s land if in defence of a human life or to prevent a human being from being injured, or to protect the life of any livestock, poultry or domestic animal of such owner, lessee or occupier. The latter exception applies only while the life of the livestock, poultry or domestic animal is actually being threatened (i.e. while the specially protected game is actively attempting to kill the livestock).
For other categories of animals, Section 53 of the Nature Conservation Ordinance, 1975 grants the Minister of Environment, Forestry and Tourism the authority to declare any wild animal a problem animal throughout Namibia or within specified part(s) of Namibia. Any landowner or lessee may hunt, engage or request any other person at any time to hunt, or assist in the hunting of any problem animal found on their land while the animal is present on the land. This Ordinance also authorizes any nature conservator or other person authorized by the Minister of Environment, Forestry and Tourism to hunt any problem animal and to enter any land without the consent of the owner or lessee to do so (although notice of presence on the land is required where possible).
The reporting of such incidents in writing to the nearest nature conservator or police officer is required within ten days after the killing. The Revised National Policy on HWC Management (2018–2027) provides for the use of an event/incident book system and the HWC Data form for monitoring and evaluation of the HWC. Further, the Guidelines for Management of Conservancies and Standard Operating Procedures, 2013 provide for authorized staff members and local wildlife management units of the Ministry of Environment, Forestry and Tourism (MEFT) (including conservancies) to report the hunting of problem animals that have been destroyed. Authorized staff members must report to the director responsible for Wildlife and National Parks within ten days and conservancies must report to MEFT. Any person who fails to report such a killing is liable for the sanctions ranging from fines to jail time under the Nature Conservation Ordinance, 1975. The Guidelines for Management of Conservancies and Standard Operating Procedures, 2013 provide for public participation in devising strategies to manage HWCs, including policy and legal reviews by MEFT every five years.
The Revised National Policy on HWC Management (2018–2027) provides for compensation through the HWC Self Reliance Scheme. The Scheme applies to both conservancy and non-conservancy areas on state land and resettlement farms, but not private land. Under this scheme, compensation is available for livestock losses at rates that do not cover the full value of the animal concerned but aim to partially offset the loss to the farmer. Livestock covered under this scheme include cattle, goats, sheep, donkey, horse and sheep. Livestock losses must be reported within one day and verified by officials, with payments made only if reasonable preventative measures were taken. Crop damage compensation is limited to losses caused by elephants, buffaloes and hippopotamuses and covers only maize, millet, sorghum and vegetables. No compensation is available for other types of crops and the policy does not establish criteria for determining which crops are eligible. Compensation for damage to crops and human death and injuries is also covered, with payment according to a rate determined by the government. Currently, compensation includes NAD 100 000 for funeral expenses and related costs for a human death and different amounts allocated depending on the severity of the injury, ranging from NAD 10 000 to NAD 50 000. Compensation for livestock and crops depends on the species and amount of land affected, ranging from NAD 3 000 for cattle to NAD 500 for a goat, and NAD 250 for one-quarter of a hectare to NAD 1 000 for one hectare of crop damages. The Minister of Environment, Forestry and Tourism may adjust the compensation amount, but the legislation does not address the formula for determining or reviewing such an adjustment. In practice, the Ministry provides NAD 10–15 million/year in compensation under the Scheme, with more compensation generally provided for conservancies that have less income and are more impoverished. Funds for this scheme are sourced in part from conservancy quotas and revenue and in part from donors.
The Revised National Policy on HWC Management (2018–2027) also provides for MEFT to investigate and establish an insurance scheme for payments to parties whose family members die or are severely injured as a result of HWC with funding from MEFT’s annual budget, development support partners and the Game Products Trust Fund and distributed by a professional insurance company or a HWC Fund. The Game Products Trust Fund is established under the Game Products Trust Fund Act, 1997 and supports HWC compensation for HWC. It is comprised of funds from a range of sources, including money appropriated by Parliament. The HWC Insurance Scheme is meant to replace the HWC Self Reliance Scheme. In practice, the insurance schemes are still being tested and developed. Neutral conflict resolution services such as mediation of compensation claims and arbitration of claims are not addressed by the legislation.
INSTITUTIONAL FRAMEWORK RELEVANT TO HUMAN-WILDLIFE CONFLICTS
INSTITUTIONAL SET-UP
The main authority in regulating human–wildlife conflict (HWC) is the Ministry of Environment, Forestry and Tourism (MEFT). MEFT implements the Nature Conservation Ordinance, 1975 and its provisions addressing HWC, together with the Directorate of Nature Conservation and Recreation Resorts established under this Ordinance and led by the Director of Nature Conservation and Recreation Resorts, appointed by the Minister, and the Nature Conservation Board. The Minister may also appoint “suitable” persons to be nature conservators, who are responsible for investigating compliance with this Ordinance, including in relation to HWC and defence killings of dangerous and problem animals (Sections 79–81).
The Revised National Policy on HWC Management (2018–2027) and Guidelines for Management of Conservancies and Standard Operating Procedures, August 2013 also designates MEFT as the lead agency responsible for managing HWC in Namibia and overseeing wildlife management and compliance in conservancies (including HWC).Under these guidelines, MEFT field staff in the directorate responsible for wildlife management play the main implementing role within MEFT and will work with communities from the first step in establishing the conservancy. MEFT is responsible for establishing coordination forums for community conservancies, liaising and networking with partners such as non-governmental organizations, private sector, other government departments, regional councils and donors. In parallel, the National Policy on HWC Management (2018–2027) states that MEFT may support local communities, relevant local authorities, regional councils and private entities to develop and implement appropriate HWC management and mitigation plans.
The Guidelines for Management of Conservancies and Standard Operating Procedures, August 2013 also establish criteria for the conservancy constitutions, which is the formal written agreement between all conservancy members on how they will govern themselves (i.e. how they will organize and rule themselves, and how they will conduct their business). The conservancy committee is mandated by these constitutions under Section 24A of the Nature Conservation Ordinance, 1975 to represent the communities and manage conservancy funds, which can include those relating to HWC. Further, the Guidelines for the Management of Conservancies and Standard Operating Procedures, August 2013 recognize that traditional authorities play a critical role in land management and conservation in communal areas, requiring that conservancies obtain the written endorsement of traditional authorities on major land-use decisions and that conservancies and traditional authorities define their respective roles clearly in the conservancy constitution. The legislation does not address dispute mechanisms or thematic tribunals for HWC-related matters.
INSTITUTIONAL COOPERATION AND COORDINATION
The Revised National Policy on Human Wildlife Conflict (HWC) Management (2018–2027) generally provides that the Ministry of Environment, Forestry and Tourism (MEFT) must work closely with other line ministries such as the Ministry of Agriculture, Fisheries, Water and Land Reform to ensure that the plans and activities of these ministries incorporate human–wildlife conflict (HWC) management, without addressing instances for mandatory coordination or procedures or mechanisms through which coordination can be achieved. In determining HWC offsets, the policy outlines that MEFT must consult with stakeholders, such as the traditional authorities, regional councils, non-governmental organizations and line ministries on how best to manage HWC. The Revised National Policy on HWC Management (2018–2027) also requires that MEFT create a coordination unit on HWC management issues at the national level and assign a specific office in each region focused on HWC management. This policy also outlines amendments to the Nature Conservation Ordinance, 1975 necessary to allow for the delegation of a staff member or staff members responsible for management of Wildlife and National Parks in MEFT to determine whether a problem animal should be destroyed and the authority responsible (MEFT personnel or a local management unit to which authority has been delegated by MEFT). These amendments are still ongoing.
The Guidelines for Management of Conservancies and Standard Operating Procedures, August 2013 also assign MEFT with the responsibility of establishing coordination forums for community conservancies, liaising and networking with partners such as non-governmental organizations, private sector, other government departments, regional councils and donors.