E/C.12/NAM/CO/1
institutions for the promotion and protection of human rights (the Paris Principles),
namely:
(a)
Broaden the mandate of the Ombudsman: in that regard, the Committee
draws the attention of the State party to its general comment No. 10 (1998) on the role
of national human rights institutions in the protection of economic, social and cultural
rights;
(b)
Introduce a limitation on the term of the Ombudsman;
(c)
Give the Ombudsman the power to select, recruit and remunerate his or
her own staff;
(d)
Specify the source of the funds to cover the expenditures of the Office.
12.
The State party should also ensure that the provision for a tribunal to
investigate the misconduct of the Ombudsman, introduced by the 2014 constitutional
amendment, will strengthen the independent mandate and functioning of the
Ombudsman.
Human rights impact assessment
13.
While noting the publication in 2012 of notice No. 29 listing the activities subject to
environmental clearance, the Committee expresses concern at the absence of legislation
requiring a human rights impact assessment to be conducted for activities such as waste
management, mining and quarrying activities, land use and development activities, among
others (art. 2 (1)).
14.
The Committee recommends that the State party enact legislation requiring a
priori and a posteriori assessment of the impact of activities similar to those
enumerated in the 2012 notice No. 29, including on the right to work, the right to
health, the right to an adequate standard of living and the cultural rights of the
affected individuals and groups, before the issuance of clearance certificates.
Rights of indigenous peoples
15.
While noting that the State party has expressed its intention to ratify the
International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989
(No. 169), the Committee is concerned that the State party’s legislation does not recognize
communities that have self-identified as indigenous peoples. The Committee is also
concerned that indigenous peoples’ traditional uses and occupation of land are not
recognized and protected (arts. 1 (2) and 15).
16.
The Committee recommends that the State party:
(a)
Adopt a law recognizing indigenous peoples on the basis of selfidentification and protecting their rights, including the right to ownership of the lands
that they traditionally occupy or use as sources of livelihood and the respect of their
free, prior and informed consent in decision-making processes affecting their rights
and interests;
(b)
Ensure the respect of the principle of obtaining free, prior and informed
consent in development projects, such the construction of a dam in the Baynes
Mountains;
(c)
Implement the recommendations made by the Special Rapporteur on the
rights of indigenous peoples following his visit to Namibia in 2012 (see
A/HRC/24/41/Add.1);
3