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

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