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Title: | Profession: 'poacher': new strategies to accommodate indigenous rights over natural resources |
Author: | Hinz, Manfred O.![]() |
Year: | 1999 |
Periodical: | Journal of Legal Pluralism and Unofficial Law |
Issue: | 44 |
Pages: | 15-31 |
Language: | English |
Geographic term: | Namibia |
Subjects: | environmental law nature conservation hunting |
Abstract: | This article examines the destructive impact on indigenous law in Namibia of German and South African colonial hunting law, and the consequent difficulty of establishing environmental protection laws which will be popularly observed. Modern hunting and nature conservation law is foreign to indigenous communities and lacks indigenous legitimacy. By ignoring indigenous hunting and conservation law, the imposition of modern law has created a situation of alienation in which the same behaviour is practised as 'normal' but bears a negative connotation (e.g. poaching). The concept of conservancy is a possible alternative to the colonial, or modern, hunting and nature conservation law. A conservancy is a demarcated piece of communal land in which a group of residents are granted the right of sustainable management and utilization of game. The recent move towards conservancies in Namibia in the 1990s was welcomed and supported by the traditional authorities, and the planning process led to community involvement. A crucial issue is the relationship between conservancy committees and traditional authorities. The committees will either develop into independently acting bodies or be integrated into the traditional structures. Bibliogr., notes, ref. |