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Managing Natural Resources in Namibia- Mining And i MANAGING NATURAL RESOURCES IN NAMIBIA The Mining and Fisheries Sectors Riza Aryani Mobeen Irshad Bhatti Joanna Eileen Capones Andreina Martínez Caitlin O’Donnell Mevelyn Ong Erika Yvonne Piquero Ketaki Purohit Amy Slipowitz Katherine Sullivan Lauren Waugh Haotian Zhang Faculty Supervisor: Professor Jenik Radon School of International & Public Affairs, Columbia University Spring 2016 ii TABLE OF CONTENTS Acknowledgements ............................................................................................................................. iv Methodology ......................................................................................................................................... v Other Reports ...................................................................................................................................... vi List of Abbreviations ......................................................................................................................... vii Executive Summary ............................................................................................................................. x List of Recommendations ................................................................................................................. xv Introduction .......................................................................................................................................... 1 Economics ............................................................................................................................................ 4 Governance and Media ..................................................................................................................... 24 Environmental Issues ........................................................................................................................ 46 Social Issues ........................................................................................................................................ 57 The Mining Sector ............................................................................................................................. 70 The Fisheries Sector ........................................................................................................................ 107 Conclusion ........................................................................................................................................ 122 Annexure 1 ........................................................................................................................................ 125 Annexure 2 ........................................................................................................................................ 127 Annexure 3 ........................................................................................................................................ 132 Annexure 4 ........................................................................................................................................ 133 Annexure 5 ........................................................................................................................................ 134 Team Biography ............................................................................................................................... 136 iii ACKNOWLEDGEMENTS The Namibia Capstone team would like to acknowledge the individuals and organizations that provided invaluable assistance in the creation of this report: Professor Jenik Radon, the Capstone advisor, for his support and expertise. The Institute for Public Policy Research (IPPR) for graciously hosting the Capstone team in Namibia, sharing their valuable insights and facilitating our work in country. Columbia University’s School of International and Public Affairs and Columbia Law School for providing financial support for this project. The more than 30 interviewees from government organizations, civil society, UN agencies, the donor community, the private sector, academia and others who generously offered their time to meet with us in Namibia and elsewhere, and for their invaluable guidance. Responsibility for errors and omissions rests solely with the authors, and no other person or institution. iv METHODOLOGY This Report was developed through extensive literature review and desk research; interviews in New York, Namibia and elsewhere; and collective group discussion, all under the guidance of Professor Jenik Radon, Esq. From January 2016 to May 2016, a team of seven graduate student authors from the School of International and Public Affairs (SIPA) and five from Columbia Law School (CLS), at Columbia University, New York, worked to bring the report to fruition. The Capstone project client is the Institute for Public Policy Research (IPPR) in Namibia, a not-for-profit organization focused on producing independent research on social, political and economic issues. The target audiences of the report are stakeholders in Namibia’s development including the government, public sector institutions, private sector, media organizations and civil society. In March 2016, the Capstone team traveled to Namibia for a week, where the members conducted interviews with stakeholders in Windhoek, and fieldwork at mining and fishing sites in Swakopmund and surrounding areas. Fieldwork consisted of interviews and tours of active mining and fishing sites. Data collected firsthand during the trip complemented prior research, and enabled new insights. Interviews were conducted with government officials, legal experts, journalists, academics, members of civil society organizations, mining and fishing company representatives, embassy officials, representatives of donor agencies and community members. Some of the interviewees expressed their wish to maintain anonymity. The extensive literature review has drawn from reports of government publication and legal documents, national and international organizations, private companies’ publications, books and scholarly articles, and credible news sources. The diversity of sources and the engagement of primary and secondary sources are both valuable features of the research. Additionally, the diversity in the background of the authors from varied professional and academic training in human rights, environmental science, investment and trade, civil and common law countries, and their fields, confers rich nuance to this report. v OTHER REPORTS Managing Natural Resources in Namibia: The Mining and Fisheries Sectors is published by the School of International and Public Affairs (SIPA) at Columbia University as part of a series on natural resource management and development in Africa, Asia and Latin America. Other publications include: • Oil: Uganda’s Opportunity for Prosperity (2012) • Politics and Economics of Rare Earths (2012) • China, Natural Resources and the World: What Needs to be Disclosed (2013) • Mozambique: Mobilizing Extractive Resources for Development (2013) • Colombia: Extractives for Prosperity (2014) • Tanzania: Harnessing Resource Wealth for Sustainable Development (2014) • Mining in Peru: Benefiting from Natural Resources and Preventing the Resource Curse (2015) vi LIST OF ABBREVIATIONS ACA Anti-Corruption Act, 2003 ACC Anti-Corruption Commission ACHPR African Charter on Human and Peoples’ Rights APAI African Platform on Access to Information ATI Access to Information AU African Union BBC British Broadcasting Corporation BIT Bilateral Investment Treaties BoN Bank of Namibia Codelco Corporación Nacional del Cobre de Chile Constitution Constitution of the Republic of Namibia, 1990 CSR Corporate Social Responsibility ECC Environmental Clearance Certificate EDI Environmental Democracy Index EDP Erongo Desalination Plant EEZ Exclusive Economic Zone EIA Environmental Impact Assessment EMA Environmental Management Act, 2007 EMP Environmental Management Plan Epangelo Epangelo Mining Company (Pty) Ltd EPL Exclusive Prospecting License FIA Foreign Investment Act, 1990 FIC Financial Intelligence Centre FAO Food and Agricultural Organization GDP Gross Domestic Product vii HDI Human development index ILO International Labour Organisation IUU Illegal, unreported and unregulated fishing practices IMF International Monetary Fund LARRI Labor Research and Resource Institute MET Ministry of Environment and Tourism MFMR Ministry of Fisheries and Marine Resources Minerals Act Minerals (Prospecting and Mining) Act, 1992 MISA Media Institute of Southern Africa MITSD Minister of Industrialization, Trade and SME Development MME Ministry of Mines and Energy MPMRC Minerals Prospecting and Mining Rights Committee MRA Marine Resources Act MRF Marine Resources Fund N$ Namibian Dollar NatMIRC National Marine Information and Research Centre NBC Namibian Broadcasting Corporation NDP4 Fourth National Development Plan NEEEF New Equitable Empowerment Framework NIC Namibia Investment Centre NMT Namibian Media Trust NOSAS Namibia Occupational Skills Assessment Survey NSX Namibian Stock Exchange OMP Management Plans PSCE Corporate Private Sector Credit Extension SADC South African Development Community SIA Social Impact Assessment SOE State Owned Enterprises viii Strategy Namibian Anti-Corruption Strategy 2016-2019 SWAPO South West African People’s Organization TAC Total Allowable Catch UNCAC United Nations Convention Against Corruption UNCLOS United Nations Convention on the Law of the Sea UNESCO United Nations Economic, Social and Cultural Organization USD United States Dollar
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