DOCSLIB.ORG

1 Background Report Law and Regulation for the Reduction Of

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
1 Background Report Law and Regulation for the Reduction Of Background Report Law and Regulation for the Reduction of Risk from Natural Disasters in Namibia A National Law Desk Survey November 2012 Acknowledgements This background report was prepared by Dung Ngo Luu, on behalf of the Disaster Law programme, International Federation of Red Cross and Red Crescent Societies (IFRC), P.O. Box 372, CH Geneva 19, Switzerland, Tel: +41 22 730 4222, email [email protected]. This report is part of the research for a global project on Law & Disaster Risk Reduction being undertaken by the IFRC and the United Nations Development Programme (UNDP). It may not be reproduced without permission. © International Federation of Red Cross and Red Crescent Societies, 2012. 1 Law and Regulation for the Reduction of Risk in Natural Disasters in Namibia: A Country Desk Survey Executive Summary This is a desk survey of laws and regulations for the reduction from natural disasters in Namibia pursuant to the Terms of Reference for National Law Desk Surveys of 8 June 2012 to assist the IFRC and its partners in compiling a Global Synthesis Study on DRR and legislation. Namibia is the most arid country south of the Sahel and faces a significant risk from hydrological and climate change related hazards. Namibia’s National Emergency Management System (now known as NDRMS) was established in 1994 in the Office of the PM following Namibia’s drought emergency of 1992/1993. In 2005 Namibia concurred to the adoption of the HFA, and launched its NDRMP in 2009 to reflect the objectives of the HFA, Kyoto Protocol and the Africa Regional Strategy on Disaster Risk Reduction. The NDRMP is the basis for Namibia’s Disaster Risk Management Act, which was signed into law by the President on 1 August 2012. The Act seeks to give effect to the provisions of the Namibian Constitution on property rights and addresses operational needs for disaster management by establishing institutions for DRM, coordinating mechanisms, a National DRM Framework, programs and plans for improved institutional emergency preparedness and response capacity at local, regional, and national levels to ensure that disaster risk reduction management is mainstreamed into development plans, provides for compensations for death or injury and damage to property respectively; and establishes the National Disaster Fund. The NDRMP and the NCCP (2011) seek to complement one another and integrate/ mainstream climate change adaptation and mitigation, and DRM respectively into national policies, legal framework and development planning. Hazard Specific Early Warning Regulations 2 The study did not find any independent laws that deal with early warnings and reduction of underlying risk factors in relation to: cyclones, tornadoes or storms, earthquakes/tsunami, heat/cold waves, insect infestations1, landslides and avalanches, and volcanoes. There are limited risk reduction provisions but no early warning system or data collection regulation regarding fires and floods. The Local Authorities Fire Brigade Services Act (2006) allows LAs to operate fire brigade services to prevent, manage and control fires. Part VI of the Forest Act (2001) prescribes for the control and management of forest fire. The Mine Health and Safety Regulations, Draft (1999) regulates fires in mines; and the Mountain Catchment Areas Act (1970) provides for a fire protection committee and fire plan. NMS provides climatic data and issues warning and advisory bulletins. The NHS within the MAWF is involved in providing meteorological and hydrological data, however, the study was unable to ascertain any laws or regulations regarding its mandates. Namibia’s NDPS (1997) aims to shift responsibility for managing drought risk from government to the farmer, with financial and food security interventions only being considered in the event of an extreme or ‘disaster’ drought2 being declared. NamWater can limit water supply during drought. The Water Resources Management Act (2004)3 established the WRMA which has the function of collecting, analyzing and sharing data concerning the conservation and management of water resources; and to monitor and review water usage. NamWater is to provide information regarding rainfall, river flows, groundwater levels, water abstraction from water resources; and water quality. The NDPS (1997) requires information relating to: household food security vulnerability, nutrition, rainfall, weather forecasting, vegetative growth, agro-ecological zoning; and local water supply services. The NEWFIS will gather, analyse and report on drought-related matters to the NDRMC who will issue regular bulletins. Regulation of the Built Environment 1 See: Plant Quarantine Act, No. 7 of 2008, 9 October 2008 2“A disaster drought refers to drought conditions so intense or protracted that they are beyond what can reasonably be dealt with in terms of normal risk management practices, and which justify State intervention.” per National Drought Policy and Strategy (1997) at p. p.3. 3 The Water Resources Management Act (2004) based on the National Water Policy White Paper (2000), seeks to repeal the Water Act (1956) but is not yet in force. Hence, the Water Act (1956) remains enforced although it “is not suited to either the country’s hydrological conditions or to the political, social and economic realities of the post-apartheid era. See: National Water Policy White Paper, MAWRD, August 2000 at p.19. 3 The study was unable to locate Namibia’s Standard Building Regulations; however, it did ascertain that Namibia currently follows the South African SANS[1]0400 building code4, which automatically apply in Namibia.5 The NDRMP recognizes the need for the revision of existing or development of new building codes, especially for low-cost housing, to withstand the impact of extreme weather patterns or other adverse conditions. The MRLGHRD has the mandate to ensure appropriate town planning and infrastructural development. Urban land development is governed by the Town Planning Ordinance (1954) (TPO), and Flexible Land Tenure Act (2012) (FLTA). The TPO (1954) established the NPAB and currently only applies to the City of Windhoek. The FLA (2012) created the starter title and land hold title schemes, which are registrable under the Deeds Registries Act (1937) to provide tenure security for persons living in informal settlements or low income housing. The National Housing Development Act (2000) provided for low cost housing and created the Housing Revolving Fund to be administered by RCs and LAs. The MLS implements the Agricultural (Commercial) Land Reform Act (1995) (ACLRA) and Communal Land Reform Act (2002)(CLRA), which applies to rural land. The ACLRA (1995) seeks to promote equitable land reform. It established the LRAC, Lands Tribunal and the LADF. The CLRA (2002) provides for the registration of all land rights in communal areas, and established the CLB. Communal land is held in trust by the Government; it cannot be bought or sold, but can be transferred. The laws in relation to land use and planning do not take into account DRR measures, and include limited provision on infrastructure installation in new developments and access for emergency vehicles. The Deeds Registries Act (1937) regulates the registration of deeds and applies to all regions of Namibia except for Rehoboth Gebiet, which has its own registry pursuant to Registration of Deeds in Rehoboth Act (1976). The Sectional Titles Act (2009) provides for the division of buildings into sections and common property. It established bodies corporate to control common property, the STRB and a Sectional Title Register. Land surveys are governed by the Land Survey Act (1993). All land registry and survey records (except for customary land rights6) are centrally managed by the MLS, and are being computerised for real time access. 4 REEEI, “Executive Summary - Revision of Namibian Building Codes to Incorporate Renewable Energy and Energy Efficiency”, REEE Capacity Building Project, February 2008 at p.2. http://www.reeei.org.na/admin/data/uploads/Revision%20of%20Namibian%20Building%20codes.pdf (accessed 27 August 2012) 5 See footnote 4 at p.18 of REEEI, “Final Report - Baseline Study on Energy Efficiency in Buildings in Namibia”, Namibia Energy Efficiency Programme in Buildings, November 2011. http://www.reeei.org.na/projects/NEEP/NEEP%20Baseline%20Study%20FINAL%20report.pdf (accessed 27 August 2012) 6 However, where the land has been surveyed under the Land Survey Act (1993) and the duration of the lease is for 10 years or more, the right of leasehold must be registered under the Deeds Registries Act (1937). 4 Article 10 of the 1990 Constitution states that all persons are equal before the law and Article 16 allows all Namibians to own property. Further, Article 23 provides for policies and programmes aimed at redressing social, economic or educational imbalances in the Namibian society arising out of past discriminatory laws or practices. However, there remains racial discrimination in inheritance laws7, which the Court in Berendt v Stuurma found unconstitutional, and ruled that they must be amended by mid 2005.”8 The laws regarding property rights are gender neutral. Women’s property rights are recognised under the Recognition of Certain Marriages Act (1991), Married Persons Equality Act (1996), and CLRA (2002). The Government also promotes women’s rights in Article 95(a) of the 1990 Constitution, National Gender Policy (1997) and National Land Policy (1998). The Prescription Act (1969) provides that a person becomes the owner of land or other property possessed
Load more

Recommended publications
  • National Policy on Climate Change for Namibia
    REPUBLIC OF NAMIBIA MINISTRY OF ENVIRONMENT AND TOURISM National Policy on Climate Change for Namibia September 2010 1 The development of this document was made possible with financial and technical support from the United Nations Development Programme (UNDP) Namibia. This Policy would not have been finalised without the support of the Ministry of Environment and Tourism (MET) and guidance of the National Climate Change Committee (NCCC) and funds, advice and comments from the UNDP Namibia Country Office. Many thanks to Dr John K. Mfune, Dr Oliver C. Ruppel, Mr Nico E. Willemse and Mr Alfons W. Mosimane who prepared the Namibia Climate Change Policy Discussion Document for Versacon. The Discussion Document laid the groundwork for the development and production of this National Climate Change Policy of Namibia. 2 Table of Contents Forward ..................................................................................................................................... 5 List of Acronyms ...................................................................................................................... 6 How to read this document ...................................................................................................... 7 Definitions ................................................................................................................................. 8 1 INTRODUCTION ............................................................................................................ 9 1.1 Overview of Namibia .................................................................................................
    [Show full text]
  • South West Africa/Namibia Issues Related to Political Independence
    SOUTH WEST AFRICA/NAMIBIA ISSUES RELATED TO POLITICAL INDEPENDENCE PETER CHARLES BENNETT University of Cape Town A Dissertation Submitted To The Faculty of Social Science University of Cape Town. Rondebosch, For The Degree of Master of Arts October 1983 The University of Ctlpe Town has been given the right to rcprodooe this thesis In wholo or In port. Copyright Is held by the wthor. The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University of Cape Town i SOUTH WEST AFRICA/NAMIBIA ISSUES RELATED TO POLITICAL INDEPENDENCE This dissertation constitutes a study of all issues rele- vant to South West Africa/Namibian independence, from 1915 to June 1983. The method employed is primarily of a descrip- tive, histcirical and analytical nature, which brings together in a concise study a variety of primary research materials, particularly with extensive use of newspaper resources. Due to the limited available material on South West Africa/ Namibia, it was necessary to rely upon these journalistic sources to a large extent. It was, therefore, necessary to assume that: • 1. newspaper references are correct and valid, and that articles by relevant authorities and political figures are a true expression of the writers' political beliefs; 2. that in terms of books, journals and other published materials in relation to South West Africa/Namibia, the facts have been accurately researched and verified, and 3.
    [Show full text]
  • Hans Beukes, Long Road to Liberation. an Exiled Namibian
    Journal of Namibian Studies, 23 (2018): 101 – 123 ISSN: 2197-5523 (online) Thinking and writing liberation politics – a review article of: Hans Beukes, Long Road to Liberation . An Exiled Namibian Activist’s Perspective André du Pisani* Abstract Thinking and Writing Liberation Politics is a review article of: Hans Beukes, Long Road to Liberation. An Exiled Namibian Activist’s Perspective; with an introduction by Professor Mburumba Kerina, Johannesburg, Porcupine Press, 2014. 376 pages, appendices, photographs, index of names. ISBN: 978-1-920609-71-9. The article argues that Long Road to Liberation , being a rich, diverse, uneven memoir of an exiled Namibian activist, offers a sobering and critical account of the limits of liberation politics, of the legacies of a protracted struggle to bring Namibia to independence and of the imprint the struggle left on the political terrain of the independent state. But, it remains the perspective of an individual activist, who on account of his personal experiences and long absence from the country of his birth, at times, paints a fairly superficial picture of many internal events in the country. The protracted diplomatic-, political- and liberation struggle that culminated in the independence of Namibia in March 1990, has attracted a crop of publications written from different perspectives. This has produced many competing narratives. It would be fair to say that many of the books published over the last decade or so, differ in their range, quality and usefulness to researchers and the reading public at large. This observation also holds for memoirs, a genre of writing that is most demanding, for it requires brutal honesty, the ability to truthfully recall and engage with events that can traverse several decades.
    [Show full text]
  • Participant List
    Participant List 10/20/2019 8:45:44 AM Category First Name Last Name Position Organization Nationality CSO Jillian Abballe UN Advocacy Officer and Anglican Communion United States Head of Office Ramil Abbasov Chariman of the Managing Spektr Socio-Economic Azerbaijan Board Researches and Development Public Union Babak Abbaszadeh President and Chief Toronto Centre for Global Canada Executive Officer Leadership in Financial Supervision Amr Abdallah Director, Gulf Programs Educaiton for Employment - United States EFE HAGAR ABDELRAHM African affairs & SDGs Unit Maat for Peace, Development Egypt AN Manager and Human Rights Abukar Abdi CEO Juba Foundation Kenya Nabil Abdo MENA Senior Policy Oxfam International Lebanon Advisor Mala Abdulaziz Executive director Swift Relief Foundation Nigeria Maryati Abdullah Director/National Publish What You Pay Indonesia Coordinator Indonesia Yussuf Abdullahi Regional Team Lead Pact Kenya Abdulahi Abdulraheem Executive Director Initiative for Sound Education Nigeria Relationship & Health Muttaqa Abdulra'uf Research Fellow International Trade Union Nigeria Confederation (ITUC) Kehinde Abdulsalam Interfaith Minister Strength in Diversity Nigeria Development Centre, Nigeria Kassim Abdulsalam Zonal Coordinator/Field Strength in Diversity Nigeria Executive Development Centre, Nigeria and Farmers Advocacy and Support Initiative in Nig Shahlo Abdunabizoda Director Jahon Tajikistan Shontaye Abegaz Executive Director International Insitute for Human United States Security Subhashini Abeysinghe Research Director Verite
    [Show full text]
  • A Survey of Race Relations in South Africa. INSTITUTION South African Inst
    DOCUMENT RESUME ED 104 982 UD 014 924 AUTHOR Horrell, Muriel, Comp.; And Others TITLE A Survey of Race Relations in South Africa. INSTITUTION South African Inst. of Race Relations, Johannesburg. PUB DATE Jan 75 NOTE 449p.; All of the footnotes to the subject matter of the document may not be legible on reproduction due to the print size of the original document AVAILABLE FROM South African Institute of Race Relations, P.O. Box 97, Johannesburg, South Africa (Rand 6.00) EDRS PRICE MF-$0.76 HC-$22.21 PLUS POSTAGE DESCRIPTORS Activism; Educational Development; Educational Policy; Employment Trends; Federa1 Legislation; Government Role; Law Enforcement; *National Surveys; *Politics; *Public Policl,; *Race Eelations; Racial Discrimination; Racial St!gregation; Racism IDENTIFIERS *Union of South Africa ABSTRACT Sections of this annual report deal with the following topics: political and constitutional developments--the white population group, the colored population group, the Indian group; political affairs of Africans; commissionof inquiry into certain organizations and related matters; organizations concerned with race relations; the population of South Africa; measuresfor security and the control of persons; control of media of communication; justice; liberation movements; foreign affairs; services and amenities for black people in urban areas; group areas and housing: colored, Asian, and whitd population groups; urban African administration; the Pass laws; the African hoL_lands; employment; education: comparative statistics, Bantu school
    [Show full text]
  • 3. Political Parties and Personalities in Namibia
    Donor Support of Opposition parties in Namibia Donor support of opposition parties in Namibia. How foreign support for parties effects democracy in a new democracy. By: Karl Wagner Karl Wagner 1 Donor Support of Opposition parties in Namibia Table of Contents Introduction…………………………………………………………………………4 Democratic Support………………………………………………………………..16 Political systems and parties: prevailing African democratic conditions…………. 27 Political Parties and Personalities in Namibia……………………………………...40 Namibian electoral systems and elections………………………………………….65 Support, past and present…………………………………………………………..87 Conclusion…………………………………………………………………………101 Bibliography……………………………………………………………………….108 Karl Wagner 2 Donor Support of Opposition parties in Namibia Photograph copyright Tony Figueira, courtesy The Namibian Karl Wagner 3 Donor Support of Opposition parties in Namibia Introduction: Questions have emerged in academic and political discussions about the relevance and effectiveness of foreign donor support of opposition parties in democracies that emerged or re-emerged since the Cold War. They concern the effects of foreign support on political systems and democracy itself. Finally, tyring gauge how effective support is on particular countries? In a global historical context, political party support has been a favoured instrument of European and North American governments in foreign policy. Forms of support vary, the more visible and noticeable normally being military assistance to countries like South Vietnam, Taiwan and Guatemala. During the Cold
    [Show full text]
  • Download File
    DROUGHT EMERGENCY DECLARED IN NAMIBIA Situation Report #1 (9 May 2019) SITUATION IN NUMBERS • An estimated 556,000 people likely affected by the drought and in potential need of humanitarian assistance. • This includes an estimated 240,000 children. Namibia Country Office SITUATION OVERVIEW & HIGHLIGHTS HUMANITARIAN NEEDS • On 6 May, the President of Namibia declared The President of the Republic of Namibia, a State of Emergency over drought conditions Dr. Hage Geingob, declared a state of emer- in the country. gency on 6 May 2019, after a Cabinet meeting on the current status of the drought, which affects • According to Government estimates, around approximately 556,000 people. The drought is 556,000 people (close to one in five Namibians also reported to affect the essential livelihood for and almost half of whom are children), will be many families, with livestock dying and affected by the drought. decreased crop production. This is the fifth time in six years that the country is faced with a • UNICEF will continue to closely coordinate its drought. This phenomenon is reported to be support to the emergency response with the caused by the La Niña effect, causing constant Government, the United Nations Country Team periodic warmer winters and drought spells in and other key stakeholders. Namibia. The drought emergency, which has affected all regions of the country (with the north • UNICEF Namibia is developing a response central regions, the west, central east and the plan and preparing emergency relief materials southern regions mostly affected), is announced to support the Government’s response to the at a time when the Government, through the humanitarian situation as it unfolds.
    [Show full text]
  • Edgar Munyarari Kamusoko (Bsc (Hons) Eng; MBA; MA International Studies)
    Rethinking the African Economic Ethic of Indigenisation in the Light of the Expansion of Global Neo-liberal Capitalistic Practices: A Critical Study on the Prospects for Purposeful Regional Economic Integration in the Southern African Development Community (SADC) Edgar Munyarari Kamusoko (Bsc (Hons) Eng; MBA; MA International Studies) Supervisor: Prof Munyaradzi Felix Murove Thesis submitted in fulfilment of the academic requirements for the degree of Doctor of Philosophy in the Subject of Ethics at the School of Religion Philosophy and Classics, College of Humanities, University of KwaZulu– Natal, Pietermaritzburg, in March 2019. DECLARATION I, Edgar Munyarari Kamusoko declare that: i. The research presented in this thesis except where otherwise indicated, is my original work. ii. The thesis has not been submitted for any degree or examination at any other university. iii. This thesis does not contain another person’s data, pictures, graphics or other information, unless specifically acknowledged as being sourced from other persons. iv. This thesis does not contain another person’s writing unless specifically acknowledged as being sourced from other researchers. Where other written sources have been quoted: a. Their words have been rewritten but the general information attributed to them has been referenced. b. Where their exact words have been used, their exact words have been placed inside quotation marks and referenced. v. This thesis does not contain text graphics or tables copied and pasted from the internet unless specifically acknowledged and the source being detailed in the thesis and in the reference sections. 23 August 2019 __________________________________ ________________________ Candidate: Edgar Munyarari Kamusoko Date __________________________________ ________________________ Supervisor: Prof Munyaradzi Felix Murove Date i DEDICATION This thesis is dedicated to my father Mr Kenneth Taonangwere Kamusoko, a great man, for his enduring guidance, abundant and never-ending love, prayers, support and encouragement.
    [Show full text]
  • Ÿþm Icrosoft W
    inSA9 inSA9 ov 0 1% V oAce 7 Nv Datp3 Arow'. break, lip 0-so, GOVERNMENT CREATED POLITICAL BODIES Bantustans THE BANTUSTAN POLICY, perhaps sooner than has always been anticipated by its black opponents in South Africa and abroad, began to crystallise in 1974. In 1974 and 1975 certain developments can be singled out which had the profound effect of making the Bantustan policy sound more accomplished:there was more definite planning with the Transkei for the "independence" of that territory; there were new developments regarding South Africa at the United Nations. the South African Foreign Affairs Department developed a much more outgoing diplomatic African policy. By and large these events have given rise to intense debate and speculation in South Africa about the course of events over the next few years. On the one hand protagonists of the Bantustan policy are capitalising on the "gains" and claim that with more time their policy will be seen to be working. On the other hand those who are opposed to the Bantustan policy argue that the so-called gains are gimmicks calculated to buy more time for the South African Government which is being overtaken by events in nearby countries. The Transkei Independence Question The announcement of independence plans for 1976 by the Transkei's Chief Matanzima had three immediate results. The first was the disturbance of the fraternity of Bantustan leaders whose agreed strategy had been to reject independence until the Government was prepared to grant more land to the homelands and that no individual Bantustan leader would bargain alone with Pretoria without consulting the others.
    [Show full text]
  • Namibia : the Ideology of National Liberation
    Namibia: the Ideology of National Liberation Kimmo Kiijunen We in SWAPO have come to the realisation that the basic criterion for SWAPO's action character- the decisive factor in our liberation struggle, now ises SWAPO as not only a national movement and in the future is the conscious participation of but also a liberation movement. the people. By conscious participation, we mean a deep-going process of debate, criticism and self- In terms of national struggle, SWAPO's action is criticism, that we are in the struggle to put an end part of the general decolonisation process in the to the exploitation of man by man in our society; Africancontinent.Itsideologicalrootsand that we are in the struggle to put an end to all strategy are closely linked to the tradition of forms of ethnic or national oppression; that we African nationalism, which provided the ideo- are in the struggle to make the toiling masses of logical framework for the general decolonisation Namibia, the workers and peasants, have direct of the continent in the late 19 50s and the early access to the means of production; and that we 1 960s. When analysing 'African nationalism' four are in the struggle to open wide all the doors to all dominant ideological components emerge: anti- the educational and cultural institutions to all colonialism, Pan-Africanism and neutralism, nat- Namibia people without regard to race,sex, ional unity and egalitarianism. colour or ethnic origins. [Nujoma 1976] Due tothelatenessof nationalstrugglein Introduction Southern Africa there are some new elements in This paper examines the ideology of the South the liberation theory and social analysis of the West Africa People's Organisation (SWAPO) as national liberation movements, drawn, at least expressed in its public statements.
    [Show full text]
  • South Africa
    VOL. VIII, NO.4 APRIL 1975 1. OVERVIEW 4 2. FEATURE 5 The Kissinger Team For Africa: "Destabilization" Revisited 3. SOUTH AFRICA 8 Economics Ten Dead As Mine Strike Ends White Miners Threaten To Strike Mines Accused Of Super Profits New Mining Technique Alters Labor Pressure Conservative White Labor Denounces Black Unionism British and Swedish Firms Face Question of Black Labor Foreign Relations "Detente" In Africa? Ties With The Rhodesian Smith Regime South African-Israeli Trade Relations White Politics The United Party Split Black Politics Petty Apartheid Economic And Political Rights 14 4. NAMIBIA New Attempts At Unity Breaking Unity Floggings And Arrests Stopped New Printing Press To Open SWAPO Presses on Bantustan Election In Japan British Offer Of Commonwealth Status?? At The United Nations American Companies Withdraw From Namibia 17 5. ZIMBABWE The Settlement Question The Lusaka Declaration Legal Action On Torture Case 6. ANGOLA 18 Portuguese Lower Flag Over Angola-Independence Due November 11, 1975 Outline Of The Agreement Forming The Transitional Government Angola In The Immediate Post-Transitional Government Period 21 7. MOZAMBIQUE Reconstruction Is The Theme On The Economic Front Consolidation Of Resources On The Diplomatic Front 8. REPUBLIC OF GUINEA-BISSAU 23 On The Domestic Scene Foreign Relations The Cape Verde Islands Amilcar Cabral Lives 24 9. NEIGHBORS Troubles in Lesotho 25 10. UNITED STATES AND SOUTHERN AFRICA Strong Opposition Against Davis Nomination Sparks Controversy Rhodesian Sanctions Bill Begins Battle In House Congressional Reorganization Weakens Position Of Africa 11. AT THE UNITED NATIONS 28 Chairman Of Apartheid Committee Meets With I'\IATO, EEC New Anti-Apartheid Activities And Campaigns Promoted Rhodesian Sanctions-Busting Scheme Exposed Council For Namibia Opens 1975 Session F.ormer Portuguese Territories To Receive Relief Aid 12.
    [Show full text]
  • South West Africa (Namibia)
    ---------------------------------------Country profile South West Africa (Namibia) South West Africa (SWA) or Namibia has been adminis­ by the International Court of Justice in 1950, 1955, 1956 and tered by South Africa since South African forces occupied 1966 was that the mandate continued to exist and although the territory in 1915 at the request of the Allied Powers in the South African government was under no obligation to World War I. Prior to the invasion, SWA had been under enter into a trusteeship agreement with the UN, South Africa German rule for more than three decades. was not competent to alter the international status of the The German presence dated from 1883 when Heinrich territory unilaterally. Since 1966 the UN has adopted various Vogelsang, acting on behalf of the merchant LOderitz, resolutions declaring the mandate terminated and requesting bought some land bordering on the historic bay of Angra member states to refrain from actions that would imply recog­ Pequena from the Oorlams Nama at Bethanien. It was later nition of South Africa's authority over l\Jamibia. A reconsti­ renamed LOderitzbucht. This was followed by the declaration tuted International Court of Justice in 1971 ruled in favour of of a German protectorate over the interior in 1884. German the UN view that South Africa's presence in Namibia was SWA, however, did not include Walvis Bay and the Penguin illegal. Islands which had been annexed by Britain for the period The UN also established a UN Council for l\Jamibia as well 1861 to 1878 and incorporated into the Cape Colony in 1884.
    [Show full text]