Policies & Laws

Policies & Laws

A Coastal Policy is a framework of decisions selected by government, institutions, group(s) or individual(s) for sound management of present and future activities within a coastal zone.

Policy formulation as a preliminary step to a Law or Act of Parliament is rarely regarded as an essential step. Formulation of Laws or Bills, without the prior policy announcement is sometimes regarded time-saving, which is necessary if the need for prohibition is dire. However, policy is considered necessary when issues can be diverse and complex and where guidance for enacting legislation is necessary in the democratic process.

Our coast is international and national heritage that provides enormous benefits to our people and it offers opportunities for future economic and social development of our country. The rich Namibian coastal ecosystems are extremely fragile and have been disturbed by human activities. If certain impacts on the coast are allowed to remain unchecked and coastal resource usage continue in an unplanned manner, the result may be long term disturbance of ecological functioning and we may experience a reduction of the economic potential of the coast itself. Namibia needs resources to support his people, now and into the future. The Namibian coast contains many different types of resources and they need to be used wisely and in a way that one type of resources does not damage another. This means we need to plan how to use resources with a coastal policy. While Namibia has a comprehensive draft set of environmental laws applicable to the entire country, there is no specific coastal legislation or national “community owned” coastal area policy. Laws dealing with coastal management issues are outdated and totally inadequate in achieving integrated coastal area management objectives. More specifically these laws do not conform to modern day needs and trends particularly the ecological and social dimensions of integrated coastal zone management. In addition, our environmental laws and policies tend to be reactive rather than proactive.

What does Integrated Coastal Zone Management (ICZM) mean?       Integrated Coastal Zone Management (ICZM) is a tool for implementing sustainable development in coastal areas. A continuous and dynamic process that unites government and community, science and management, sectoral and public interests for preparing and implementing an integrated plan for the protection and development of coastal systems and resources. The objective of ICZM is to establish sustainable levels of economic and social activity in our coastal areas while protecting the coastal environment. ICZM seeks to reconcile the different policies that have an effect on the coast whilst bringing together stakeholders to inform, support and implement these policies.

The development of a formal coastal Policy will be based on a highly participatory approach involving identified stakeholder groups in multiple consultations and meetings.

We need to start with a common Vision that will guide the development of our coastal policy. The process leads to two key outputs: a Vision and a White Paper, providing the basis for the first Namibian coastal policy.

The activities being carried out for developing a National Vision for the coast are:
        1. Undertake visioning workshops to identify issues & draft local visions
        2. Develop National Draft Vision for the Coast & pillars of Green Paper
        3. Undertake workshops to discuss draft Vision & pillars of Green Paper
        4. Develop a coastal zone definition with public & expert inputs
        5. Finalize the National Draft Vision of the Coast

The activities being carried out for developing the coastal Green Paper are:
        1. Identify and discuss scenarios & management options
        2. Draft the Green Paper with public and expert inputs
        3. Develop a concept note on establishing permanent coastal management mechanism
        4. Disseminate & workshop the Green Paper
        5. Undertake high level ministerial meetings to discuss Green Paper
        6. Incorporate inputs & finalize the Green Paper
        7. Produce & discuss Draft White Paper outline

The activities being carried out for developing the coastal White Paper are:
        1. Draft the Draft White Paper
        2. Workshop & discuss the Draft White Paper
        3. Develop work plans & strategies on White Paper implementation options
        4. Undertake policy, legislative & institutional discussions and proposals
        5. Based on the review of institutional roles & mandates, define coastal Authority
        6. Discuss Draft White Paper at Cabinet level
        7. Finalize the White Paper
        8. Develop plans of action for White Paper

The final activities leading to the Coastal Policy are:
        1. Discuss White Paper at Cabinet level
        2. Draft the Coastal Policy
        3. Call for inputs by all parties into Policy
        4. Finalize Draft Coastal Policy
        5. Obtain endorsement of the Coastal Policy by Cabinet
        6. Update the previous review of existing policies and legislation & if necessary develop
         regulation
        7. Establish Coastal Authority


Who will be consulted? Anyone who feels they have an interest in the coast can give inputs:Local communities, public and interest groups, private business, Traditional Authorities, Policy Legal Working Group, scientists and specialists, Regional Councils, Local Authorities, Line Ministries & Central Government will be consulted.

From a planning perspective the current legislation relevant to the coast in Namibia is both divided and uncoordinated vertically (national Line Ministries and Regional Councils and Local Authorities) and horizontally (between Line Ministries at national level). There is also a lack of integration between policy planning and legislative planning. With this background, the activity to review and improve the policy, legal, planning and regulatory framework conducive to coastal biodiversity conservation and mainstreaming was developed. Focused consultation during the review process will be held with the responsible stakeholders. The review tasks will lead to the development of a prioritised list of proposed adjustments. This review of current laws and policies and development of appropriate amendments will support the development of a modern and consistent policy and legal framework for the coastal zone consistent with national development objectives.

What is a Law?       A law is a series of rules that are enforced through a set of Government branches and subject to the Constitution, the supreme law of Namibia.     What is a Bill?       A Bill is a proposal for Law and if eventually passed and enacted by Parliament, the bill becomes an Act of Parliament (Statute).     Coastal Policy is not a Coastal Law or Act?       Policies are guidelines that govern how laws should be put into operation or fundamental principles that underpin the ope-ration of legal systems in a state.

For more information about the legislative process in Namibia, please consult the following section on this webpage: Legislative process in Namibia

The Namibian Coastal Management White Paper (NACOWP) will be a government document that incorporates the needs and aspirations of our people with respect to our coastal areas, setting out the Namibian’s future policy on coastal management. Policy making is a collaborative process between government and civil society. Policy only works when people have been involved in creating it. That is why everyone’s involvement is important. Consequently, NACOWP is a participatory policy framework, which is regarded as a critical element for sustainable ecosystem management of our coast.

The White Paper will provide a comprehensive framework to support integrated planning and decision-making affecting coastal lands and waters, based on the carrying capacity of the Namibian coast as a whole. Its function is to provide clear guidance on the implementation of Integrated Coastal Zone Management in Namibia and promote consistency of future policy and decision-making (at national, regional and local level) in relation to Namibia’s coast and seas.

Before reaching the final product of the NACOWP, the following activities need to be carried out, which all will be part of the White Paper.

The Coastal Zone Vision is designed to express national agreement on how Namibians see their coast and want its values and uses to evolve over the medium to long term. The “vision” can also be viewed as a common agreement in terms of protecting and developing our coastal resources, to enhance their values and determine how they will be used over the short, medium an long term.

The collaborative process of developing the “vision” will give communities, the private sector and a full range of other stakeholders the opportunity to express their views, concerns, priorities and aspirations on current and future use of coastal areas and resources.

The “vision” is likely to recognize that the coast is a significant area with high ecological, social and economic functions and features that contribute to economic growth and an improved quality of life when managed sustainably. It may also consider Namibia’s coast within the context of a larger transfrontier ecosystem shared by Angola and South Africa.

The people in the coastal areas in particular, but to some extent all Namibians, should have the opportunity to be part of developing the “vision”. First there will be a media campaign, using all forms of media to provide people with information on our coastal areas. Also the results and figures from key studies on the potential of our coastal resources will be made available to everyone, far and wide. When there is a measurable level of awareness on coastal issues, a series of visioning workshops will be conducted, aimed at assisting NACOMA to develop a “vision” for our coastal areas.

The coastal zone will be defined to include all identified areas of biodiversity importance, critical species habitats, coastal ecosystems and distinctive coastal landscapes. All processes and activities affecting the land-sea interface will be addressed, including urban development and construction, mining, fisheries, fish processing, aquaculture and mariculture, tourism, recreation and land-based activities, including watershed management and agriculture.

The White Paper will contain a Plan of Action recommending practical steps for implementation of goals, objectives and priorities. These will be undertaken by different levels and sectors of government, working in partnerships with other coastal stakeholders. The Plan of Action will be regularly reviewed and adapted.

The NACOWP task is being coordinated through the NACOMA Project Office and it is being executed by a team of consultants referred to as NACOWP General Facilitation Team. The two leading consultants in the general facilitation team are:

For more information about the NACOWP, you can also contact NACOMA:

Project Coordinator
Timoteus MUFETI
Sam Nujoma Ave,
Standard Bank Building, 1st Floor, Room 8
PO Box 7018
Swakopmund, NAMIBIA
Tel: (00264) 064 403 905
Fax: (00264) 064 403 906
Email: tmufeti@nacoma.org.na

The process is now reaching an important stage when pre-scheduled visioning workshops are drawing to a close, and the writing of the Green Paper will start in earnest. A total of forty-eight workshops were held in the coastal areas of Namibia, with almost all towns and communities having had two workshops. Oranjemund is the only town where still no visioning workshops have been held, but a visioning workshop for this town has been arranged for 19th July, 2008.

The workshops were attended by a total of 1540 participants, and further inputs have been received in hard copy and by e-mail. Over 500 hundred questionnaires were also completed, bringing total participation in the process to well over 2000 people.

Participation involved a good balance between the different groups, age structures and rural and town residents and the demography of the coastal areas is reflected well in attendance records. As a further step in public participation, a SMS campaign is being planned for July. Youth involvement in the process is recognized as being very important. This year alone there have been 15 coastal field trips and/or film festivals aimed at the youth who has responded very positively.

A first glimpse at the results of the Visioning Workshops

Soon after the workshops started it became clear that the Namibian people feel very strongly about their coast. Data analysis is still in progress, but the following broad trends are emerging. It should be noted that analysis has not been completed, and that there may be more issues emerging, and that the ones listed below may be modified:

The draft vision of the coast is:
"We, the Namibian people want our coastal areas used in a wise manner, with sustainability as our common goal. Therefore social, cultural, environmental and economic concerns need to be balanced carefully, so that our natural resources are not depleted and the unique attributes of our coast will remain intact as far as possible. In the pursuit of a better and lasting future for our people we acknowledge that conservation and economic progress must go hand in hand. We will strive to develop our natural and human resources accordingly so that we can be good custodians of our valuable resources, making good use of them in an integrated and holistic manner, with fair and transparent access to opportunities for all, now and into the future."

Extent of the Coastal Areas

Exactly where the Namibian coastal areas begin and end has been a matter of discussion since the early stages of project preparation. The Policy and legal Working group, specially created to provide expert input into the process, has also been debating the issue and reviewed a Coastal Areas Options Paper prepared by the General Facilitation Team.

Four possibilities for the landward border of the coastal areas surfaced:
a. an ecological/environmental definition proposing that the coastal areas go as far inland as the reach of the coastal fog (the fog is generated by the sea and determines many of the characteristics of the coastal areas);
b. a social definition proposing that the coastal areas go as far inland as there are communities that can significantly benefit from coastal resources;
c. an administrative definition proposing that the coastal area go as far inland as the eastern border of the lattice of coastal protected areas, and
d. that the coastal areas should be considered those areas that are impacted on by coastal activities such a mining, tourism and so on.

The four options were also presented to the participants of the visioning workshops for their opinion. By and large, all four were considered important, but option c. had least support followed by option d. In the end it appears that a combination of the a. environmental and b. social definition will work very well, as all the communities fitting the description of b. also fall inside the coastal fog belt.

Public participation is ongoing

Any stakeholder can still give input by writing to the Facilitator or Coordinator throughout the preparation of the Green Paper which will be finalized toward the end of August. There will also be further opportunity for input once the Green Paper has been published, as well as during the development of the White Paper.

For more information and download reports linked to this activity, please visit Reports & Publications.

Origins of Legislation National legislation are introduced in different ways:      (i) Through intentions portrayed in a political manifesto      of a governing political party;      (ii) as a requirement to the acceded and ratified      conventions, treaties and agreements, such as the      Convention on Biological Diversity (CBD);      (iii) suggestions by the Law Reform Units or Law      Reform and Development Commission;      (iv) introduction by an individual Member of Parliament,      which is legislative Arm of Government; and      (v) routinely with each year (budgets). Policy precedes Bill or Law or Act Formulation of a policy is a preliminary step to the introduction of a Bill (a new law to be) or formulation of a policy can be concurrent to the drafting of a Bill. A policy as a preliminary to a Bill is introduced by government as a Green Paper which then evolves into a more refined document known as a White Paper. The White Paper is issued by the line ministry.

What does Namibian Government consist of?       IIt consist of three branches namely the Executive Branch (President and Cabinet); the Legislative Branch (Parliament); and the Judiciary (Courts).     What are the types of law in Namibia?       1. Statutes are laws passed by Parliament and are called Acts of Parliament; 2. Common law is the Roman-Dutch law inherited through colonial occupation from South Africa; and 3. Customary law is the traditional law that has developed over time in the different communities over time.

The White Paper is introduced to the Cabinet, which is the Executive Arm of Government for endorsement.

Once endorsed, a policy can be used as a guideline by the local authorities for the formulation of by-laws in prohibiting and criminalizing harmful activities, but only within the jurisdiction of the municipal area.

The need for prohibiting activities outside the municipal area will necessitate the proposal for national legislation or a Bill.

STEP IN DRAFTING A BILL- Process diagram