Indigenous Namibians Fight for Rights to Ancestral Land

By: Katherine Davis

Impunity Watch Staff Writer

WINDHOEK, Namibia – In 2015, eight members of the Hai//om brought a class action suit against Namibia’s government and other interested parties, seeking to gain rights in Etosha National Park, their former homeland. In November 2019, the Namibian High Court dismissed the case after Hai//om chief, David // Khamuxab withdrew his support. The Hai//om await an appeal date for the Supreme Court; however, Peter Watson, legal counsel for the Hai//om, announced that his team is prepared to take the case to the African Court on Human and Peoples’ Rights.

A Hai//om woman and children outside of their homes in the Oshikoto Region. Photo Courtesy of the Legal Assistance Centre and the Desert Research Foundation of Namibia.

The Hai//om occupied Etosha until 1954, when they were forced to leave their homes and move off of the property. This move forced them to become farm-laborers on the borders of Etosha, working for the white-owned commercial agricultural sector. Now, the Hai//om want to have a share in Etosha’s profits and the right to determine the use of the land as guaranteed to them in the African Charter on Human and Peoples’ Rights.

It is not the Hai//om’s intent to take this land away from the people of Namibia, tourists, and others. Their main goal is to promote and preserve the Hai//om culture, knowledge, and language. “If we win this case, we do not want to get rid of Etosha,” said Nicodemus Hawaseb, one of the eight applicants, in an interview with Reuters, “[w]e just want to be included in it. We want to showcase our culture to the world.”

Namibia’s government claims to be working diligently with the Hai//om in granting tourism rights, so that the indigenous communities can benefit financially from the park. However, the government refuses to label the park as ancestral land. In a phone interview with Reuters, the head of Namibia’s Wildlife and National Parks directorate, Colgar Sikopo, explained, “If we do this, then everyone else will want to claim a park of the park.”

For further information, please see:

Kim Harrisberg – Indigenous Namibians Fight for Ancestral Land in National Park – 13 Apr. 2020

Legal Assistance Centre – Constitutional Rights & Human Rights: Litigation – 2020

Xoms | Omis Project – History of the Hai||om – 2020

Werner Menges – Hai||om sue for Rights Over Etosha – 19 Oct. 2015

Ute Dieckmann, et. al. – Scraping the Pot: San in Namibia Two Decades After Independence – 2014

Author: Hannah Gabbard