Customary land rights, communal land and development: The case of the Ju|’hoansi and the Nyae Nyae Conservancy

Abstract

One of the greatest concerns of San in Namibia revolves around land rights. The Nyae Nyae Conservancy in Tsumkwe District East of Otjozondjupa Region was the first communal conservancy of its kind in Namibia, established in 1998. In Nyae Nyae today, there are some 36 communities in an area just under 9 000 km² in extent. These communities largely consist of Ju|’hoansi San. Key efforts of the Nyae Nyae Conservancy have focused on wildlife conservation, community development and land management, while also working on an ancestral land claim for the Nyae Nyae area. In this article, we draw from our anthropological and legal work to lay out some of the major challenges facing the Ju|’hoansi of Nyae Nyae and elaborate on how they intersect with land matters. A major challenge to the Nyae Nyae Ju|’hoansi began in April 2009 with the incursions of Herero pastoralists who brought their cattle herds into Nyae Nyae. The Nyae Nyae Conservancy and the Ju|’hoansi Traditional Authority have sought the assistance of lawyers who have helped formulate an ancestral land claim which they aim to file with the Namibian High Court. By expanding on Ju|’hoansi customary land rights, as well as current regulatory frameworks, we put challenges like this into a broader perspective.