Protection of biodiversity

Abstract

Abstract provided by author:

This paper examines the allocation of land use rights under customary law by the traditional leader and Authority in the Berseba Communal area how this impacts the use of natural resources and whether there exist any knowledge in their preservation

Namibia is a signatory to the Biological diversity Convention and is under an obligation to provide for the protection of species and ecosystems that warrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits for the generation's future and the present

The focus of the research paper was constructed around the following principal assumptions': The assumption that traditional communities (understood as socially defined societal entities with a distinct sub-statal structure of governance- called traditional governance - and which follows legitimising strategies that are guided by the respective traditions) posses a repertoire of norms(legal mere social) suitable for the protection of biodiversity; The assumption that traditional communities also posses knowledge (understood as a comprehensive code of not necessarily traditional, i.e. ancient information maintained and administered by the community in accordance with accepted rules) about the societal value of biodiversity and thus the need to protect biodiversity against non-sustainable external and internal exploitation; The further assumption that the said (traditional) knowledge entails the potential to be transformed into societally efficient norm; and The eventual assumption that the normative mechanisms administered by the traditional communities have a more sustainable impact on the protection of biodiversity than concurrent norms of the state administered by agents of the state

Prof. MO Heinz(2005), Preliminary results of BIOTA II, S.I 1.4 work-package and prospects for BIOTA HI, Faculty of Law, University of NamibiaLL B Dissertation - 28 October 2005