Abstract provided by author
This paper attempt to provide answer to the problem of the ever increasing number of livestock and people in the Otjombinde area and what customary laws exist ensure that the various land uses in the settlement do not lead to land degradation which in turn lead to loss of biological diversity and whether these laws are at a standard and adequate to deal with Namibia's obligation in terms of Protecting of biodiversity
Namibia is also a signatory to the Convention on Biodiversity which requires that a member state provide for the protection of species and ecosystem; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from prospecting involving indigenous biological resources. Further the objectives of this convention, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and technologies, and by appropriate funding
Prior to its independence, Namibians living in rural areas were living in a state of non-regulated dualism, which meant that traditional authorities were not clothed with authority to administer their affairs in their respective communities
Upon gaining independence in 1990 the Namibian Government faced an unenviable task. Government has realized that it should enact laws that would give formal recognition to traditional communities and their administrations plus the power to make laws, which basically was an attempt to bring communal land into the mainstream of administration to establish institutions of administration or rather to formalize the manner in which communal areas are administered and resources in such areas are to be allocated.