Wildlife law (Namibia)

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As Wildlife law (eg, law of wild fauna ') is an area of law in Namibia referred, which is concerned with protecting wildlife and preserving their habitats.

Legal history

Traditional Namibian hunting rituals

Traditional hunting in Namibia differs significantly from European hunting traditions in terms of its self-image. Law, custom and religion can hardly be separated. The hunt is seen as part of a complex magical-religious process that is embedded in a broad social context. Becoming a hunter does not just mean killing animals, but completing an initiation rite. The questioning of ancestors played and still plays an important role . Talking to them was hoped for luck with the hunt and thanked them after a successful hunt. If society was organized centrally by the government of a king, such as the Uukwanyama , it was up to the king to open the hunting season with the oshipepa ceremony at the beginning of the dry season . The hunt for everyone only began when the royal hunt was over after about two weeks.

The hunt required certain preparation rituals. One night before the start of the hunt, the hunter and his family were forbidden from drinking alcoholic beverages, and they were also required to abstain from sex. With larger animals such as elephants, longer periods of time had to be observed. The hunter who first wounded the animal sang a song of praise standing on the animal after it had been successfully hunted and occasionally drank from its blood. The tail was placed on a sacrificial site on return, and parts of its meat were offered to the ancestors. The reason for this is a spiritual background that is widespread throughout Africa: People do not see themselves as superior to animals and plants, but rather see themselves as standing in harmony with them. In this sense, one can speak less of a legal system with crime and punishment than of a system aimed at restoring a balance. The hunt needs justification in order to restore the harmony it has destroyed. In this sense, the rituals serve to ensure that "the animal allows the hunter to kill it"

Colonial hunting law

Under German colonial rule , on February 15, 1909, the governor of German South West Africa's decree regarding hunting in the German South West African protected area (KolBl. 1909, p. 376) was issued. Section 1 (1) of the ordinance initially stated that hunting was only the hunt for certain listed animals if these were ownerless within the meaning of the law. Excluded from the provisions of the ordinance was the hunt by the owner or beneficial owner on completely fenced property. The “natives”, however, were the subject of the regulation. Legal hunting requires two papers: a general permit in accordance with Section 2, Paragraph 4, which regulates the type and scope of the right to hunt, and a hunting license, which certifies the required qualification in accordance with Sections 5 and 6. The hunting license required payment of RM 40. According to Section 7, “natives” were only allowed to hunt with a rifle within their “tribal area” if they had a hunting license; They were not allowed to hunt outside the tribal area.

The German colonial rule over German South West Africa ended on July 9, 1915, the German colonial law remained in force unless it was revoked or law with contrary content was put into effect. Effective January 1, 1920, the Administration of Justice Proclamation, No. 21 , which declared Roman-Dutch law to be the right of the Protectorate. The German hunting ordinance was replaced in 1921 by the Game Preservation Ordinance , according to which only the general permit, and no longer the hunting license, was a prerequisite for hunting.

There were three types of game that could be hunted: Royal Game, whose hunt for s. 4 (1) only the administrator was allowed to play big game and small game. Several changes and reforms of the law ultimately resulted in the Nature Conservation Ordinance of 1967, which in turn was incorporated into the Nature Conservation Ordinance of 1975 , which is still in force today .

See also

literature

Governing Law

  • Oliver C. Ruppel and Katharina Ruppel-Schlichting: Environmental Law and Policy in Namibia . Ed .: Hanns Seidel Foundation . 2011, ISBN 978-3-939886-01-3 ( Online (PDF; 3.0 MB)).
  • Jonathan I. Barnes and Marina Novelli: Trophy hunting and recreational angling in Namibia: an economic, social and environmental comparison . In: Brent Lovelock (Ed.): Tourism and the Consumption of Wildlife: Hunting, Shooting and Sport Fishing . ISBN 978-0-415-40381-8 , pp. 155-168 .
  • Arthur Hoole, Fikret Berkes: Breaking down fences: Recoupling social-ecological systems for biodiversity conservation in Namibia . In: Geoforum . tape 41 , 2010, p. 304-317 , doi : 10.1016 / j.geoforum.2009.10.009 .
  • Devan Allen McGranahan: Managing private, commercial rangelands for agricultural production and wildlife diversity in Namibia and Zambia . In: Biodiversity and Conservation . Volume 17, No. 8 , ISSN  0960-3115 , p. 1965-1977 , doi : 10.1007 / s10531-008-9339-y .
  • Ministry of Environment and Tourism (Ed.): Wildlife management, utilization and tourism in communal areas . Policy Document, Windhoek 1995.

Legal history

  • M. Fisch: The kavango hunters in northeastern Namibia. Hunting methods, religious-magical practices, songs and prize poems . Windhoek 1994.
  • Manfred O. Hinz: “woad justice” versus African tradition. German hunting law in Namibia? In: Rüdiger Voigt and Peter Sack (eds.): Colonization of the law . Nomos, Baden-Baden 2001, ISBN 3-7890-7347-4 , p. 337- .
  • Manfred O. Hinz: Without chiefs, there would be no game. Customary law and nature conservation . Out of Africa, Windhoek 2003, ISBN 978-99916-2-285-9 .

Web links

Individual evidence

  1. ↑ a b c d Manfred O. Hinz: "Waidrechtigkeit" versus African tradition. German hunting law in Namibia? In: Rüdiger Voigt and Peter Sack (eds.): Colonization of the law . Nomos, Baden-Baden 2001, ISBN 3-7890-7347-4 , p. 337-348 .
  2. ↑ M. Fisch: The Kavangojäger in northeastern Namibia. Hunting methods, religious-magical practices, songs and prize poems . Windhoek 1994, p. 76 .