Namibian Communities Demand Baynes Dam Project Suspension

Ovahimba and Ovatjimba community leaders in Namibia and Angola recently called for the suspension of all activities related to the proposed Baynes Hydropower Project on the Kunene River.

The community leaders have demanded a halt to the 878-megawatt Baynes Hydropower Project, citing profound concerns over the potential impact on their ancestral land and the perceived lack of inclusive consultation by the Namibian and Angolan governments. They formally submitted a petition to this effect, underscoring their collective stance against the project proceeding without their meaningful involvement. The excerpt indicates that the petition was handed to the Minister of Mines and Energy, Modestus Amutse, and that the communities believe their ancestral land is at risk.

This development highlights the critical importance of Free, Prior, and Informed Consent (FPIC) for indigenous and local communities in large-scale development projects, particularly those impacting land rights, cultural heritage, and livelihoods. It underscores potential legal challenges based on customary law, constitutional rights, and international human rights instruments if proper, inclusive consultation is not conducted. The transboundary nature of the project also brings in principles of international law concerning shared water resources and environmental impact assessments. The outcome of this matter is not yet reported.

Namibia's legal framework, including its Constitution (which protects cultural rights and property rights), and potentially the Communal Land Reform Act, would be relevant in addressing the communities' concerns. International instruments like the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and various human rights conventions, while not always directly binding without domestication, often inform judicial interpretation and policy regarding indigenous rights. Key parties involved are the Ovahimba and Ovatjimba community leaders, the Namibian government, the Angolan government, and the developers of the Baynes Hydropower Project.

Attorneys advising governments, developers, or affected communities on large infrastructure projects in Namibia (and transboundary projects) must ensure robust, culturally appropriate, and genuinely inclusive consultation processes are undertaken. Failure to do so can lead to significant project delays, reputational damage, and costly legal disputes, potentially involving constitutional challenges or claims under international human rights law. Practitioners should closely monitor how the governments respond to the petition and whether a revised consultation framework is proposed.