Ovahimba Ovatjimba: Baynes Dam Suspension Demand Issued to Governments

• Ovahimba and Ovatjimba communities are demanding the suspension of the 878-megawatt Baynes Hydropower Project on the Kunene River.
• A petition with 2,011 signatures was submitted to Minister Modestus Amutse, calling for inclusive consultation before the project advances.
• The communities warn that the dam could flood 57 square kilometers of ancestral territory, threatening homes, sacred sites, and vital resources.
• They reject the Kunene North Traditional Leaders Forum as a legitimate consultation body, asserting their own representatives and decision-making processes.
• The project is a joint Namibia-Angola initiative, being advanced by NamPower and Rede Nacional de Transporte de Electricidade (RNT, EP), with involvement from the Lower Cunene Hydropower Authority.

Failure to engage genuinely with these communities, respecting their established decision-making processes, poses significant legal and reputational risks for the governments and developers involved in the Baynes Hydropower Project.

The proposed 878-megawatt Baynes Hydropower Project, a significant joint venture between Namibia and Angola, is currently facing strong opposition from indigenous communities. This ambitious development, situated on the Kunene River, involves the construction of main and regulating dams, alongside essential infrastructure such as roads and electricity transmission lines. The project is being spearheaded by NamPower from Namibia and Angola's Rede Nacional de Transporte de Electricidade (RNT, EP).

Leaders from the Ovahimba and Ovatjimba communities have collectively called for an immediate halt to all activities associated with the Baynes Hydropower Project. Their demand stems from concerns that the project poses a direct threat to their ancestral lands. To underscore their position, community representatives delivered a petition containing 2,011 signatures to Mines and Energy Minister Modestus Amutse in Windhoek on Sunday.

The petition explicitly urges both the Namibian and Angolan governments, as well as the Lower Cunene Hydropower Authority, to cease all progress on the project. This cessation is requested until a genuinely inclusive consultation process can be conducted with the affected communities. The core of their Ovahimba Ovatjimba Baynes Dam suspension demand is the assertion that proper engagement has not yet occurred.

The communities' primary concern revolves around the potential inundation of approximately 57 square kilometers of their ancestral territory. This flooding, they warn, would devastate homes, ancestral graves, sacred sites, and critical grazing lands and water sources vital for their pastoral way of life. They contend that the project, if it proceeds without their consent, would irrevocably alter their livelihoods, cultural practices, and profound connection to the land.

According to Kaujorua Hembunga, a member of the delegation, the Kunene River and their ancestral land are fundamental to sustaining their livelihoods, culture, and identity. Hembunga emphasized that all Baynes activities must be suspended until a legitimate process is established that respects their rights and traditional decision-making structures. The communities firmly state that they have not been meaningfully consulted regarding the project's profound implications.

Furthermore, the petitioners have unequivocally rejected any suggestion that their engagement through the Kunene North Traditional Leaders Forum constitutes adequate or legitimate consultation. Chief Mutaambanda Kapika of the Ombuku Kapika Traditional Authority highlighted that these communities possess their own recognized representatives, customary laws, and established decision-making processes that demand respect. Kapika asserted that engagement with a forum that does not genuinely represent them cannot be construed as their consent for the project to proceed, underscoring the critical need for authentic Namibia Angola indigenous consultation.

The persistent Ovahimba Ovatjimba Baynes Dam suspension demand, coupled with the communities' clear articulation of their ancestral land rights and the inadequacy of current consultation efforts, presents significant legal and reputational challenges for the project's developers and the involved governments. Proceeding with the Baynes Hydropower Project without demonstrably inclusive and meaningful consultation risks protracted legal battles and international human rights complaints.

The communities' insistence on genuine engagement and respect for their traditional decision-making processes highlights the importance of Free, Prior, and Informed Consent (FPIC) principles in such large-scale developments. Failure to engage genuinely with these communities, respecting their established decision-making processes, poses significant legal and reputational risks for the governments and developers involved in the Baynes Hydropower Project. The Modestus Amutse Baynes petition serves as a formal notice of these deep-seated grievances.

The dispute over the Baynes Hydropower Project consultation underscores the necessity for all parties to recognize the profound cultural and economic ties indigenous communities hold to their ancestral lands. Ignoring these concerns not only jeopardizes the project's viability but also risks undermining the credibility of the governments and developers on an international stage, particularly concerning adherence to human rights and environmental protection standards.

Lawyers advising the Namibian and Angolan governments or project developers (NamPower, Rede Nacional de Electricidade) must recognize the significant legal and reputational risks associated with proceeding with the Baynes Dam project without demonstrably inclusive and meaningful consultation with affected indigenous communities. Failure to secure Free, Prior, and Informed Consent (FPIC) could lead to protracted legal challenges, project delays, and international human rights complaints, impacting project viability and social license to operate.

Source: Original reporting via Namibian.com