Namibia’s mining legislation needs to be reformed to strengthen communal land rights, improve environmental oversight and give communities greater influence over mineral exploration and mining activities, according to a new policy brief by the Human Environment Law Programme (HELP) Trust.
The report, titled Changing How Mining is Done in Namibia: Lessons from the Kunene Region, found that existing mining and environmental laws provide inadequate protection for communities affected by exploration and mining operations, particularly in communal areas.
Based on fieldwork and desktop research conducted in 2025, the report calls for amendments to the Minerals (Prospecting and Mining) Act and stronger alignment between mining and environmental legislation to address regulatory gaps and improve accountability.
“The research also highlights the need for legislative reform. Updating the Minerals (Prospecting and Mining) Act and strengthening alignment with environmental legislation would help address gaps in accountability, improve recognition of communal land rights and provide clearer safeguards for affected communities,” the report states.
The findings are based on investigations at three sites in the Kunene Region: the Doros Joint Management Area, Omatendeka and Okandombo Village.
Researchers found that communities were frequently excluded from decisions concerning mineral exploration and mining activities on land they occupy or depend on for their livelihoods.
“Many participants reported learning about prospecting or mining activities only after key decisions had already been taken, limiting opportunities for communities to influence outcomes that directly affect their land and livelihoods,” the report states.
The report also identified weaknesses in environmental monitoring, enforcement and mine rehabilitation, warning that inadequate oversight allows environmental damage to continue after mining activities have ended.
At Doros, mining activities reportedly disrupted endangered black rhino habitats and affected a tourism venture operated in partnership with three conservancies.
In Omatendeka, researchers found that artisanal and small-scale miners faced complex licensing procedures, limited access to information and exploitative market practices.
Residents of Okandombo Village, meanwhile, reported bureaucratic obstacles and inadequate institutional support in dealing with mining-related challenges.
The report further identified shortcomings in the assessment of cumulative environmental impacts, particularly where multiple exploration and mining operations take place within the same area.
To aaddress these challenges, HELP Trust called for stronger enforcement of environmental obligations, improved public access to mining licence and environmental clearance information, and more effective community consultation.
“This requires not only improved access to information, but also consultation processes that enable affected communities to engage meaningfully in decision-making and that increasingly reflect the principles of Free, Prior and Informed Consent (FPIC),” the report states.
The researchers also recommended that Namibia consider joining the Extractive Industries Transparency Initiative (EITI) to strengthen transparency and accountability in the management of mineral resources.
The initiative promotes public disclosure of information relating to extractive industries, including licensing, revenue payments and government receipts.
In addition, the report called for improved land-use planning to prevent mining developments from threatening environmentally sensitive and culturally important areas.
“At the same time, stronger land-use planning is needed to protect biodiversity hotspots, conservancies, tourism landscapes and sites of cultural significance from inappropriate mining development,” the report states.
The researchers argued that stronger legal safeguards, regulatory enforcement and community participation were necessary to ensure that mineral exploration and mining activities contribute to economic development without undermining communal land rights, local livelihoods and environmental protection.
