Description
This Case Study was undertaken in collaboration with UNDP Namibia, the Government of Namibia, and the Bureau for Crisis Prevention and Recovery (BCPR), UNDP, New York.
The report was commissioned by UNDP and prepared by Mr Ewan Powrie. It is one of a series of case studies UNDP is undertaking with the IFRC as part of a global research project to learn about how law and regulation support disaster risk reduction. Detailed legal research for this study, based on online resources, was undertaken in advance, and is summarized in a separate Namibia DRR National Law Desk Survey completed in November 2012. Preparation for the Country Case Study project began in September 2013 with a three-week mission to Namibia from 9-27 September 2013. This report was prepared during October 2013.
Given the relatively limited scope of the research, it does not attempt to be a comprehensive study of all legal and institutional frameworks relevant to DRR in Namibia. Rather, this report aims to provide an overview and analysis of the legal framework for DRR in Namibia, drawing out specific examples of good practice as well as identifying the major gaps and challenges in legislation and its implementation.
The country case study has a dual purpose: firstly, to provide insights and forward-looking recommendations on law and disaster risk reduction in Namibia; and secondly to assist UNDP and IFRC in compiling a Global Synthesis Report on DRR and legislation. The data will also be used to inform the parallel development of a Checklist for Lawmakers. The synthesis study will be available as a tool for states and international actors, including UNDP and the Red Cross and Red Crescent Movement, by providing comparative data and examples of good legislative practices and their implementation. It will also be used to develop other tools as the basis for advocacy and capacity building in DRR.
The project consultant met with and interviewed a wide range of stakeholders. These interviews were vital for providing the project consultant with, firstly, copies of laws, policies and other documents which were not publicly available for the purposes of the Desk Study, and secondly, with first-hand information regarding the institutional arrangements for, and implementation of, DRR and DRM activities. These interviews were the primary means of achieving the assigned objectives for the in-country mission, which were as follows:
- To identify and obtain copies of relevant laws and regulations relevant to DRR, including key national laws that were not included in the Desk Study report, as well as sub-national laws and regulations in the sample areas visited;
- To assess the extent to which the existing legal framework for DRR is adequate for the needs of the country, and whether there is sufficient institutional support and other resources allocated for effective implementation; and
- To identify good practices and gaps in the law and its implementation.
The project consultant met with government officials at national, regional and community levels, as well as United Nations representatives, stakeholders from NGOs, donors, academic institutions, private organizations, and community representatives. Given the timeframe, it was not possible for the project consultant to meet with all major government, national and international actors.
The interviews were held as structured discussions based on the information and guideline questions provided in the project Terms of Reference. The interviews focused on legal issues surrounding DRR in Namibia, legal framework and its implementation, and current disaster risks and DRR practices, with special consideration of any good practices and gaps in the legal framework and its implementation.