Page 95 - Studia Universitatis Hereditati, vol 13(1) (2025)

out that the National Heritage Act (2004), S. 59 (HIAs), benchmarking was conducted us-
ss. 9 (a) required that ‘the activity authorised by ing various international standards. However,
the consent be supervised by a person with ap- a notable opportunity that could have further
propriate professional qualifications or expe- strengthened the National Heritage Council of
rience as specified in the consent’. This did not Namibia’s HIA guidelines was the explicit in-
restrict the selection of the professional archae- tegration of international conventions and her-
ologist to the National Heritage Council. The itage instruments into the national legal and
lack of guidelines for contract archaeology led policy frameworks. While international con-
to this situation where the appointment of a ventions, guidelines, and policies, such as those
consultant archaeologist was contested. In this from ICOMOS, are referenced in the documen-
case, a clear law, as well as policy and guidelines, tation, their direct incorporation into the guide-
would have provided explicit and clear instruc- lines would have enhanced global credibility and
tions for the type of permit the mine required. accountability. Adopting or adapting interna- 95
The existence of such guidelines would have led tional toolkits can contribute to a standardised
to an avoidance of seeking legal opinion. The de- and transparent methodology for assessing and
velopment and adoption of guidelines for her- mitigating impacts on heritage resources.
itage impact assessments in 2021 enhanced the Crucially, for international conventions to
management and regulation of contract archae- be enforceable at the national level, they must
ology by establishing clear standards for trans- be domesticated through legislative or policy in-
parent evaluation of reports. Additionally, these struments. Without this process, international
guidelines serve to regulate the ethical conduct agreements remain non-binding within nation-
of contract archaeology practices. al jurisdictions. Domestication ensures that the
Namibia has ratified several internation- obligations and principles outlined in interna-
al conventions dedicated to the protection and tional instruments are translated into enforce-
preservation of cultural and natural heritage. able mechanisms, thereby enabling government History and Practice of Contract Archaeology in Namibia
Foremost among these is the 1972 UNESCO authorities to hold planners, developers, and
Convention concerning the Protection of the other stakeholders accountable. Furthermore,
World Cultural and Natural Heritage, under international guidelines are informed by global
which two Namibian sites – Twyfelfontein (in- best practices and offer valuable frameworks for
scribed in 2007) and the Namib Sand Sea (in- stakeholder engagement, documentation, risk
scribed in 2013) – have been recognised on the assessment, and long-term monitoring in herit-
World Heritage List. Additionally, Namibia is a age conservation.
signatory to the 2003 Convention for the Safe-
guarding of the Intangible Cultural Heritage, Discussion
which has led to the inscription of two elements: Contract archaeology in Namibia developed as
the Oshithuthi shomagongo (Marula Festival) a response to the introduction of environmental
and the Aboxan Musik ǀŌb ǂÂns tsî ǁKhasigu / and heritage laws and policies that made environ-
Nam Stap (traditional music of the Nama peo- mental impact assessments compulsory in Na-
ple). Other conventions ratified include the 2001 mibia. Examples of such policies, regulations and
UNESCO Convention on the Protection of the laws are Namibia’s Environmental Assessment
Underwater Cultural Heritage and the 1970 Policy (1995), Environmental Impact Assessment
UNESCO Convention on the Means of Prohib- Regulations 2012, the Environmental Man-
iting and Preventing the Illicit Import, Export agement Act (Act 7 of 2007), and the Nation-
and Transfer of Ownership of Cultural Property. al Heritage Act (2004). While environmental
In the development of Namibia’s updat- laws were elaborate and operationalised by
ed guidelines for Heritage Impact Assessments means of policies and regulations, the heritage