About Us - Ancestral Land Rights Commission

1. To inquire into and report generally on the claims of ancestral land rights and restitution to groups and individuals and, more particularly, but without derogating from the generality of the aforesaid, to inquire and report on

• the generation of a common understanding and consensus on the definition of ancestral land rights and restitution;
• the commissioning of a study to identify communities who have lost ancestral land;
• the establishment of the sizes of ancestral land lost and boundaries;
• the determination of the limit of the pre-independence ancestral land claims;
• the incorporation of a special provision in the resettlement criteria to fairly address the situation of the most affected communities;
• the identification of alternative restorative measures to restore social justice and ensure economic empowerment of the affected communities;
• the use of reparation from the former colonial powers for restitution;
• the making of proposals regarding the right of servitude in the legislation in order to have access to burial sites in addition to expropriation;
• the ensuring of participation of the previously advantaged on land matters;
• the formulation of legislation to cater for ancestral land claims and restitution;
• the investigation of possible unintended consequences of ancestral land claims and restitution, as well as appropriate mitigation measures such as the
• issues related to perceived possible discrimination against other population groups;
• the determination of how the claim on ancestral land should be premised on the human rights principle and standards guaranteed in the Namibian Constitution as well as international and regional human rights instruments binding on Namibia;
• the differentiation of various forms of ancestral land claims;
• the recommended land allocation mechanisms that prioritizes the most affected communities;
• the determination and recommendation on how the ancestral land claims could be used as an instrument to enhance national reconciliation;
• the invitation to communities and individuals to rename places with colonial names back to traditional original names where possible, where there are no controversies;
• the recommendation on how the empowerment and special recognition of women from the most affected communities could be promoted;
• the recommendation on how the affected communities could be included in structures created to address the issue of ancestral land;
• the identification of alternative land in communal and commercial areas for the resettlement of communities to be repatriated from the diaspora;
• the recommendation for the erection of statues and monuments in parts of Namibia in remembrance of genocide victims and veterans of the liberation struggle;
• and the recommendation for dignified burial of the remains of the genocide victims and veterans of the liberation struggle.

2. To undertake desktop reviews, interview key informants, individual and group consultations and visit any part of Namibia and relevant institutions in Namibia.

3. To report to the President, as and when the Commission considers fit, any act, by commission or omission, of intimidation of any witness, potential witness or sources of information regarding any matter relevant to the investigations by the Commission.

4. To report to the President on its findings and make relevant recommendations as it may consider necessary in light of the findings.

5. To submit an interim report on the terms of reference within nine months of the date of appointment of the Commission and its final report within three months of submission of its interim report or such further period as the President, at the request of the Commission, may determine...read more