49. ARTICLE 19: RIGHT TO SUSTAINABLE DEVELOPMENT The Article 95 of the Namibian Constitution emphasises the need for sustainable development and human rights. As stated in paragraph 24 of PART TWO above, Government has enacted a number of laws and policies intended to protect fragile ecosystems, manage mining operations, and ensure that all commercial development projects eliminate or, at the very least, mitigate adverse impacts on the environment, people and wildlife. These laws establish clear mandates in some cases. Section 6 of the Environmental Management Act provides for the establishment of Sustainable Development Advisory Council, to advise the Minister on development of policy strategy for the management; protection; and use of the environment; conservation of biological diversity and access to genetic resources. In terms of Section 32 of the Environmental Management Act, the Ministry of Environment and Tourism has established the Environmental Impact Assessment, Pollution Control and Waste Management Unit. The Unit fulfills a crucial function of the Ministry by playing a central role in guiding sustainable development in Namibia. It ensures that the environmental impact of all proposed development projects, including mining activities and other initiatives, are assessed before any development can be approved. The Unit facilitates reviews of Environmental Impact Assessment reports and recommends whether environmental clearance certificates should be issued with or without conditions. However, many challenges and gaps remain in the enforceable regulatory structure. For example, parks are established under the pre-independence Nature Conservation Ordinance of 1975 for the purposes of conservation and tourism by the Ministry of Environment and Tourism (MET), yet the postindependence Policy on Mining in Protected Areas allows prospecting and mining in protected areas under certain circumstances, which undermines conservation and tourism objectives and policies. - 62 -