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Elize Shakalela
Photo: Contributed
Elize Shakalela Photo: Contributed

Green hydrogen secrecy undermining Namibians, expert says

Jemima Beukes
A local environmentalist says the refusal to disclose the contents of the controversial green hydrogen pact between Namibia and Hyphen Hydrogen Namibia is tantamount to undermining Namibians.

Hyphen CEO Marco Raffinetti recently said it would be to the detriment of Namibia’s competitive advantage to make the deal public, as well as to other countries looking to compete with Namibia - given the commercially sensitive information contained in the agreement.

Environmental law activist Elize Shakalela disagrees.

According to her, Hyphen’s stance undermines the actual owners of the resource – the Namibian people - who to date largely remain in the dark.

In an exclusive interview with Namibian Sun last week, Shakalela explained the significance of granting Namibians access to crucial information pertaining to intellectual property, resource utilisation and the terms and conditions of the agreement.

“I am not sure if this argument will actually pass. I think the Namibian people have the right to know what and how their resources are going to be used for. What terms and conditions are in place?

“It is not that they are going to do anything with it. We are in a democratic state and people want to know what their resources are going to be used for and the terms and conditions in terms of when the implementation starts,” she said.

Transparency

Shakalela also questioned why the implementation framework and the monitoring thereof should be kept a secret.

“The issue of intellectual property [IP] is, of course, a concern to us, because we want to know who owns certain IP rights. Does Namibia share any IP rights with Hyphen or the IP rights of any research that comes out of this? And the resource that comes out of this, who does it belong to?

“The public needs to know these things so that we are in the know and we are transparent,” she said.

Details such as the residential addresses of Hyphen personnel may rightfully be withheld, she said, but key aspects directly related to the use of natural resources and the welfare of Namibians must be made available.

This, she added, includes information about the agreement's scope, purpose and potential implications for the environment and local communities.

“I believe - for transparency and accountability and to avoid the resource curse that mineral-rich countries are faced with - the public must be able to look at the agreement. Of course, they don’t have to show the nitty-gritty such as personal details regarding [Hyphen staff], but the key terms and conditions should be made available to the public,” she said.

Our resources

Following government and Hyphen’s signing of the momentous N$192 billion feasibility and implementation agreement, there have been increasing calls for access to it.

Some experts have suggested that it should be made available in a summarised version to keep out confidential aspects that would jeopardise Namibia’s competitive edge, while some politicians want to approach the courts for a judicial review of the document.

Shakalela emphasised that government must be guided by the Article 100 of Namibian Constitution, which vests ownership of land, water and all natural resources below and above Namibian land and the continental shelf in the state.

“This means that the resources are held in a trust by the state for the Namibian people. So, when government and Hyphen implement this agreement, they have to consider that these resources belong to the Namibian people and government is merely entrusted with these resources, to ensure that the resources benefit and are shared equitably to the benefit of the Namibian people.

“So, government is cautioned that although they are the ultimate resource owners, ownership is merely in terms of an entrustment held on behalf of Namibians and the future generation,” she explained.

She further highlighted that, in light of the ‘resource curse’ that has affected mineral-rich countries, understanding the terms and conditions of the agreement empowers citizens to track progress and monitor implementation.

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Namibian Sun 2024-11-23

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