Uproar over ‘conclusion’ of genocide reparations deal

Landless People’s Movement (LPM) leader Bernadus Swartbooi and eleven traditional authorities have formally written to government attorney Jabulani Ncube, demanding that the joint declaration on reparations for the Nama and Ovaherero genocide – approved by Cabinet on 12 December 2024 – be invalidated and set aside.The declaration has yet to be signed due to delays caused by the recent German elections and the passing of Namibia’s founding president, Sam Nujoma, in February.Namibian Sun reported in January that Cabinet had directed that the controversial joint declaration between Namibia and Germany be signed before March.The document, which was set to be signed by Namibia’s then minister of international relations, Peya Mushelenga, and Germany’s foreign minister Annalena Baerbock, was originally expected to be tabled in the German parliament by the end of January.The draft refers to Lothar von Trotha’s extermination orders as an "order" and avoids the term "reparations". Instead, it describes Germany’s financial commitment as an atonement for past atrocities. The late Zed Ngavirue, Namibia’s former special envoy on genocide, previously explained that while Germany accepts the term “genocide”, it reportedly avoids “reparations” to sidestep legal repercussions and potential claims from other African countries affected by German colonialism.But in a letter sent through their legal representatives, Murorua Kurtz Kasper Inc., the affected parties argue that the agreement between the Namibian and German governments contradicts a Namibian parliament resolution on reparations from Germany for the genocide committed in Namibia.Constitutional obligation According to the letter, the existing parliamentary resolution has neither been lawfully rescinded nor amended to permit the Namibian government&#039;s current approach.“The content of the joint declaration violates the Namibian Constitution as it creates an alternative mechanism to remedy the effects of genocide in a manner that is not legally permissible. The Namibian government has a positive obligation to the Namibian people to pursue reparations in accordance with constitutional principles,” the letter states.Furthermore, the traditional authorities argue that the government’s approach lacked meaningful involvement from the affected communities. They claim this not only violates their right to public participation in the decision-making process but also their rights as descendants to have a say in the reparations process.Cabinet’s position on the declarationAccording to an attached Cabinet resolution dated 12 December, government has approved the signing of the joint declaration by the international relations and cooperation ministry, signalling the conclusion of negotiations with Germany.Additionally, government has endorsed the establishment of a special purpose vehicle (SPV) to implement genocide reparations, apology and atonement programmes or projects in line with the declaration.“Cabinet directs the ministry of international relations and cooperation to ensure that the joint declaration agreement is submitted to the Chiefs Forum for scrutiny and later tabled in the National Assembly for endorsement. The ministry must also reference the efforts made by the National Assembly during the negotiation period with the German government,” the resolution states.Charles Eiseb, team leader of the affected communities’ representatives in the genocide reparations negotiations, acknowledged that delays have been caused by the German elections and the passing of late president Nujoma.However, he noted that consultations with the Chiefs Forum were completed on 19 December across all seven regions, with government ministers delegated as envoys.“The chiefs gave the thumbs up for the signing, but as we prepared for negotiations with Germany, their elections and the passing of our late president caused delays. We are now planning to hold the final discussions with Germany in the second week of April,” Eiseb said.He added that, under the declaration, the SPV will be structured as a Section 21 entity, with its board of directors and members drawn from affected communities and nominated by traditional chiefs.jemima@nmh-hub.com.na

Uproar over ‘conclusion’ of genocide reparations deal

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Namibian Sun 2025-03-26

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Uproar over ‘conclusion’ of genocide reparations deal

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Namibian Sun 2025-03-26

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