Resistance against the joint declaration (28. 05. 2023)
I will give the background of our stance as the Nama Gaogu and Nama Traditional Leaders Association, as well as an update on the actions we have taken.
I will then conclude by emphasizing the importance of UNITY OF PURPOSE amongst the Nama people, which is now more critical than ever before as we see the seeds of division being sowed by agents of the State. The latter is very unfortunate indeed. Much has been said about the nonparticipation of the Nama Gaogu in the negotiations on genocide conducted by the Namibian Special Envoy, the late Dr Zedekiah Ngavirue and his technical advisory team. On several occasions, our Government, several Minsters and the German Government have stated that we excluded ourselves from the negotiation process.
This is contrary to the facts; therefore, I want to set the record straight by giving you an accurate chronology of events.
• In 1989 the German Federal Parliament adopted a motion recognizing a not further specified “special responsibility” for Namibia. At that time, the motion did not include a specific reference to colonization, let alone genocide, against the Ovaherero and Nama peoples. Respective debates in the Parliament referred to the close connection to the German speaking Namibians, whose interests Germany is intent to protect.
• It is also alleged in a publication by Konrad Adenauer Foundation, that an agreement was reached with SWAPO during this time, that reparation claims would not be made post-independence, considering the special relationship alluded to above, and the support provided to SWAPO pre independence particularly by the then East Germany.
• In 1995 German Federal Chancellor Helmut Kohl visited Namibia, without explicitly referring in his speech to the German colonization, let alone genocide, beyond stressing the close ties to the German speaking minority.
• On a visit to Namibia in 2004, the German Minister for Development Cooperation apologised on site but her words were rejected by her bosses in the power houses of Germany.
• In 2006 the Parliament of the Republic of Namibia passed a motion which recognised the Nama and Ovaherero genocide, calling for an apology and discussions between the Nama and Ovaherero for reparations, with the Namibian Government facilitating the talks as an interested party.
• Between 2007 – 2015, a special initiative was launched, which involved the distribution of development aid to the especially affected areas, which resulted in the delivery of old goats and some uninvited infrastructure which turned into white elephants. • In early November 2015 Ruprecht Polenz, was appointed as the first Special Envoy for German Namibian relations. Namibia appointed Dr. Zedekia Ngavirue, may his soul rest in peace, as special envoy.
• In 2016, the Namibian government set up a technical committee advising the Special Envoy, which however did not have standing on itself. We opposed the process and asked for a return to the format adopted in the 2006 parliamentary resolution.
• On 27 September 2016, a legal opinion of the Research Service of the German Parliament was drafted, regarding the qualification of the events under international law and related liability risks. This opinion denied the illegality of the conduct under NAMA TRADITIONAL LEADERS’ ASSOCIATION PSM Kooper (Chairperson); J Isaack; D Luipert; D Hanse; HI Witbooi; H Josob; J Barman; S Anamab; DR Frederick; P Olman international law, stating that international law at the time excluded in their view “uncivilized” indigenous peoples from legal protection. In other words, until today as I speak now, Germany claims that we as the so-called uncivilised people, are not subjects of law and therefore they could kill us.
• On January 17th, 2017, Vekuii Rukoro, Paramount Chief of the Ovaherero People, the late Gaob David Frederick, then Chairman of the Nama Traditional Authorities Association, filed a Class Action Complaint against Germany and demanded a jury trial. The class action was filed by Ken F. McCallion of the McCallion & Associates.
• In 2015, the new President of Namibia insisted on his appointed Envoy to speak on behalf of the victim communities, in a bilateral type of negotiations process between Namibia and Germany. The NTLA and OTA refused to participate in a bilateral discussion, and instead insisted on a tripartite discussion in line with the 2006 Parliamentary resolution. President Geingob refused this solution and insisted that OTA and NTLA join the discussions as advisors to the government team. Remember, bilateralism, in simple terms: “is a situation in which two countries or organizations have a trade agreement or work together to achieve something”. If we agree that genocide be decided under those terms, it will mean to revoke our legal right to the claim for restitution against losses suffered during genocide. It is already clear that in the language of the current Declaration - words such as “Restitution, Reparation, Restoration” are omitted because the language of bilateralism is about - generosity, charity, and patronage. And that is the language the Namibian government wants us to endorse, and our view, that will be tantamount to betrayal!
• On 15 May 2017 we from NTLA and OTA held a meeting with the President in which he agreed to a tripartite arrangement. A follow-up meeting was to be held two weeks after. As nothing happened, the NTLA and OTA wrote again a letter to the President in 2019 to resume discussions on the issue. This letter was ignored. Until today as I stand here before you.
• In 2021 the Prime Minister announced that NTLA and OTA refused to participate. Our insistence on a tripartite negotiation process, in which we demanded to represent ourselves as victims of genocide, was rejected by the government. I want to clarify once and for all that our insistence to represent ourselves is the basis for the current claim by the Namibian government that we refused to participate in the process. Our insistence for selfrepresentation is our legal right. That legal right has been violated by both the Namibian and German Governments.
We cannot allow anyone to once again rob us off our rights. We know and feel the pain and misery that the genocide against our people has left behind. We live and breathe that pain every day.
As Nama Gaogu it is our prime responsibility to protect the interests of our children and our subjects.
We cannot sign away the lives of the generations to come. We saw very clearly that their future is in danger and it would be a historical shame we would carry to our graves if we as leaders sign away their legal and human rights. We urge political parties and Government Ministers and Parliamentarians, to refrain from polarizing the Nama people on the subject of the Nama genocide. Regardless of which political you belong to as a member of the Nama Nation; you are obligated to UNITE on the matter of genocide if justice is a matter of principle to you. As Nama leaders we are not against the government. We are saying to the Namibian Government, help us evoke our legal rights and our constitutionally enshrined human right to justice for the losses we suffered as Nama people, so that the Nama children too can finally live-in peace. Nothing more nothing less.
Moving forward, we are beginning to doubt whether any negotiation would succeed because genocide itself has got legal implications which require legal instruments to be evoked. No amount of tweaking the current declaration will bring any solution.
Therefore, we have instructed the Genocide Technical Team of NTLA to explore all legal options. In doing so, they have teamed up with an international legal team of experts from various parts of the world. In a very short span of time, this technical and legal team has managed to bring the Nama and Ovaherero Genocide on the official agenda of the United Nations, both through the UN Special Rapporteur and the UN Secretary General to the UN General Assembly, as well as the UN Human Rights Committee. The former has already pronounced itself as you saw in the newspaper particularly the Windhoek Observer.
The NAMA TRADITIONAL LEADERS’ ASSOCIATION PSM Kooper (Chairperson); J Isaack; D Luipert; D Hanse; HI Witbooi; H Josob; J Barman; S Anamab; DR Frederick; P Olman latter will pronounce itself on 5 November 2021 after which we will make a public announcement.
May I take this opportunity to beg for your patience, as we take on this battle for justice, for it is a long walk to freedom. Let us unite as a people and fight this battle together. Equally we sincerely call on the Namibian Government and members of Parliament, to join us in this battle as fellow Namibians. To ALL, do not be fooled into thinking that only the amount of money in the current declaration needs to be increased.
The agreement does not admit genocide, because Germany has not admitted genocide. I read Dr Tom Alweendo’s public statement in the press on Thursday, 28 October 2021, stating we should not start from scratch. I beg to differ, and NTLA for that matter begs to differ with this view. Why do we differ? Genocide comes with legal obligations because you have committed a crime against humanity and THEREFORE you are LEGALLY obliged to pay for the crime.
Germany until now has not admitted that it committed a crime. We cannot and will not discuss ANY QUANTUM, as long as there is no admission of guilt for a crime. Germany cannot be the accused and the judge at the same time. As Nama leaders we are not asking for favours. We are claiming what rightfully belongs to us.
OUR WARRIOR CHANT HAS JUST BEGUN
I thank you
Gaob PSM Kooper on behalf of the Nama Traditional Leaders Association
Urheberrecht:
NTLA und OTA
