GERMANY/NAMIBIA: The Herero and Nama ethnic minorities were left out of negotiations for restitution for the atrocities committed against them during colonial rule, according to UN special rapporteurs, who have chastised both the German and Namibian governments.
The seven UN representatives published their correspondence with both governments, pushing Germany to accept responsibility for its colonial crimes in Namibia. They also asserted that it was improper for the Herero and Nama to have been indirectly involved in negotiations through an advisory council. The UN human rights council assigned them as independent experts, but their findings are believed to impact them significantly.
Herero and Nama’s attorneys contested the “joint declaration” between Germany and Namibia in January, claiming that it was unconstitutional due to violations of Namibian law. The agreement would need to be renegotiated if the claim is successful.
The Berlin and Windhoek governments approved the proclamation in 2021 but rejected it by the Herero and Nama associations. In exchange, they wanted a direct say in negotiations and compensation. In February, the rapporteurs expressed “grave concerns” about possible violations of international law and asked for an extension. There is no response from the Namibian government yet.
According to the rapporteurs’ letter, Berlin must take responsibility “for the crimes committed during its era of colonial rule,” and they added that the agreement lacked any meaningful reparations provisions or the required tools for rapprochement.
Berlin’s plans for growth and reconstruction initiatives failed to make up for the damage caused by mass murders, such as starvation, torture, gendered violence, forced labour, and loss of property. They argued that development aid ran the risk of perpetuating colonial dynamics, and the secrecy of the discussions had been criticised.
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