Repatriation a trap - Ya Nangoloh
NamRights executive director Phil Ya Nangoloh has commended the Botswana High Court's ruling that the repatriation of about 800 Namibian refugees be halted.
He also claimed the Namibian government aims to “lure” alleged secessionist ringleaders back into Namibia by “falsely” expressing its readiness to receive them, while its intention is to prosecute for their membership of the banned United Democratic Party (UDP)
The Botswana High Court last Wednesday ruled that the repatriation of so-called Caprivi refugees be stopped until reasons for their “fleeing from Namibia no longer exists”.
It also ordered that Felix Kakula and others be removed from the Francistown centre for illegal immigrants and be returned to the Dukwe refugee camp. Judge Nthomwisa Nthomwisa made this ruling at the south-eastern town of Lobatse, pending a review application expected to be lodged by the refugees against their repatriation. This ruling comes after the Botswana government had given the refugees until 11 July to voluntarily leave Botswana or face forceful deportation.
This was done by invoking the cessation clause of the 1951 United Nations Refugee Convention that stripped them of their refugee status and framed them as illegal immigrants, if they did not return by 11 July to Namibia.
“We praise the Botswana judiciary for being genuinely politically independent when it comes to contentious political issues such as those relating to human rights, covered by public international law. This can hardly be said of our own judiciary, despite our truly democratic constitution,” Ya Nangoloh said.
NamRights, the Botswana Council of Churches and the Botswana Centre for Human Rights had submitted supporting affidavits to the Botswana High Court which said political situation in the former Caprivi, now the Zambezi Region, “has not fundamentally changed” for the refugees to be repatriated.
NamRights' submission maintained that the refugees still stand to be prosecuted should they return to Namibia, since those repatriated since 1999 had been “rounded up and prosecuted” on more than 270 charges relating to the alleged Caprivi secessionist movement. It said the Namibian government aims to “lure” alleged ringleaders back into Namibia.
“[The] situation which had forced the refugees to flee the Caprivi Strip in 1998 and thereafter still persists unabatedly and hence the said refugees are unable and or unwilling to avail themselves to the protection of the Namibian authorities, which are illegally occupying their motherland, contrary to international law,” the NamRights submission reads.
NamRights further asserted that the Botswana government had “unfairly and unreasonably” decided to revoke their refugee status.
It said the United Nations High Commission for Refugees had “inaccurately and incorrectly” declared there has been fundamental change on the ground in the Caprivi Strip, since the refugees still remain members of the banned UDP and are still liable to be prosecuted on more than 270 criminal charges relating to high treason.
Catherine Sasman
He also claimed the Namibian government aims to “lure” alleged secessionist ringleaders back into Namibia by “falsely” expressing its readiness to receive them, while its intention is to prosecute for their membership of the banned United Democratic Party (UDP)
The Botswana High Court last Wednesday ruled that the repatriation of so-called Caprivi refugees be stopped until reasons for their “fleeing from Namibia no longer exists”.
It also ordered that Felix Kakula and others be removed from the Francistown centre for illegal immigrants and be returned to the Dukwe refugee camp. Judge Nthomwisa Nthomwisa made this ruling at the south-eastern town of Lobatse, pending a review application expected to be lodged by the refugees against their repatriation. This ruling comes after the Botswana government had given the refugees until 11 July to voluntarily leave Botswana or face forceful deportation.
This was done by invoking the cessation clause of the 1951 United Nations Refugee Convention that stripped them of their refugee status and framed them as illegal immigrants, if they did not return by 11 July to Namibia.
“We praise the Botswana judiciary for being genuinely politically independent when it comes to contentious political issues such as those relating to human rights, covered by public international law. This can hardly be said of our own judiciary, despite our truly democratic constitution,” Ya Nangoloh said.
NamRights, the Botswana Council of Churches and the Botswana Centre for Human Rights had submitted supporting affidavits to the Botswana High Court which said political situation in the former Caprivi, now the Zambezi Region, “has not fundamentally changed” for the refugees to be repatriated.
NamRights' submission maintained that the refugees still stand to be prosecuted should they return to Namibia, since those repatriated since 1999 had been “rounded up and prosecuted” on more than 270 charges relating to the alleged Caprivi secessionist movement. It said the Namibian government aims to “lure” alleged ringleaders back into Namibia.
“[The] situation which had forced the refugees to flee the Caprivi Strip in 1998 and thereafter still persists unabatedly and hence the said refugees are unable and or unwilling to avail themselves to the protection of the Namibian authorities, which are illegally occupying their motherland, contrary to international law,” the NamRights submission reads.
NamRights further asserted that the Botswana government had “unfairly and unreasonably” decided to revoke their refugee status.
It said the United Nations High Commission for Refugees had “inaccurately and incorrectly” declared there has been fundamental change on the ground in the Caprivi Strip, since the refugees still remain members of the banned UDP and are still liable to be prosecuted on more than 270 criminal charges relating to high treason.
Catherine Sasman
Comments
Namibian Sun
No comments have been left on this article