Congolese refugees sue home affairs

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Congolese refugees sue home affairs

Three Congolese refugees are suing the home affairs ministry for threatening to deport them back to their native country and for psychological trauma, loss of income and discrimination they suffered after they were denied refugees status in Namibia. 

Niyigena Lucien, Ngeleko Rody and Kwizera Fiston are demanding payment of N$356 400 from the Namibian authorities.

The trio has approached the High Court for an order that would compel the ministry of home affairs, commissioner of refugees and United Nations High Commissioner for Refugees (UNHCR) in Namibia to pay them N$100 000 for psychological trauma they endured when home affairs threatened to deport them within 90 days back to their home country where they fled from in February 2019.  

“The Democratic Republic of Congo (DRC) northeastern and western part is still under great insecurity insurgent and sieges by Rwandan rebels fighting with the Congolese army, which has led to the death of millions of Congolese citizens up to date,” said the group in the affidavit. 

They want another N$100 000 for being deprived of the right to self-employment after their driving licences were allegedly suspended. They claim they have been confined to Osire refugee camp since 14 August 2020 and have been left without any employment prospects. 

For loss of income, they are claiming N$56 400 for every month from 14 August 2020 to the date of judgement. The three allegedly ran a minibus business, which they operated between Osire and Windhoek, three times a week.

They claimed, they used to make an income of N$56 400 per month. At the time, they were granted an exit permit from Osire. 

They are further claiming N$100 000 for alleged violation of human dignity as stateless persons in Namibia. Lucien and his countrymen applied for refugee status in Namibia on 12 March 2019, but their application was unsuccessful. Commissioner of Refugees Likius Valombola also decided not to grant them refugees’ status on the recommendations of the Namibia Refugees Committee.

According to Valombola, no well-founded fear of persecution and external aggression was established in their native country as they claimed. They appealed the decision in March 2020 to the Refugees Appeal Board, but they too upheld the decision of the commissioner of refugees.  

On 20 April 2020, they were given a 90-day grace period of which was extended for another 90 days on 22 April 2020 and will expire on 31 December 2020. “The applicants have failed to demonstrate that they have a right to reside in Namibia after the expiry of the grace period,” said Valombola. He added that the group was given the grace period for them to voluntary arrange for their return to their home country or to seek asylum or admission in a third country. 

The group have since sought to seek asylum in Finland with the help of UNHCR. Simeon Riruako is representing home affairs, while the group opted to represent themselves. 

-mamakali@nepc.com.na