Michael Uerikua, a representative of the civil society organisation ‘Otjisuta Otjetu Oveni Association’, earlier this year presented a crucial document to the United Nations Permanent Forum on People of African Descent (PFPAD) outlining how the Reparatory Justice Commission could assist the Herero and Nama people during their negotiation talks with the German federal government. The focus of this endeavour was to seek justice for the horrific atrocities that occurred during what is now recognised as the first genocide of the 20th Century, spanning from 1904 to 1908 in Namibia, which was then known as German South West Africa.
The submission took place at the UN General Assembly in New York City on 31 May 2023, during the second session of the PFPAD, a UN body established to serve as a consultation mechanism, ensuring the inclusive participation of all members of the United Nations. The United Nations funds and programmes, specialised agencies, civil society organisations of people of African descent, and other relevant stakeholders.
Uerikua told New Era the ‘Otjisuta Otjetu Oveni Association’ participated in this event with a clear mission aimed at creating a legislative framework and a task force that would direct the benefits of reparations for these historical atrocities toward the affected communities. Hence, their organisation’s name, ‘Otjisuta Otjetu Oveni’, which translates to “Reparations are for us”, underscores their commitment to ensuring that the reparations process not only brings justice but also satisfaction to the communities impacted by the 1904-1908 genocide.
Uerikua, a community activist and a descendant of Ovaherero refugees who fled Namibia to Botswana, emphasised that several of the PFPAD’s recommendations align with the objectives of their participation in the Permanent Forum. Notably, one of these recommendations offers an opportunity for continued engagement with the world’s largest human rights protection organisation, the United Nations.
“Another critical recommendation stipulates that each submission made by civil society organisations will be shared with the UN General Assembly and the respective member states for consideration and the implementation of action plans that safeguard human rights. This ensures that their submissions will not be in vain and will be actively monitored for progress,” he added.
Uerikua pointed out another significant outcome as the recognition that documented evidence of crimes against humanity, particularly of the magnitude of genocide, qualifies for consideration under the Rome Statute’s Article 7(1)(c). This article allows for prosecution due to enslavement and extermination as crimes against humanity, provided they are committed as part of a widespread or systematic attack directed against a civilian population.
Furthermore, Uerikua and the Otjisuta Otjetu Oveni organisation aimed to establish a task force on reparations to facilitate the development of a comprehensive reparation policy and programme.
“Due to our (Otjisuta Otjetu Oveni) and other parties, the UN Permanent Forum identified the need to urgently establish a Special International Tribunal that is skillful, resourceful with expertise in handling reparations claims (including that of genocide). This will educate stakeholders on the legalities of reparations with assessment and measurements of the damages caused and reparatory packages thereof.” Uerikua also expressed his satisfaction with the UNs’ decision to create a global reparatory justice commission, comprising member states, to develop a comprehensive global reparatory justice programme and action plan.
He highlighted his ongoing collaboration with rapporteurs and other stakeholders, sharing ideas on possible solutions through the UN. These recommendations will be discussed at the UN National Assembly level, involving heads of state and selected individuals who will contribute to recommendable solutions.
“This process may take time, but it is undoubtedly a worthwhile endeavour in the pursuit of justice and reparations for the affected communities.”
Last month, Bundestag member Sevim Dağdelen said the German government is not serious about genuinely atoning for its colonial crimes. She is a member of the Left Party and has been one of the lone voices in the German parliament, who have over the years advocated for justice for the descendants of the 1904-08 genocide, which colonial Germany meted out on Ovaherero and Nama communities.
She is also a staunch believer that Germany must engage the affected communities directly, instead of having talks between it and their Namibian counterparts. Dağdelen, in a statement, called it “a sorry state of affairs when the Federal government refuses to this day to negotiate directly with the descendants of the victims of the genocide”.