Negotiations between Namibia and Germany on the 1904-1908 Ovaherero and Nama genocide have dragged on since 2015. Basically, negotiations are leveraged mainly by a combination of factors, such as the weariness from conflict, the perception that military gains are limited, the presence of strong mediation and diplomacy from international or regional actors, and domestic and international pressure.
The Ovaherero and Nama’s reparations struggle is chiefly moral, not just financial, representing a demand for identity, dignity, justice and truth. Emboldened by a strong sense of self-worth, they seek justice independently of external validation.
However, international law imposes obligations on states to prevent and punish the crime of genocide and ensure justice and reparations for the victims. This is primarily established by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The German government’s intransigence hampers Namibia-Germany negotiations, undermining victims’ trust and hopes. It fosters pessimism, evident in legal actions like invalidating the Joint Declaration and the High Court’s dismissal of a case against Germany. These reflect frustration and a lack of progress in the prolonged dispute.
Fate of negotiations
Genocide negotiations between Namibia and Germany over the Ovaherero and Nama genocide (1904-1908) face challenges and debate. Critical analysis suggests negotiations should include inclusive representation, involving Ovaherero and Nama authorities, not just government talks; legal recognition to officially acknowledge the atrocities as genocide under international law, which Germany has avoided to sidestep reparations.
Formal apology: Germany should issue an official, unequivocal apology to the descendants of the victims of genocide. Direct benefits: mechanism be established to ensure that quantum and projects being contemplated as part of compensation, fairly address the lasting legacy of historical injustices, structural racism, land dispossession, trauma and socioeconomic exclusion, which are central to the demand of the affected communities.
Transparency and feedback: the negotiation process needs greater transparency and with regular feedback to the affected communities. This indeed has been the main setback.
Leverage
Leverage is a key force in successful negotiations. International support and pressure help by providing legitimacy, leverage and resources, and facilitating communication.
Support connects parties to the global community and finances, while pressure through sanctions or threats can influence outcomes. It is a mix of technical assistance and diplomatic frameworks to help parties reach mutually beneficial agreements.
Usually, facilitators or mediators use these tools to create an environment more conducive to a breakthrough if any party lacks technical skills or progress is deliberately being thwarted.
One wonders whether Namibia has earlier explored such an opportunity for support in this regard.
No breakthrough
Over a century after the genocide, the Ovaherero and Nama fight for justice from Germany remains Namibia’s profound moral issue. Since Dr Zed Ngavirue’s appointment on 4 November 2015, as a special envoy for negotiations with Germany, and after 10 years of talks, no significant breakthrough has been achieved. In May 2021, the Namibian and German governments initialled a Joint Declaration, which is often seen as controversial. Following further negotiations, they reached a new decision in December 2024, which is expected to lead to a signed declaration. Yet, no government has formally signed it. But such attempts, as laudable as they may have been, did not yield the expected results. These issues have increased dissatisfaction, and calls for re-negotiation, including direct involvement of traditional community leaders. A process of internal consultations and consensus-building is ongoing under the Namibian government. The Joint Declaration has not been presented to Parliament, and the government has not clarified the status of negotiations with Germany. Overall, progress appears stalled.
Seeking for justice
The Ovaherero and Nama genocide was a campaign of ethnic extermination and collective punishment, between 1904-1908. Between 100 000 Ovaherero and 10 000 Namas were killed. This is the first genocide (holocaust) of the 20th century in the German war of annihilation that took place in “German South West Africa”.
From near-extinction, the Ovaherero and Nama communities rebuilt their homes, cultures and families. Their demand is for accountability, truth and acknowledgment for victims of mass atrocities.
It seeks to address physical, economic and social harms, restore dignity and prevent impunity. In closing, the 1904-1908 genocide is now 121 years old, and the current negotiations have been ongoing for the last 10 years, with no prospects in sight. In seeking justice for the descendants’ victims, and to restore their dignity and achieve peace and harmony in the country, we earnestly implore President Netumbo Nandi-Ndaitwah to leverage the negotiations to address this issue once and for all.
This offers a glimpse into the president’s success, creating a perception of change and highlighting leadership style. New leaders are judged on their engagement and listening skills, serving as a symbolic benchmark to assess initial actions, set the tone and establish the agenda.
In today’s Africa, using land invasion as leverage to address colonial land dispossession by granting indigenous peoples their land rights are not the best option at all, but their patience may run out. May Your Excellency rise to the occasion.
*Maj. Gen. (RTD) J. B Tjivikua is a descendant of victims of 1904-1908 genocide.