June 18 2009
Windhoek Namibia

PRESS CONFERENCE

CONGOLESE REFUGEES FEAR FOR THEIR LIVES

Ladies and Gentlemen, my name is Phil ya Nangoloh, Executive Director of NSHR.

Currently there are protracted situations affecting millions of refugees and asylum seekers worldwide with no tangible solutions in sight. Millions of human beings like you and me have been languishing in exile for years and, sometimes, decades. Regrettably, however, for the decision-makers, this state of affairs is apparently a low-profile, albeit being a high-risk situation with serious humanitarian and human security implications.

In its 2006 report on the state of the world's refugees, the UN refugee agency, the United Nations High Commission for Refugees (UNHCR), noted that “the majority of today's refugees have lived in exile for far too long, restricted to refugee camps or are eking out a meager existence in urban centers throughout the developing world.” According to UNHCR, 42 million people have been uprooted more by civil strife than by international conflict. This figure includes 16 million refugees and asylum seekers and 26 million internally displaced people (IDPs).

Today, i.e. two days before the worldwide commemorations of the International Refugee Day, refugees and asylum seekers remain one of the most vulnerable sections in Namibia. As concerned human rights defenders, we (NSHR) are duty bound to monitor and advocate for the respect, protection and fulfillment of inter alia the rights of refugees and asylum seekers.

On June 9 2009 we were approached by a group of 41 refugees and asylum seekers---men and women and their children—most of who have been living at the Osire Refugee Camp (ORC) here in Namibia for more than five (5) years. These Congolese (DRC) nationals have constituted themselves into the Association of the Voiceless (AV), a refugee rights group formed to voice concerns over dissatisfactory conditions at the ORC. The ORC is situated some 220 kilometers northeast of Windhoek.

Owing to their membership in the AV, these refugees and asylum seekers have allegedly received both open and veiled threats, including imminent death, from Namibian Police officers at the ORC, from fellow refugees, and, sadly, from the Government of Namibia (GoN) per se. Prima facie, there is compelling documentary and circumstantial evidence that the AV members as such have received death threats, that they face imminent expulsion from Namibia and, further, that they might be subjected to refoulement (i.e. forcible repatriation) to the DRC.

For example, on March 30 2009 the AV addressed a non-violent letter to the Ministry of Home Affairs and Immigration (MHAI), detailing some of the unacceptable conditions at the ORC. Regrettably, in response to this constitutional exercise of their right to freedom of expression and opinion, the MHAI replied that the AV’s “writings constitute a threat to peace and security […].” The MHAI then ordered the AV to “stop writing sensational articles […]. Anybody, as an individual, found continuing with that adversary type of behavior shall be requested to leave the Republic of Namibia within a specified period.”

Secondly, through the attached Affidavits by Kabangu, Ngoma and Mwenze, they have alleged that they have, on several occasions, received death threats from GoN officials.

Thirdly, the AV members are also apprehensive of the life-threatening statements, as widely reported in the local media, made by Founding Father of the Namibian Nation, Dr. Sam Nujoma, at Helao Nafidi town on or around May 23 2009. Dr. Nujoma reportedly made inter alia the following statement: “We will only work together and co-operate with those foreigners who are respecting us and those who do not can pack and go or they will face bullets in their heads.”

There is no other interpretation than that these Congolese nationals are in effect regarded as not respecting the Namibian people due to their writings.

Naturally disturbed by the aforesaid allegations, on June 10 2009 we directed an urgent letter (see attached) to the MHAI (Tel: +264 61 292 2017) wherein we have requested GoN to respect, protect and fulfill the rights of these people by affording them all necessary protection in accordance with our national laws and international obligations. We have also written a To Whom It May Concern letter copied to, among others, Namibian President Lucas Hifikepunye Pohamba (Tel: +264 61 270 7356), UN High Commissioner for Refugees (Tel: +264 61 237 143 or +41 22 204 6500), International Committee of the Red Cross (Tel: +263 4 790 260) and the International Organization for Migration (Tel: +27 12 342 2789) As of today 10h00 the MHAI has not responded to our letter.

Since we have received no response from the MHAI, on June 11 2009 we issued the attached Press Release to register our strongest disapproval of the manner in which the MHAI has allegedly treated AV members.

According to AV President Joel Mwamba Kabangu and his colleagues, both GoN and UNHCR-Namibia have failed to grant them practical refugee protection as provided for in the 1951 UN Convention relating to the Status of Refugees and other related international laws governing refugees, including those adopted by the African Union. These treaties are legally binding in Namibia.

On June 15 2009, we sent an Urgent Appeal petition (see attached) to Mr. Philip Alston, who is the incumbent UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions based in Geneva (Tel: +41 22 917 9377). His mandate includes urgently and effectively responding to information that comes before him, in particular when an extrajudicial, summary or arbitrary execution is imminent or threatened or when such an execution has occurred.

I would like to state, in passing, that Namibia was and is part of the resource-driven conflict in the DRC from which these people have fled. Namibia was deeply involved in the brutal war in that country between 1997 and 2002. This is also why a Namibian state company called August 26 is said to be benefiting from a lucrative diamond mine it operates at the village of Maji Munene, some 45 kilometers southwest of Tshikapa in that country’s Katanga Province.

The Special Rapporteur discharges his or her mandate mainly on the basis of information brought to his attention by inter alia non-governmental organizations. This extra-conventional mechanism is guided primarily by international legal standards, with specific reference to articles 6, 14 and 15 of the International Covenant on Civil and Political Rights. These provisions have the same force and effect as Article 6 of the Namibian Constitution.

I thank you!