Staff Reporter<\/p>\n\n\n\n
THE Ovaherero Traditional Authority (OTA) has announced that the international human rights organisation Amnesty International has filed court papers seeking to join the fight against the signing of the Joint Declaration between the Namibian and German governments.<\/p>\n\n\n\n
The Joint Declaration, which is said to be at the final stages and is expected to be signed by the two governments before the end of this year, seeks to offer reparations for the 1904 and 1908 Nama\/Ovaherero genocide perpetrated by colonial German military forces.<\/p>\n\n\n\n
Germany’s offer remains at \u20ac1.1 billion (approximately N$18 billion) over 30 years for genocide reparations, despite the affected communities demanding N$1.1 trillion.<\/p>\n\n\n\n
In a statement, Dr Mutjinde Katjiua, the Paramount Chief of the OTA, said that their commitment to fight this case to the end of time is unwavering and is now drawing international support.<\/p>\n\n\n\n
\u201cToday, Amnesty International filed papers to join our case as Amicus Curiae,\u201d Katjiua announced at a press conference held on Tuesday, 11 August 2026.<\/p>\n\n\n\n
Whilst the High Court dismissed an application by the Landless People’s Movement (LPM) and various traditional authorities to join the Federal Republic of Germany as a respondent or allow court documents to be served on Germany in November 2021, the main application, which seeks to set aside the Joint Declaration agreement, still forges ahead.<\/p>\n\n\n\n
In a founding affidavit filed with the High Court of Namibia, Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa, is seeking approval from the court for it to be added as the 14th applicant in the matter, as amicus curiae, and help provide facts and expert opinion on the case, as a friend of the court.<\/p>\n\n\n\n
Chagutah said that the applicants in the main application argue that the Joint Declaration is unlawful due to its inconsistency with the Namibian Constitution, the National Assembly’s 2006 Motion on Genocide against the Namibian People and\/or international law.<\/p>\n\n\n\n
He added that the application raises many important questions relating to international and regional law, particularly concerning State obligations, in this instance Namibia, to adhere to human rights law.<\/p>\n\n\n\n
\u201cIn the context of this matter, these obligations would be relevant in both the development of the impugned agreement and the negotiation process,\u201d Chagutah said.<\/p>\n\n\n\n
Some of the relevant questions which engage international and regional law that bear consideration in this matter include whether the provisions of the Joint Declaration violate the rights of the Ovaherero and the Nama people to full and effective reparations for crimes under international law and serious violations of international humanitarian law and\/or human rights law.<\/p>\n\n\n\n
\u201cThese human rights issues fall squarely within Amnesty International’s areas of expertise, drawing on its extensive experience, established body of work, and sustained engagement with similar questions in both international and regional contexts. The application of necessity engages international law. The application engages Article 144 of the Constitution, which renders the general rules of public international law and international agreements binding upon Namibia, subject to the Constitution and any statutory law,\u201d Chagutah argued.<\/p>\n\n\n\n
He argued that there is limited authority in Namibia in relation to the interpretation and application of Article 144 of the Constitution; it is therefore an area of jurisprudential importance.<\/p>\n\n\n\n
\u201cAs I have indicated above, the Applicant’s area of expertise is international law focused on defending and protecting human rights,\u201d Chagutah said, adding that, if admitted, Amnesty International will seek to assist the Court by providing legal submissions on relevant international and regional law, including Namibia’s obligations under the relevant international and regional treaties to which it is a state party and customary international law, where applicable.<\/p>\n\n\n\n
This includes the right to reparations for victims of crimes under international law and other serious violations of international humanitarian law and\/or human rights law, including in colonial contexts; the right of Indigenous Peoples to participate in decision-making in matters which would affect their rights; and the obligation of States to consult with Indigenous Peoples to obtain their free, prior and informed consent.<\/p>\n\n\n\n
Founded in 1961, Amnesty International is an international non-governmental human rights organisation and movement of over 10 million members, activists and supporters in more than 150 countries and territories. It is impartial and independent of any government, political ideology, economic interest or religion. Amnesty International is recognised as an accurate, unbiased and credible source of research and analysis of human rights conditions around the world.<\/p>\n\n\n\n
Photos: Amnesty International<\/p>\n","protected":false},"excerpt":{"rendered":"
Staff Reporter THE Ovaherero Traditional Authority (OTA) has announced that the international human rights organisation Amnesty International has filed court papers seeking to join the fight against the signing of the Joint Declaration between the Namibian and German governments. The Joint Declaration, which is said to be at the final stages and is expected to …<\/p>\n","protected":false},"author":10,"featured_media":399209,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24],"tags":[],"class_list":["post-399208","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news"],"yoast_head":"\n