DITSHWANELO

DITSHWANELO Press Statement on the Case Update on the Namibian Refugees in Botswana

In an 18 March 2016 judgement, the Lobatse High Court confirmed its interim order issued on the 4 January 2016. In both decisions, the government of Botswana was ordered not to deport the Namibian refugees. In the 18 March 2016 judgement, the Judge noted that it is unsafe for the Namibian refugees (from Caprivi) to return to Namibia, considering that the political situation, in relation to the applicants, had not adjusted.

On 23 December 2015, DITSHWANELO - The Botswana Centre for Human Rights and the Botswana Council of Churches filed affidavits before the High Court of Botswana.This was in support of an urgent application made in December 2015 by, Felix Kakula and 732 Others. They sought the court to order the Government to retain their refugee status in Botswana. The order of 4 January 2016 was made in favour of the applicants.

The government of Botswana had decided to invoke the cessation clause on 31 December 2015, in respect of the Namibian refugees in Botswana. This would have meant that their refugee status would have ceased to exist from 31 December 2015.

DITSHWANELO stated in its affidavit that there had been no evidence that the environment in Namibia, politically and otherwise, in relation to the applicants, had been adjusted in a manner or fashion which would have dispensed with what the Honourable Court, during the 2000 Extradition case, found to exist at the time.At the time, suspected members and supporters of the banned United Democratic Party (UDC) had faced persecution. This proved to still be the case as suggested in the recent judgement of State V Mulumo and 65 Others[1] in December 2015.

On 9 December 2015, the State (Namibia) charged and convicted some of the refugees who had returned to Namibia from Botswana,with charges ranging from high treason to illegally exiting Namibia. Media reports suggest that, most of them were arrested solely on the basis of their actual or perceived political views, ethnicity or membership of the UDC. The Namibian refugees in Botswana have not denounced their political opinion or objective of an independent Caprivi Strip.[2]

The affidavit of the Botswana Council of Churches, stated that the “GO AND SEE AND COME AND TELL” Mission was aborted on its third day after they (the Mission) were advised by the District Commissioner of Zambezi Region (formerly the Caprivi Region) in Namibia “to pack their bags and return to Botswana”. Further, the affidavit states that, “the District Governor advised that Windhoek perceived the Mission to be a threat to national security and that they had to leave immediately. The District Governor said he was surprised that the chiefs in the region had spoken in favour of the Namibian refugees who he said were not safe to go back to their country of origin”.

On 4 January 2016, the High Court ordered, among others, that the government of Botswana:

  • shall not deport the refugees,
  • should provide the Namibians with a copy of the tripartite commission report for the “GO AND SEE, COME AND TELL” Mission of July 2015 and
  • should provide written reasons as to the government’s decision to revoke their refugee status in the country.[3]

22 March 2016

Gaborone

For more information please contact: DITSHWANELO – The Botswana Centre for Human Rights Tel: +267 3906998 Cell: +267 71309468 Fax: +267 3907778 Email: Website: http://www.ditshwanelo.org.bw Facebook: Ditshwanelo – The Botswana Centre for Human Rights Twitter: @DitshwaneloBCHR

[1] The State and Calvin Mulumo and 65 Others (CC 32/2001) [2016] NAH CMD 43 (8 Dec 2015).

[2] Caprivians’ Petition. 2015. The Petition handed over to government of Botswana, Namibian High Commission and the Office of the United Nations High Commissioner for Refugees (UNHCR) in Botswana. Available at: http://www.capriviconcernedgroup.com/caprivians-petition/.

[3] On the 11th January the government of Botswana provided the applicants with a copy of the “GO AND SEE AND COME AND TELL” Mission Report.