By Patrick Kauta and Esther Shigwedha /
Will Namibia’s constitutional protections and international law provide meaningful remedies for colonial-era atrocities, or will reconciliation efforts skirt accountability again?
The first genocide of the 20th century, perpetuated against the OvaHerero and Nama peoples in what is now Namibia, remains unresolved in international and domestic courts.
In a matter currently before the High Court of Namibia, the communities continue to seek reparations for atrocities committed under German colonial rule.
German colonialism started late, in the 1880s, and was driven by private commercial interests.
Otto von Bismarck, the German imperial chancellor, devised a policy that prioritised the German flag following trade relations and preferred indirect rule through alliances with indigenous peoples.
In line with that plan, the territory, which is now the central and southern part of Namibia, came under the influence of the German Empire by virtue of a protection agreement in 1885, signed by Chief Samuel Maharero of the OvaHerero people, as well as a similar later agreement with other chiefs, among them certain Nama tribes.
At first, Germany outsourced the administration in what became known as Southwest Africa to private German companies. However, government agencies became more involved in the administration over time, primarily for the purpose of protecting German trade interests and settlements.
On 2 October 1904, Lieutenant General Lothar von Trotha, a military commander in the German army, issued an extermination order, with the following chilling directive:
“I, the great general of the German troops, send this letter to the Herero people, the Hereros are no longer German subjects.
“All Hereros must leave the land. If the people do not want this, then I will force them to do so with a great gun. Any Herero found within the German borders, with or without a gun, with or without cattle, will be shot.
“I shall no longer receive any women and children. I will drive them back to their people or I will shoot them. This is my decision for the Herero people.”
On 22 April 1905, he issued a second extermination order, this time against all Nama people.
Both orders led to the confiscations, expropriation of property from Herero and Nama people, and led to forced labour and internment in concentration camps. The result was the mass killing and murder of 80% of the OvaHerero people and 50% of the Nama people.
This period is often referred to as the first genocide of the 20th century. History teaches us that the brutal suppression of the Maji-Maji rebellion by Germany occurred in Tanzania between 1905 and 1907, the Armenian genocide around 1913 and 1914, and the infamous genocide and extermination by Adolf Hitler that followed thereafter.
The German Reich or Empire had therefore practiced its extermination in Namibia, Tanzania, and Armenia before World War I and II.
The land grabbing and mass killing had profound social and economic consequence for the OvaHerero and Nama communities, as well as lasting impacts on the fabric of the nation of what is now Namibia.
In a joint declaration, the Namibian and German governments unanimously resolved that Germany would unequivocally acknowledge its genocide against the OvaHerero and Nama people and all affected communities.
However, the OvaHerero and Nama communities were largely excluded from these talks.
Despite the communities demanding direct participation in discussions, the negotiations between the two governments remained secretive and non-transparent.
The OvaHerero and Nama communities have challenged the Joint Declaration in the High Court of Namibia. They are seeking that the Namibian government set aside the joint declaration, with a view that it is inconsistent with the Namibian constitution.
They also seek to bring Germany before the Namibian court to acknowledge, consistent with the 2006 parliamentary motion, that the atrocities of 1904 and 1905 were genocide and therefore reparations pertain to the issue.
The struggle for justice for the OvaHerero and Nama genocide victims highlights the tension between historical legal doctrines and contemporary human rights standards.
The outcome of the current legal challenge will determine whether Namibia’s constitutional protections and international law can provide meaningful remedies for colonial-era atrocities, or whether reconciliation efforts will fall short of true accountability.
– Patrick Kauta is a Managing Partner and Director, and Esther Shigwedha is a Senior Associate, at Cliffe Dekker Hofmeyr, Namibia.
