Caprivi Strip Map

PETITION

TO:     Cc: THE PRESIDENT OF THE REPUBLIC OF NAMIBIA

Cc: THE NATIONAL ASSEMBLY OF NAMIBIA

Cc: THE SECRETARY GENERAL OF SWAPO

Cc: THE UN RESIDENT COORDINATOR IN NAMIBIA

Cc: FORMER ADMINISTRATORS OF CAPRIVI STRIP

1. Barotse Royal Establishment
2. Britain
3. Federal Government of German
4. Government of the Republic of South Africa

Cc: ALL INTERNATIONAL DIPLOMATIC MISSIONS IN NAMIBIA

Cc: COUNCIL OF CHURCHS IN NAMIBIA

Cc: NAMRIGHTS

Cc: THE OMBUDSMAN OF NAMIBIA

FROM: THE UNDERSIGNED PEOPLE OF CAPRIVI, SYMPATHIZERS, AND FRIENDS

DATE: 13 April 2012

SUBJECT: ULTIMATE POLITICAL RESOLUTION TO THE CAPRIVI POLITICAL DISPUTE

INSPIRED by wishes and aspirations of the Caprivian people for peace and unity, justice and equality, including the inherent dignity and inalienable rights provided to all members of the human kind as set out in the United Nations Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1976) and the International Covenant on Economic, Social and Cultural Rights (1976), and articulated for the African peoples through the African Charter on Human and People’s Rights (1986);

ALSO INSPIRED by the Namibian constitution, chapter 3 articles 1 to 25 which stipulates clearly the fundamental human rights and freedoms that need to be respected and protected;

CONCURRING with Amnesty International (AI) human rights report on Namibia (August 2003) which stated that seventy-five (75) percent of Caprivi High Treason suspects are political prisoners. We therefore believe and charge that High Treason offences are political offences which only require nothing but a peaceful political resolution;

ACKNOWLEDGING and appreciating Namibia’s leading human rights organization, the former National Society for Human Rights (now Namrights) call for a political solution to the Caprivi conflict (February 21, 2005) where it stated that it believes “that a negotiated settlement is not only cost-effective, but also stands the best chance of bringing about restorative justice and hence, a durable resolution of the Caprivi dispute.”

CONSIDERING the assertive conclusion of the November 28, 2011 submission by the Caprivian community in Botswana to the Government of Botswana, Namibia, and
UNHCR- Botswana that “In the interest of peace, Caprivian people shall continue to seek and appeal for an amicable approach to their political issue. The road to freedom is not easy but we are determined and courageous to face any challenges.”

AWARE of a historical fact that during the Second Berlin Conference Caprivi Strip became a Germany possession after the British exchanged it for the islands of Heligoland and Zanzibar through the Heligoland-Zanzibar Treaty (1890). Germany was stripped of its colonial possessions (including Caprivi Strip) as stated in the Treaty of Versailles (1919).  In 1920, South West Africa (now Namibia) was placed under the mandate of the League of Nations, while the Strip remained under South Africa as a separate entity.

ACKNOWLEDGING another fact that in October 1964, then Zambian Prime Minister Kenneth Kaunda and His Royal Highness Litunga (i.e. King) of Barotseland, Sir Mwanawina Lewanika, signed an agreement incorporating the autonomous Barotseland Kingdom into Zambia without the Caprivi Strip;

AND AWARE that in the same year (1964), on November 5, a significant merger agreement was signed between South West Africa People’s Organization (SWAPO) and Caprivi African National Union (CANU) with conditions which includes among others 1) To fight a common enemy, the South African regime that was illegally occupying the two countries. 2) At the attainment of independence, the people of the Caprivi must be asked whether they want to join Namibia or remain independent;

KNOWING that certain laws specific to South West Africa and subsequently Namibia were not applicable to Caprivi Strip until the Application of Laws to the Eastern Caprivi Zipfel Act 1999 (Act 10 of 1999) was promulgated only on June 24, 1999, extending the laws of Namibia to Caprivi Strip, without the consent of the Caprivian population;

HIGHLY inspired by the selfless contribution of Caprivians to the liberation of Namibia such as Brendan Simbwae who mysteriously died in the hands of South African forces, Mishake Muyongo who is now exiled in Denmark, Induna Masida who was roasted over an open fire while his subjects were observing in horror, Judea Lyaboloma whose corpse after being killed by South African forces was displayed at his village for public view as a warning, and many fallen Caprivian PLAN fighters. Against this background, we do not want to see any further form of political suppression in our society, otherwise their contribution is declared worthless, in vain.

RECALLING human rights violations committed by the Namibian government on Caprivians which included “mass arbitrary arrests and detentions, summary executions, torture, enforced disappearances and prolonged detention without trial” according to Namrights and the AI, as admitted in 1999 by then Namibia Defence Minister, Erkki Nghimtina in saying ‘definitely we made some mistakes regarding human rights abuses’

APPREACIATING the closure of the state’s case in the main Caprivi high treason trial despite the unreasonable length of more than eight years, and though legal experts still anticipate that getting to the end of the trial is not going to be a “walk in a park”, meaning it is far from over. We however, believe strongly that only a political resolution shall be regarded as fair and just for the treason suspects, their family and the entire Caprivian population;

DEEPLY concerned about the negative psychological, socio-economic effects of the current political status quo in Namibia, and particularly on the concerned Caprivian population whose families are separated by exile, high treason (political) detention and mysterious deaths, all because of this said living political dispute;

SURPRISED to learn through media reports that this political dispute is falsely used by some Namibians, not Caprivians, to seek asylum in Canada and other western countries for economic reasons to an extent that some even claim to be (or have been) members of the Caprivi Liberation Army (CLA);

COMMITTED to our moral submission AGAINST any reasonable political and social unrest in the country over the last twelve (12) years which could and can arise from political humiliations and human rights violations already alluded to, trusting that the Namibian political leadership must find or grant political justice as an ultimate resolution to the Caprivi political dispute;

AWARE and CONVINCED that Caprivi high treason cases and the political dispute can be peacefully settled politically through a UN organized and supervised dialogue and referendum if the Namibian political leadership really want to settle the dispute permanently;

OBSERVING with keen interest of the way the current Zambian political leadership is handling the Barotseland 1964 Agreement issue through presidential inquiry, diplomatic and public engagement of which the Namibian government can do the same if it really wishes to settle the Caprivi secession issue amicably;

CAUTIOUS of a possible war in Caprivi Strip if those peacefully advocating to secede Caprivi Strip based on historical, political and legal facts, are not listened to or provided with any peaceful platform to tell their side of story by either Namibia or the international community. As Martin Luther King Jr. a widely acclaimed Black American civil-rights activist once said “violence is the language of the unheard.”

DETERMINED to responsibly defend all inherent human rights and make sure that all human beings remain equal and free in dignity and in rights despite the kind of political belief they hold. So that all people, including Caprivians should pursue the fullest measure of their political thoughts and beliefs without fear. So that everyone is able to ask political questions, and to be provided with convincing political answers without fear, favor or prejudice;

BECAUSE our friends and families, including ourselves have suffered enough and that we do not wish to pass this political dispute to the subsequent generations;

IN RESPECT of all the lives and souls lost in this dispute;

AGAINST ANY PREJUDICE towards us, we, the undersigned resolve to peacefully seek an amicable political resolution to the Caprivi political dispute, as much as a dying person needs life, by hereby demanding, for the love of the nation:

1. The President of the Republic of Namibia to unconditionally release all Caprivi political prisoners and seek a peaceful political resolution to the Caprivi high treason through dialogue with Mr. Albert Mishake Muyongo, leader of the secessionist movement.

1. The National Assembly of Namibia to initiate, approve or decide to hold a referendum on the Caprivi political dispute as a matter of national concern, where only native Caprivians shall participate.

1. The Secretary General of SWAPO to publicly elucidate the current status of CANU in (or alongside) SWAPO based on the terms and conditions of the November 5, 1964 merger agreement.

1. The UN resident coordinator   in Namibia to independently initiate a fact finding inquiry on the Caprivi political dispute and make recommendations for an ultimate resolution to the Government of Namibia and the UDP leadership.

1. Former administrators of Caprivi Strip, the international diplomatic community in Namibia, religious and human rights organizations to publicly persuade the Government of Namibia to seek a political resolution on the Caprivi political dispute.

1. The Ombudsman of Namibia to investigate the violation of Article 21(a), (b), and (e) of the Namibian Constitution by the President of Namibia in banning UDP from holding public meetings in Namibia (07 Sep 2006), and to take appropriate action to call for the remedying, correction and reversal of the ban through negotiation and compromise between the parties concerned. We charge that it is unjust, oppressive and unfair in any democratic society to unconstitutionally ban a peaceful political organization;

We therefore, humbly but firmly demand that our demands be granted within a period of twenty-one (21) days and nights, from today, 13 April 2012, failure of which will compel us to peacefully protest every Sunday.

We thank you.

Phil ya Nangoloh	8:18 AM (2 hours ago)		Phil ya Nangoloh
to Phil

April 13 2012

BREAKING NEWS

NAMIBIAN POLICE SUPPRESSES CAPRIVIAN FREEDOMS DE NOVO

Namibian Police (NamPol) Inspector General, Lt-General Sebastian Ndeitunga, has yesterday declined to “approve” a peaceful demonstration by a group of concerned Caprivians at Katima Mulilo.  In a letter dated April 5 2012 addressed to NamPol’s Regional Commander for the Caprivi Region, members of the organizing committee, representing more than 100 concerned residents of the volatile Caprivi Region, notified NamPol (see attached or visit www.namrights.org.na) of their intention to “hold a peaceful demonstration” and to “assemble and march to peacefully […] and formally hand over our petition to you”.

In their Petition (see attached or visit www.namrights.org.na), the censored demonstrators expressed their dissatisfaction with the marathon Caprivi High Treason Trial (CHTT)[1] as well as the current political status of Namibia’s Eastern Caprivi Zipfel, which after Namibian Independence is officially known as the Caprivi Region. They inter alia demanded that Namibia’s President Lucas Hifikepunye Pohamba “unconditionally release all Caprivi political prisoners and seek a peaceful political resolution” through dialogue with Caprivi secessionist leader Mishake Muyongo. Referring to Article 63(2) (g) of the Namibian Constitution[2], the suppressed demonstrators also urged Namibia’s Parliament to “initiate, approve or decide to hold a referendum on the political status of the Caprivi Zipfel.

In his letter declining (see attached or visit www.namrights.org.na) to “approve” the planned demonstration Lt-General Ndeitunga inter alia said:

“Secessionist as per the Constitution of Republic of Namibia is classified as High Treason, any pro-secessionist demonstration whether peaceful or in any whatever form will be construed as supporting the secessionist ideology or the separation of Caprivi from the rest of the Republic of Namibia”.

In a similar move on August 12 2010, NamPol imposed a draconian order banning[3] all and any demonstrations and or gatherings countrywide between August 12 2010 and August 20 2010. However, in its August 17 2010 ruling in which Lt-General Ndeitunga was respondent, the High Court declared[4] banning order unconstitutional and as invalid. The Court ruled that Proclamation AG 23 of 1989, upon which Ndeitunga rested the banning order, does not give the Police the power to ban any planned peaceful gathering or demonstration. On the same occasion, Ndeitunga conceded that the Proclamation AG 23 0f 1989 does not give the Police the power to ban a gathering demonstration that is planned.

Therefore, NamRights rejects the latest Police banning order on the peaceful demonstration by concerned Caprivi residents as unfair and unreasonable.  In terms of the permanently entrenched Namibian Bill of Fundamental Rights and Freedoms[5] (i.e. Chapter 3 of the Namibian Constitution) all persons have the right to freedom of opinion and expression (Article 21(1) (a)) and all Namibians have the right to participate in peaceful political activity intended to influence the policies of Government and to join or form political parties or associations to participate in the conduct of public affairs (Article 17). According to Articles 21(1) (a), 21(1) (b), 21(1) (c) and 21(1) (d) of the said Constitution, everyone has the right, individually or in association with others, to exercise and enjoy the right to freedom of association, assembly and movement.

“We strongly disagree with the latest Police ban on the planned peaceful Caprivi demonstration and reject the reasons given for the ban. As far as we are concerned, to secede any part of Namibia by peaceful means is one of the democratic rights protected by the Namibian Constitution. Only secessionism through violent means is totally excluded and, as such, could be construed as high treason. Therefore, the Police ban on a peaceful pro-secessionism demonstration constitutes a flagrant violation of basic human rights and fundamental freedoms as enshrined in the Constitution. NamRights is hereby reminding the Police that the Constitution is the Supreme Law of Namibia and as such its provisions must be respected, protected and fulfilled in respect of all persons in the country”, said NamRights executive director Phil ya Nangoloh.

Meanwhile, a group of Namibian refugees in neighboring Botswana is accusing the Namibian Government of attempting to refouler[6] them to Caprivi. In the Open Letter (see attached or visit www.namrights.org.na) severely criticizing Namibia’s Commissioner for Refugees, Nkrumah Mushelenga, they also rejected such attempts, which they view as a harassment on the part of the Tripartite Commission (consisting of the Governments of Namibia and Botswana and the UN refugee agency, UNHCR).

In case of additional information, please call, e-mail or text: Steven Mvula or Phil ya Nangoloh at Tel: +264 61 253 447, +264 61 236 183 or +264 811 406 888 (office hours) or Mobiles: +264 811 299 886 (Phil) and or +264 812 912 948 (Steven) or E-mail: nshr@nshr.org.na or nshr@iafrica.com.na or visit us at: Liberty Center, 116 John Meinert Street, Windhoek-West, Windhoek or visit our website at: www. namrights.org.na

[1]http://en.wikipedia.org/wiki/Caprivi_treason_trial

[2]http://www.nshr.org.na/downloadfiles/constitution/pdf/NamCon.pdf

[3]http://www.namibian.com.na/index.php?id=28&tx_ttnews[tt_news]=71366&no_cache=1

[4]http://www.namibian.com.na/index.php?id=28&tx_ttnews[tt_news]=71530&no_cache=1

[5]http://www.orusovo.com/namcon/

[6]http://www.refugee.org.nz/JessicaR.htm

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Chrispin Mutoiwa; UDP Secretary for Information

It is the obligation of all the people from the Caprivi Strip to stand tall and advocate the interests of that territory.  It must be done without fear of being arrested or being prejudiced in terms of losing a job or banned from getting basic necessities. Article 21 of the Namibian Constitution, is clear on the Fundamental Freedoms Namibian citizens are entitled to enjoy. But because Caprivians are not Namibians they were stripped off, of all these freedom, including celebrating the Namibian independence on March the thirty first (31st).  This signifies that SWAPO recognize the undisputed fact that The Caprivi Strip is not part of Namibia.

Let us say here that from the time Mr. Muyongo returned from exile, people can recall the fact that he was vocal in terms of advocating for the common good and interests of the Caprivi Strip and its populace. He was firm in his conviction that SWAPO was not a party for the Caprivians as it never wanted anything good for the Caprivi territory, and that all they wanted was land for their self interests. They wanted the Caprivi turned into farm land and its people forced out to seek land elsewhere. This for many was hyperbole or not convincing enough, as they thought he just hated them, given his past experiences with Mr. Sam Nujoma. We all believe in a saying that something you hear cannot destroy you but once it unveils itself it kills. Blessed are they who did not see, and yet believed, (John 20: 29) Jesus said these words to Thomas and other disciples.

SWAPO slowly started with PEDICO, an Egypian agricultural company that was organized and set to do agriculture in Lake Lyambezi. It was Mr. Muyongo who fought against the SWAPO regime and the company was stopped only when it was found wanting in terms of finance. It then became worse after the exodus of Caprivians into exile. They massacred the people in Western Caprivi with intent to confiscate it from the Barakwena who resided there, (see Human Rights and Amnesty Int. Report, 2000). It was reported that mass graves were found and excavated in Angola and Western Caprivi. The announcement by Ndaitwa that Bwabwata was part of Kavango coupled by shifting the plate board at Mukuvi (Andara area), the border between Caprivi Strip and Namibia to Kongola was not only provocative but an undertaking organized by SWAPO in furtherance of their old plans to grab land from Caprivians.

Today we hearing of land in the Caprivi being sold to people and government of Namibia, something that never happened even during the apartheid time. Our stance on this issue is this that land from time immemorial in the Caprivi Strip belonged to the chiefs who were and are custodians to that land. It is a commodity that can turn people‘s lives for the better. From land children can get education, from land poor families can feed themselves, and from land one can get riches. We are troubled by the news that SWAPO has of recent put into effect, a law that forces people to register land where they live, where they cultivate their crops, and where they graze their cattle. Why this law, if at all it exists?

The next thing will be that everyone will only be allowed to have a certain number of livestock and the rest will belong to the government. This is without any doubt what many refers to as communism, an ideology SWAPO learnt and is perfecting it in the Caprivi Strip. Our message on this is simple, stand up and fight for your rights. Namibia up to this moment has not solved the question whether you want to be Namibians or you will remain as Caprivians, (see Act 39 (5) Act of 1968 of the Constitution of South West Africa). Under that Act and law of South West Africa (Namibia), Namibia has no jurisdiction over The Caprivi Strip. What they came up with in 1999 is incongruent to the facts on the table and thus inconclusive and unconstitutional, even in accordance to the Namibian laws.

The case of Caprivians in the Namibian prisons is disheartening. For thirteen years they are behind bars kept there by the SWAPO regime to score points. Where is justice if people are deprived their right to the fundamental freedoms including that of self determination? It is barbaric to imprison people indefinitely to gain political expedience because at the end you could be found guilty of contravening your power limitations. Remember that no one is above the law because one day you will be forced to account for your cruelty. Justice delayed is justice denied.

To the people of the Caprivi Strip, who is going to bring justice if you do not demand it? If you are deprived of your rights, it is logical to stand up and fight for those rights. SWAPO is a party of criminals and thus will stop at nothing but do everything for political expedience. We have come a long way and the baby is about to be born. We are our own liberators, let us face our fears head on and God knows we shall conquer. So united we stand, divided we fall.

UDP, Bulela Sicaba Sa Utwa!!!!

Chrispin Mutoiwa

UDP Secretary for Information.