Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698937713690.pdf (Namibia)
Friday, September 3, 2021 Attention: Professor Peter Katjavivi Speaker of the National Assembly Republic of Namibia PETITION TO THE Parliament of the Republic of Namibia for the inclusion of the NAMA and Ovaherero Traditional Authorities and People's on Genocide, Apology and Reparations (GAR) negotiations and claims against the Federal Republic of Germany The PETITION seeks to halt any parliamentary process without direct discussion between the affected communities and the Federal Republic of Germany and demands the restart of the negotiation process inclusive of the directly affected communities.
:--\\1 \ TR \DITlO'AL I.EAIlt.RS' \"SOC!.\ 110' SUMMARY to announce In the Joint Declaration by Federal Republic of Germany ("Germany") and reconstruction ("Namibia") Governments 'German Government abominable from today's violation of positive and customary international and the Republic of Namibia agreement between the two the atrocities committed during periods of the colonial war culminated in the events that, in perspective, would be called genocide.'
Indeed, what occurred was genocide reconciliation the and Namibia, acknowledges of Germany the recent law.
that caused by the German government's Despite the fact that Germany ratified the 1948 Genocide Prevention and Responsibility to Protect the government of Germany disputes its liability to compensate the survivors and their Convention, of vast Nama and descendants expropriation for damages including, but not Ovaherero material wealth by and through its illegal wars of extermination, through limited to, - possessions which the total movable including land held in trust by tribal authorities on behalf of the Ovaherero and Nama communities - were expropriated under color of law without any compensation as part of an explicit and well-documented and impoverishment.
of tribal assets by Imperial Decree of December 26, 1905, in violation of international genocide, enslavement, strategy of programmed and Nama peoples the expropriation and immovable the Ovaherero law theft, of : The general principle that reparations are appropriate and required in cases of gross human rights in the 2005 for Victims of Gross International violations such as genocide has been affirmed by the United Nations General Assembly, Basic Principles and Guidelines on the Right Violations International Humanitarian Law.
to a Remedy and Reparations Human Rights Law and Serious Violations of of of of the genocide, has refused to negotiate with the actual descendants victims (or their direct The German government and the Ovaherero representatives) the the Governments of representatives.
We tried several occasions to pressurize the negotiating parties, of the Namibia and Germany - a violation of the United National Assembly's as the negotiations between the Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) German and Namibian informed consent state governments (FPIC) of the Nama and Ovaherero communities who, according to UNDRIP, are entitled to that right.

to include us without resolution of October 26, 2006. success.
This was done in contravention took place without It is furthermore free and prior the Nama namely A.

Prior to Genocide and Takings 1.

The Nama sovereign polities of Great Namaqualand peoples - whose ancestral Namibia, who were governed by Gaogu (Kings) and subject - comprised a confederation of Khoikhoi lands cover much of southern and some northern to the supremacy of customary the confederation established to the under the Nama Namaqua g The Nama polities belonged 0 ;:,~,;,,~ £,' rrff£.
d.:1s~'~bool)t", PO~· ~""''''''''~'' ''"'''' Hoachanas Treaty of 09 January 1858, which guaranteed the unity and equality of the Nama tribes and peoples.

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The Ovaherero sovereign Ovambanderu, Ovatjimba, central highlands Ombara Otjitambi) and Chiefs, and who were subject and other Otjiherero-speaking of modem-day Namibia, who were governed of Hereroland polities comprised a federation peoples, whose ancestral to customary Ovaherero law.
of Ovaherero, lands cover (the by a Paramount Chief 3.

Nama and Ovaherero Traditional Authorities are corporate that ruled Namibia over one-hundred years ago.

However, due to the crime of genocide and subsequent loss of land and other properties.

to the tribal authorities successors the tribal authorities were reduced B. Genocides and the Takings 4.

On 12thApril 1893, German Government committed the very first crime of genocide against the to the Nama people in today's Namibia.
As Curt von Francois explained in his official Report German Foreign Office, and hours before dawn that he it was three miles from Hoornkrans issued the first Extermination Order of 1893: "At 1:00 a.m., I announced the following orders to 'The troops' mission Is to exterminate the tribe of the Witbooi".

Francois used the squadrons: 12-year-old son, Klein Hendrik the word "vernichten": - who was disabled with congential partial paralysis - was wounded while fleeing.
He was crawling unarmed in a riverbed where a German soldier found and executed him with a point- blank shot to the head.

Many Nama people were killed, and others were taken as hostages and enslaved as forced laborers in Windhoek, including Gaob Witbooi's own wife and daughter.

to exterminate.

Gaob Hendrik Witbooi's 5.

Lieutenant General Lother von Trotha issued the second Extermination Order against the Ovaherero people on 2nd October 1904.
This order was rescinded by the German Government on 08/09 December the exterminations were 1904 after total extermination was inconsistent with the principles impossible point of view and that into effect to put proclamation was "demeaning Germany's the civilized nations of the world'.

But many Ovaherero were already killed, and the killings continued.

they had belatedly discovered of Christianity and humanity, and were standing amongst from economic that that absurd 6.
On 22nd April 1905, the Nama people despite German Government's the same Lieutenant General von Trotha issued the third Extermination reasonings before 9th December Order against point of 1904.

The value system of Christianity view; standing for Germany amongst civilized nations; were all forgotten and irrelevant.

This Extermination Order against the Nama people was never withdrawn and remains intact.

economic and demeaning an entire nation; and development and Humanity; to exterminate impossibility 7.
The German Government for the dispossession foundation Decree of 26 December 0zero andNamapeoPI:W:';::d 1905, which the total movable un:or spent months designing an Imperial Decree that was to provide legal It was through this Imperial of the of the Nama and Ovaherero.

and immovable possessions oflaw~ut anycompensation ,.,,' Keuper (Chui "'~~"k' 0 Luipert: D Hause: :;t/!""

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; ••• '~~ r in violation programmed genocide, enslavement, international of and theft.

'\.1.11.1 TH.IOrfll)'<.\L LF..II)ERS· .\SSOCLU iox law as part of an explicit and well documented strategy of 8.
These Extermination Orders the Nama against followed the crime of and inhumane people using the most horrible forced labor and and deportations and finally the theft of all movable and immovable possessions of the Nama and and Expropriation Order were used to commit and Ovaherero camps by concentration as part of genocide methods, enslavement, Ovaherero peoples.

of families 9.

Genocide damages of permanent nature such as the many killings, cannot be rectified fully or directly.
Skulls and other body parts flogging and other tortures, psychological (remains of our in Germany belong to private such as universities and museums and cannot be returned for dignified burials as per rapes, destruction trauma ancestors) and Namibia.

These institutions Nama and Ovaherero customary laws.
from the victims of Nama and Ovaherero genocide are still in museums skulls and body parts of our ancestors and the consequent and community apparently structures, ancestral identified in the Joint Declaration land of descendants of the particularly affected communities 10.

The expropriated seven regions Germany, constitutes movable properties were also expropriated.

Stolen and/or looted artifacts remain in museums Germany.
Nama and Ovaherero communities built many of Namibia's historic infrastructures such as Parliamentary Building through forced labor without compensation.

Equally, southern industry since 1907 which was basically done towns of Namibia were built by the karakul through forced labor without compensation.

the and area of Namibia.

Livestock and many other in 82% of total geographical of the two Governments of Namibia - C. Resolution of the National Assembly of Republic of Namibia II.
On 26 October 2006, the National Assembly of Republic of Namibia adopted Resolution as follow: • • • • a brutal sanctioned act of Genocide That what happen to our people during 1904 to 1908 as a result of General von Trotha's by the German Extermination Order was Government of the day.

That our people are entitled to demand the payment of reparations Government.

That the Namibian Government its nationals and the German Government on the issue of reparations.
That dialogue be convened between, on the one hand, the other hand, try and resolve existing excellent the German Government and on to the this matter amicably and thereby relationship between the two countries should be an interested party in any discussions between the Namibian Government (Germany and Namibia).

of the affected parties, and representatives from the German and solidifying strengthening 12.

Focus of Resolution of the National Assembly of the Republic of Namibia of2006 is that: I'/:!::".
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~'- ...;:IJ.£c '\,\,\1.\ TRADITIO\ .••L l.EADER<' .\SSI)( IA 110;\ • • • • that (recognize) the systematic massacres of Federal Republic of Germany and the Republic of Namibia must committed by the German Both Governments formally accept Government of the day constitute genocide and is indeed a Genocide, The affected communities must be paid reparations which gives credit to the donor, The Namibian Government is only an interested party for its citizens - but not an actual victim or descendant of victims and is thus not entitled to the reparations.
The Namibian Government's The affected communities must directly participate representatives.

role and responsibility is clarified by the resolution.

in this case the German Government.

- not donation of development during negotiations through their aid D. Exclusion of Affected Communities 13.
The Nama Traditional Leaders' Association (NTLA), the legitimate representative of all Nama Traditional Authorities, which are recognized by the Government of the Republic of Namibia in terms of the Traditional Authorities Act, 2000, remain excluded from the genocide negotiation process.

14.

The German Government dictated to the Namibian Government between the two states of Germany and Namibia.
This instruction to appoint a Special Envoy for by contradicted the Resolution of the National Assembly of the Republic of genocide negotiations German Government Namibia.

The NTLA and Ovaherero Traditional Authority representatives emphasized and demanded adherence to the Resolution of National Assembly during a meeting held in December 2015 with representatives ofthe Namibian Government.
technical (OTA) 15, In May 2017, NTLA and OTA met with the Namibian Government parties at the meeting agreed that the Namibian Government and Ovaherero communities the Resolution requested to reconvene the meeting after two weeks.

This request was done for the President further consult and was accordingly granted by the meeting.

Unfortunately, reconvened the meeting and no agreement was signed.

at the Statehouse.
at the Statehouse.

This of the Nama shall be negotiating with the German Government as stipulated by the State President, Dr Hage Geingob to the President never of the National Assembly.

However, and Representatives 16.

In April 2019, NTLA and OTA once again wrote a letter to the Namibian Government, but the State House did not respond to our letter.

17.

NTLA and OTA pressurized negotiations without success.
the Namibian Government for INCLUSION In genocide E. Joint Declaration: Reconciliation and Reconstruction Agreement 18.

The NTLA held a meeting on 24 August 2021 and deliberated on the genocide negotiation process and the outcome of the genocide bilateral negotiations between the two Governments of ,~" <, h';'P'N," ",:.

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:: I.EADERS' Germany and Namibia.

All 10 (ten) recognized Nama Traditional Authorities were represented at the meeting.
The meeting unanimously REJECTED the agreement.

:\.\ \1.\TR.\DITIO,\AL ..\,,00.\'110'\ 19.

The EXCLUSION of representatives of the affected communities the Resolution of the National Assembly of the Republic of Namibia of 2006.

This exclusion clearly violates the rights of the affected communities.

contravenes 20.

There is clearly an unreconcilable material variance aid and the REPARATIONS development between the Namibian Government's affected of the particularly demand negotiated communities.

21.
21.

We are obviously shocked by the Namibian Government's It is incomprehensible clandestine tactics to get buy-in from that our Government of the Republic leaders in their these individuals are either under involved in court cases, or already convicted by our courts.

Similarly, members of the Nama Traditional Authorities.

of Namibia used individuals which are not recognized by law as traditional efforts to legitimize the so-called joint declaration.
investigation, parliament excluded, from their clandestine meeting.

lawfully recognized traditional of the affected communities councilors In fact, F. Conclusion 22.

The Genocide Negotiations for the Nama and Ovaherero Genocide must start on a clean sheet and the affected communities must be directly participating in negotiation process.
By instruction of the Nama Traditional Leaders Association: Signed as per the resolution of the meeting held on 24 August 2021, Hardap Resort, Mariental District, Hardap Region, Republic of Namibia Yours sincerely, KAI-IIKHAUN T A /7) ~.

Gaob PSM Koope~ of NTLA Chairman IHAI-/KHAUA TA Gaob J Isaack Vice-Chairman of NTLA BLOUWES TA Chairman of TC J BarmanJ .tJ -----~ BONDELSWART TA Chairman ofTC H Josob ~ ~ SWARTBOOITA Gaob D Luipert ~.f~1\-c.-1;jU~.
5 A-oB Acting Chief S Anamab # lI!If .r-;---./ CijA~LE~ u,MJ?, TOPNAAR TAlTliA --?

"k'- /'.L/'''' .-- /I~:r- A-rV r~\'__ !KAR'KHOE IIAES TA Gaob 0 Hanse !AMANTA Senior Councilor DR Frederick ~ Jl?

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-----;;rr-W--=- ~ Q ~ WITBOOI TA Gaob HI Witbooi AFRIKANER TA Senior Councilor P Olman "'" Kunpcr (( h'';'''~",'' u l.uipert: "",,"" ILl''',b"p" ".

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