Chiefs urge NSHR to drop ICC case

THE National Society for Human Rights has not only taken former President Sam Nujoma to the International Criminal Court but also the whole Council of Traditional Leaders, the body representing recognised traditional leaders said on Monday.

In a statement issued to support Nujoma, the Council said the NSHR did not only accuse Nujoma as an individual “but all of us, the Council of Traditional leaders and its entire membership which was greatly affected by the war in this country before Independence”. “The Founding President was leading a just struggle, a course that cannot be associated with human rights issues,” the statement said.The Council met in Windhoek last week.It said the liberation struggle was fought by two sides and atrocities were also committed by those opposed to the Independence of Namibia.”It is only because of the policy of national reconciliation that we are not demanding our lost sons and daughters who died in the hands of the colonial collaborators and their masters during the liberation struggle,” the statement said.The NSHR approached the ICC last year to hold former President Sam Nujoma and three others accountable for people who went missing while under the care of Swapo prior and after the country’s Independence.The ICC said it was considering the request by the NSHR that Nujoma, former Defence Minister Erkki Nghimtina, former Chief of Defence and now retired Lieutenant General Solomon ‘Jesus’ Hawala, and NDF First Battalion Colonel Thomas Shuuya be investigated for “instigation, planning, supervision, abetting, aiding, defending and or perpetuating” the disappearances of Namibians.The ICC only came into being in 2002 but the NSHR submitted that they be charged under the court’s “continuous violation doctrine” even though some of the crimes were committed before that time.The NSHR also said it was prepared to withdraw its submission on condition that the Namibian Government set up a Truth and Reconciliation Commission.NSHR executive director Phil ya Nangoloh told The Namibian that his organisation was always ready to negotiate but that the Government failed to show interest, prompting them to approach the ICC.The Council of Traditional Leaders called upon Ya Nangoloh “to use his common sense and withdraw his ill-thought and unpatriotic submission” with immediate effect.The NSHR dossier was submitted to the ICC in November last year.In it, the NSHR said Nujoma’s continued refusal to reveal the facts about the fate and whereabouts of around 4 200 missing people qualified him to be tried under the continuous violation doctrine.Nujoma was the Commander-in-Chief of the People’s Liberation Army of Namibia (Plan) during Swapo’s liberation struggle.He assumed the responsibility of the Commander-in-Chief of the Namibia Defence Force (NDF) after Independence.The NSHR approached the ICC after a motion to discuss the issue in the National Assembly was rejected by Swapo in October last year.”The Founding President was leading a just struggle, a course that cannot be associated with human rights issues,” the statement said.The Council met in Windhoek last week.It said the liberation struggle was fought by two sides and atrocities were also committed by those opposed to the Independence of Namibia.”It is only because of the policy of national reconciliation that we are not demanding our lost sons and daughters who died in the hands of the colonial collaborators and their masters during the liberation struggle,” the statement said.The NSHR approached the ICC last year to hold former President Sam Nujoma and three others accountable for people who went missing while under the care of Swapo prior and after the country’s Independence.The ICC said it was considering the request by the NSHR that Nujoma, former Defence Minister Erkki Nghimtina, former Chief of Defence and now retired Lieutenant General Solomon ‘Jesus’ Hawala, and NDF First Battalion Colonel Thomas Shuuya be investigated for “instigation, planning, supervision, abetting, aiding, defending and or perpetuating” the disappearances of Namibians.The ICC only came into being in 2002 but the NSHR submitted that they be charged under the court’s “continuous violation doctrine” even though some of the crimes were committed before that time.The NSHR also said it was prepared to withdraw its submission on condition that the Namibian Government set up a Truth and Reconciliation Commission.NSHR executive director Phil ya Nangoloh told The Namibian that his organisation was always ready to negotiate but that the Government failed to show interest, prompting them to approach the ICC.The Council of Traditional Leaders called upon Ya Nangoloh “to use his common sense and withdraw his ill-thought and unpatriotic submission” with immediate effect.The NSHR dossier was submitted to the ICC in November last year.In it, the NSHR said Nujoma’s continued refusal to reveal the facts about the fate and whereabouts of around 4 200 missing people qualified him to be tried under the continuous violation doctrine.Nujoma was the Commander-in-Chief of the People’s Liberation Army of Namibia (Plan) during Swapo’s liberation struggle.He assumed the responsibility of the Commander-in-Chief of the Namibia Defence Force (NDF) after Independence.The NSHR approached the ICC after a motion to discuss the issue in the National Assembly was rejected by Swapo in October last year.