ICC submission was a last resort, says NSHR

THE National Society for Human Rights says it is prepared to withdraw its submission to the International Criminal Court, on condition that Government set up a Truth and Reconciliation Commission.

NSHR executive director Phil ya Nangoloh told The Namibian that his organisation had always been ready to negotiate but that Government failed to show interest, prompting them to approach the ICC to hold former President Sam Nujoma and three others accountable for people who went missing while under the care of Swapo before and shortly after Independence. The ICC has said it is considering a 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 disappearance of thousands of Namibians.The ICC came into being in 2002 but the NSHR submitted that the four be charged under the court’s “continuous violation doctrine” even though some of the crimes were committed before that time.”We are ready to withdraw the submission in exchange for the establishment of a firm and committed Truth and Reconciliation Commission.It must be effective and homegrown and bring about transitional justice and true national reconciliation process.We offered this to President (Hifikepunye) Pohamba in writing,” Ya Nangoloh said.The NSHR came under heavy fire when The Namibian revealed that the rights body had made a submission to the ICC requesting that Nujoma and the others be asked why they continued to refuse to explain what had happened to the people.The dossier was submitted to the ICC in November.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, and he assumed the responsibility of Commander-in-Chief of the Namibia Defence Force (NDF) after Independence.Ya Nangoloh said they approached the ICC after a motion to discuss the issue in the National Assembly was rejected by Swapo in October last year.The motion was tabled by Congress of Democrats MP Kala Gertze, who was detained for six years in the dungeons at Lubango, Angola.It was aimed at debating the crimes perpetrated against several thousand Namibians.The victims were accused by Swapo of allegedly spying for apartheid South Africa.Most of them were allegedly rounded up and held in underground prisons.After being subjected to torture, many disappeared and remain unaccounted for.Others were allegedly summarily executed.Gertze’s motion was rejected before he could motivate it, a move the CoD described as “a blow against democracy”.”If Swapo leaders believe they can continue to hide and bury the Lubango detainee issue for ever, they are terribly mistaken.The stern finger of injustice shall not cease to point,” CoD leader Ben Ulenga said at that time.In October last year, the NSHR said it deplored the vehement and systematic refusal by Swapo to address the long-running issue.”Since the Namibian Government is apparently either unwilling or unable to prosecute potential war criminals internally, the NSHR is tempted to propose that the Prosecutor of the International Criminal Court (ICC) launch an investigation into Namibia’s war crimes allegations or that an ad hoc tribunal be set up for that purpose,” the NSHR said at that time.President Pohamba has said that Government will do everything in its power to protect Nujoma and the other three.The ICC has said it is considering a 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 disappearance of thousands of Namibians.The ICC came into being in 2002 but the NSHR submitted that the four be charged under the court’s “continuous violation doctrine” even though some of the crimes were committed before that time. “We are ready to withdraw the submission in exchange for the establishment of a firm and committed Truth and Reconciliation Commission.It must be effective and homegrown and bring about transitional justice and true national reconciliation process.We offered this to President (Hifikepunye) Pohamba in writing,” Ya Nangoloh said.The NSHR came under heavy fire when The Namibian revealed that the rights body had made a submission to the ICC requesting that Nujoma and the others be asked why they continued to refuse to explain what had happened to the people.The dossier was submitted to the ICC in November.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, and he assumed the responsibility of Commander-in-Chief of the Namibia Defence Force (NDF) after Independence.Ya Nangoloh said they approached the ICC after a motion to discuss the issue in the National Assembly was rejected by Swapo in October last year.The motion was tabled by Congress of Democrats MP Kala Gertze, who was detained for six years in the dungeons at Lubango, Angola.It was aimed at debating the crimes perpetrated against several thousand Namibians.The victims were accused by Swapo of allegedly spying for apartheid South Africa.Most of them were allegedly rounded up and held in underground prisons.After being subjected to torture, many disappeared and remain unaccounted for.Others were allegedly summarily executed.Gertze’s motion was rejected before he could motivate it, a move the CoD described as “a blow against democracy”.”If Swapo leaders believe they can continue to hide and bury the Lubango detainee issue for ever, they are terribly mistaken.The stern finger of injustice shall not cease to point,” CoD leader Ben Ulenga said at that time.In October last year, the NSHR said it deplored the vehement and systematic refusal by Swapo to address the long-running issue.”Since the Namibian Government is apparently either unwilling or unable to prosecute potential war criminals internally, the NSHR is tempted to propose that the Prosecutor of the International Criminal Court (ICC) launch an investigation into Namibia’s war crimes allegations or that an ad hoc tribunal be set up for that purpose,” the NSHR said at that time.President Pohamba has said that Government will do everything in its power to protect Nujoma and the other three.