The NSHR is playing with fire: Swapo

SWAPO says a submission by the National Society for Human Rights to the International Criminal Court to hold former President Sam Nujoma and three others accountable for people who went missing under the care of Swapo is irresponsible, provocative, precarious and a violation of the policy of national reconciliation.

Swapo Secretary General Dr Ngarikutuke Tjiriange charged in Windhoek yesterday that the submission had the potential to sabotage peace, saying it was a serious threat to security in Namibia. The party wants NSHR Executive Director Phil ya Nangoloh to be held responsible for the submission and possible consequences.”The consequences and implications of that submission are too ghastly to contemplate and the Swapo Party cannot sit by idly and watch our peace being shredded and our heroes vilified and humiliated by NSHR, its sponsors and its Ya Nangoloh,” a visibly flustered Tjiriange told a hastily arranged media briefing.The Namibian reported on Monday that the NSHR had requested the ICC to investigate Nujoma and three others for “instigation, planning, supervision, abetting, aiding, defending and or perpetuating” the disappearances of a number of Namibians before and after the country’s Independence.The ICC confirmed that it had received the submission and said it was weighing the merits of the case.Tjiriange said he had been among those who established the ICC in 2002 and was not concerned about its ruling.The NSHR submitted 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 charged under the court’s “continuous violation doctrine” even though some of the crimes were committed before the court’s establishment.It will be the first time that the ICC’s continuous violation doctrine will be tested.Tjiriange said the NSHR, its sponsors, alleged “former colonial stooges and bootlickers” were hell-bent on destroying peace and political stability in Namibia.”It is time somebody called him (Ya Nangoloh) to order,” Tjiriange said.He said many innocent Namibians disappeared at the hands of the colonial regime, as they were dumped in the sea from helicopters or brutally murdered, yet Swapo had adopted the policy of national reconciliation.”Some of the leaders and collaborators of that colonial regime like Hans Dreyer, Wouter Basson (also known as Dr Death), Magnus Malan, Louis Pienaar and those who collaborated with it are alive today and we know who they are and where they are,” he said.He said the NSHR was seriously wrong and politically naïve to assume that Swapo had adopted the policy of national reconciliation out of weakness or fear.”The Swapo Party could have opted for the trial of those responsible for the deaths of many innocent Namibians.Take note that we had and still have the capacity to revoke the policy of national reconciliation if we so wish.However, in the interest of peace and security, we have opted to remain within the bounds of the national reconciliation,” Tjiriange said.He warned the NSHR that national reconciliation was “not a one-way street”.”It is a two-way street.Either there is national reconciliation or there is none.”He said the NSHR and its sponsors were undermining the policy although the majority of beneficiaries were previously advantaged Namibians.”We cannot allow the Swapo Party leadership to be dragged to court, while the perpetrators of apartheid crimes go scot-free.That is selective morality,” he said.He accused the NSHR of being “stone silent” about those who committed heinous crimes against Namibians under the apartheid regime.”Is it because they were accomplices to the same crimes?” Tjiriange said the NSHR should have the courage to make similar submissions to the ICC against Malan and his colleagues.”As far as Swapo is concerned, Malan is a war criminal.Ya Nangoloh’s submission, which leaves him out, is therefore an exercise in sophistry at best, an act of selective morality at worst,” he said.Tjiriange said Swapo would use all the resources at its disposal to defend Nujoma while maintaining peace and stability.Meanwhile, the Ministry of Information says it has no information on the alleged submission and is unable to “discuss issues that it is not aware of”.”The nation will, however, be informed of the Government’s position if it is established that what is alleged in The Namibian newspaper is true,” an unsigned statement from the Ministry said.The NSHR argues that Nujoma’s continued refusal to account for people who went missing while they were Swapo ‘detainees’ accused of spying for apartheid South Africa since the early 1970s, more than 370 Plan fighters killed during April 1989 and “many other fighters” who disappeared and remained unaccounted for to date qualified him to be tried under the “continuous violation doctrine”.The Ministry cautioned the nation to remain vigilant and not to allow any force to divert their attention from real issues of common national concern.”His Excellency Dr Sam Nujoma, in his capacity as President of Swapo, together with other party leaders, through thin and thick led the Namibian liberation struggle and eventually on the 21st of March 1990 the country gained its Independence,” the statement said.”Comrade Sam Nujoma is a Namibian hero and no amount of blackmail will take that away from him,” the Ministry said.The NSHR said the ICC “constitutes the only avenue and mechanism available to investigate and ensure the prosecution and punishment” of Nujoma and others for these “international crimes”.The Office of the Prosecutor at the ICC informed the NSHR that they “will give consideration” to their submission “in accordance with the provisions of the Rome Statute of the International Criminal Court”.”As soon as a decision is reached, we will inform you, in writing, and provide you with reasons for this decision,” the ICC responded.The party wants NSHR Executive Director Phil ya Nangoloh to be held responsible for the submission and possible consequences.”The consequences and implications of that submission are too ghastly to contemplate and the Swapo Party cannot sit by idly and watch our peace being shredded and our heroes vilified and humiliated by NSHR, its sponsors and its Ya Nangoloh,” a visibly flustered Tjiriange told a hastily arranged media briefing.The Namibian reported on Monday that the NSHR had requested the ICC to investigate Nujoma and three others for “instigation, planning, supervision, abetting, aiding, defending and or perpetuating” the disappearances of a number of Namibians before and after the country’s Independence.The ICC confirmed that it had received the submission and said it was weighing the merits of the case.Tjiriange said he had been among those who established the ICC in 2002 and was not concerned about its ruling.The NSHR submitted 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 charged under the court’s “continuous violation doctrine” even though some of the crimes were committed before the court’s establishment.It will be the first time that the ICC’s continuous violation doctrine will be tested.Tjiriange said the NSHR, its sponsors, alleged “former colonial stooges and bootlickers” were hell-bent on destroying peace and political stability in Namibia.”It is time somebody called him (Ya Nangoloh) to order,” Tjiriange said.He said many innocent Namibians disappeared at the hands of the colonial regime, as they were dumped in the sea from helicopters or brutally murdered, yet Swapo had adopted the policy of national reconciliation.”Some of the leaders and collaborators of that colonial regime like Hans Dreyer, Wouter Basson (also known as Dr Death), Magnus Malan, Louis Pienaar and those who collaborated with it are alive today and we know who they are and where they are,” he said.He said the NSHR was seriously wrong and politically naïve to assume that Swapo had adopted the policy of national reconciliation out of weakness or fear.”The Swapo Party could have opted for the trial of those responsible for the deaths of many innocent Namibians.Take note that we had and still have the capacity to revoke the policy of national reconciliation if we so wish.However, in the interest of peace and security, we have opted to remain within the bounds of the national reconciliation,” Tjiriange said.He warned the NSHR that national reconciliation was “not a one-way street”.”It is a two-way street.Either there is national reconciliation or there is none.”He said the NSHR and its sponsors were undermining the policy although the majority of beneficiaries were previously advantaged Namibians.”We cannot allow the Swapo Party leadership to be dragged to court, while the perpetrators of apartheid crimes go scot-free.That is selective morality,” he said.He accused the NSHR of being “stone silent” about those who committed heinous crimes against Namibians under the apartheid regime.”Is it because they were accomplices to the same crimes?” Tjiriange said the NSHR should have the courage to make similar submissions to the ICC against Malan and his colleagues.”As far as Swapo is concerned, Malan is a war criminal.Ya Nangoloh’s submission, which leaves him out, is therefore an exercise in sophistry at best, an act of selective morality at worst,” he said.Tjiriange said Swapo would use all the resources at its disposal to defend Nujoma while maintaining peace and stability.Meanwhile, the Ministry of Information says it has no information on the alleged submission and is unable to “discuss issues that it is not aware of”.”The nation will, however, be informed of the Government’s position if it is established that what is alleged in The Namibian newspaper is true,” an unsigned statement from the Ministry said.The NSHR argues that Nujoma’s continued refusal to account for people who went missing while they were Swapo ‘detainees’ accused of spying for apartheid South Africa since the early 1970s, more than 370 Plan fighters killed during April 1989 and “many other fighters” who disappeared and remained unaccounted for to date qualified him to be tried under the “continuous violation doctrine”.The Ministry cautioned the nation to remain vigilant and not to allow any force to divert their attention from real issues of common national concern.”His Excellency Dr Sam Nujoma, in his capacity as President of Swapo, together with other party leaders, through thin and thick led the Namibian liberation struggle and eventually on the 21st of March 1990 the country gained its Independence,” the statement said.”Comrade Sam Nujoma is a Namibian hero and no amount of blackmail will take that away from him,” the Ministry said.The NSHR said the ICC “constitutes the only avenue and mechanism available to investigate and ensure the prosecution and punishment” of Nujoma and others for these “international crimes”.The Office of the Prosecutor at the ICC informed the NSHR that they “will give consideration” to their submission “in accordance with the provisions of the Rome Statute of the International Criminal Court”.”As soon as a decision is reached, we will inform you, in writing, and provide you with reasons for this decision,” the ICC responded.