Press Release: National Society for Human Rights on the International Day of the Disappeared

The Namibian organization National Society for Human Rights publishes a press release on the International Day of the Disappeared. In this communication NSHR remembers the more than 9,000 cases of enforced disappearances that have occurred in the recent history of Namibia and urges this country to 'to ratify and effectively domesticate' the convention against enforced disappearances.

PRESS RELEASE

INTERNATION DAY OF MISSING PERSONS

Yesterday, Saturday, August 30 2008, NSHR joined the international community in commemorating the 21^st Anniversary of the International Day of the Disappeared or missing persons. This Day is particularly of significant to, among others, the United Nations and the International Committee of the Red Cross as well as the International Coalition against Enforced Disappearances (ICAED). The Day is also of special importance to the people of Latin America, where the scourge of enforced disappearance has taken place on a massive scale.

In Namibia, NSHR and friends and families of missing persons also have reasons to commemorate this Day for obvious reasons. According to NSHR figures, at least 4 200 Namibians have disappeared without a trace prior to Namibian independence, while in the custody of the rival SWAPO and South African security forces between 1974 and 1990.

As if these disappearances were not grave enough, over 1 600 Namibians have again disappeared without a trace during an armed conflict in northern and northeastern border areas of Namibia between 1994 and 1997. Hence, NSHR uses this opportunity to express deep concern that such a large number of people could disappear without a trace with impunity, while very little if any effort has so far been made by the Namibian authorities to establish their fate and or whereabouts. Nor have the perpetrators of the crime of enforced disappearance ever been brought to justice in accordance with the law.

Over the same period, at least 3 300 Namibians and Angolan refugees alike were forcibly deported to Angola and handed over to Angolan security forces despite the fact that the risk of enforced disappearance was extremely high at the time.

They were also rounded up in the northern and northeastern order areas of the country after they were indiscriminately branded “UNITA bandits”. Over the same period and for the same reasons, tens of thousands of Namibians and Angolans alike were forcibly displaced and transferred from the said border areas where they lawfully resided. According to the United Nations High Commissioner for Refugees, the number of refugees and internally displaced persons refugees dramatically increased from slightly 7 600 in 1999 to more than 32 000 by 2001. They resettled in the Osire Refugee Camp, some 220 kilometers northeast of the Namibian capital of Windhoek.

NSHR also uses this Day to urge Namibia to ratify and effectively domesticate the International Convention on the Protection of All Persons from Enforced Disappearance of December 20 2006.

“The treaty makes provision for a universal obligation on the part of States Parties to adopt effective legislative, judicial, administrative and other measures to prevent, investigate and sanction enforced disappearances. It realizes two new human rights, the right not to be subjected to enforced disappearance the right for the relatives of the disappeared to know the truth as well as the right of victims to obtain effective remedy in the form of reparation and prompt, fair and adequate compensation”, said NSHR executive director Phil ya Nangoloh yesterday.

In terms of Article 39(1) of the treaty, “this Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession”.

According to ICAED altogether 73 and 4 UN Members States, excluding Namibia, have signed and ratified the Convention by April 1 2008.