A/HRC/13/31
National Defense Force’s First Battalion, and Special Field Force members. They were also
accused of sympathizing, supporting and collaborating with UNITA. However, it has been
reported that no positive proof has ever been produced and no charges have ever been
brought against those disappeared in a court of law as contemplated in article 12 (1) (a) of
the Namibian Constitution.
383. The Working Group has also been informed that on 16 August 2000, another group
of more than 30 Kxoe San villagers disappeared without a trace following sweeps by
Namibian security forces. Reportedly, the villagers were rounded up at Chetto, Bwabwata,
Omega, Mutjiku and Bagani villages after they had been accused of “collaborating with
UNITA” and/or Caprivi Liberation Army (CLA) guerrillas.
384. It has been further reported that individual persons have allegedly disappeared in the
Kavango and Caprivi regions, some at the hands of the National Defense Force’s First
Battalion members.
385. As a result, it is alleged that several gravesites can be found on the Namibian
territory, with the remains of disappeared persons. Gravesites were allegedly found near
Oidilona village in the Omulunga area; at Omamwandi village, some 15 kilometres north of
the Namibian border; in the bush at Okakango Kongolo area, some 10 kilometres north of
the Namibian border; in Oluungu forest near Olupale Village; in the Odila village area; and
inside Namibia, between Ohauwanga and Oshingadu villages.
Replies from the Government
386. On 16 June and 24 September 2009, the Government replied to this general
allegation. In the first communication it requested more time as the reply required the input
of several departments. In the second communication the Government stated that the
Constitution of the country clearly lays out the framework for the protection of human
rights of Namibian citizens and that there are enforceable and readily available remedies
open to any citizen or resident of Namibia who alleges or feels that any of the rights
guaranteed by the Namibian Constitution have been violated. Individuals, unhindered in
any way, can seek redress in civil courts or in criminal courts, if the violation amounts to a
criminal act, including for the crime of enforced or involuntary disappearance. In criminal
cases, individuals can lodge complaints with the police without any expenses involved.
Extrajudicial remedies are available through the Office of the Ombudsman at expenses.
387. Namibian police and other law enforcement agencies give serious attention to the
crime of enforced or involuntary disappearances through investigations. When the police
have reasons to believe that such an act has been committed, the case is properly
investigated to enable the criminal process to take its course through courts. Even if the
case is dismissed in a trial, it is a possibility to hold an inquest, presided over by a judicial
officer. It is clear therefore that Namibia, as a country founded on the principles of the rule
of law and democracy, has more than enough remedies available to aggrieved persons.
388. The Government also stated that both the rights to freedom of expression and to life
are entrenched in the Namibian Constitution. Referring to the allegations made, the
Government stated that a case was brought before the High Court of Namibia by the Legal
Assistance Centre on behalf of the relatives of the missing persons, seeking their immediate
release. The High Court ruled that the Government could not be held liable to release
people that it did not have in custody.
Total cases transmitted, clarified and outstanding
389. Since its establishment, the Working Group transmitted three cases to the
Government; all remain outstanding.
GE.09-17704
83
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