Sacred Petition Of Concerned Caprivians
TO: THE PRESIDENT OF THE REPUBLIC OF NAMIBIA
FROM: CAPRIVI CONCERNED GROUP
DATE: 30 August 2017
SUBJECT: POLITICAL SOLUTION OVER THE CAPRIVI POLITICAL DISPUTE
1. INSPIRED by the wishes and aspirations of Caprivian people for peace and unity, justice and equality, including the inherent dignity and inalienable rights provided to all members of the human kind;
2. REFERENCE to Article I of the United Nations Chater (1945), the United Nations Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1976) and the International Covenant on Economic, Social and Cultural Rights (1976), Article 20(1) of the African Charter on Human and Peoples Rights (1986), and SADC Protocol on Politics, Defence and Security Co-operation [Article 11( b)];
3. CONSIDERING the fact the territory demarcated and known as German-South West Africa in 1884/1885 did not constitute the territory currently known as the Caprivi Strip, and that this strip was only made a German Sphere of Influence by virtue of the Anglo-Germany Treaty (1890) which did not confer territorial rights of any legal nature to German (SWA) over the Strip;
4. HAVING read and understood a ruling of 1908 in Windhoek District High Court which indicates that German (General) Law had no validity in the Caprivi Strip, as those who were arrested, and charged for crimes committed, in the strip could not be convicted by the honorable Court for the same reason that Germany Law had no validity in Caprivi Strip;
5. AWARE that Germany was stripped of its colonial possessions (including Caprivi Strip) as stated in the Treaty of Versailles (1919), then in 1920 South West Africa (now Namibia) was placed under the mandate of the League of Nations, while the Strip remained under South Africa as a separate entity;
6. SURE that Proclamation 147 of 1939 which provided that “no Act of Parliament or ordinance of South West Africa will apply to the territory known as the Caprivi Strip” have never been repealed and is therefore still in force;
7. ALSO AWARE that in 1972, Caprivi had its own Legislative Council, national anthem, emblem and flag;
8. KNOWING that certain laws specific to South West Africa and subsequently Namibia were not applicable to Caprivi Strip until an annexation law, Application of Laws to the Eastern Caprivi Zipfel Act 1999 (Act 10 of 1999) was promulgated only on June 24, 1999, extending the laws of Namibia to the Strip, without the consent of the Caprivian population;
9. RECALLING that in 1963 Caprivians under the leadership of Brendan Simbwae and the moral support of all traditional leaders in Caprivi Strip formed a national political party, the Caprivi African National Union (CANU), with the objective of seeing Caprivi Strip or Caprivians free and independent; and that the same year the two traditional leaders in the Caprivi Strip petitioned the United Nations (UN) demanding freedom and independence of Caprivi Strip;
10. AWARE that in 1964, on November 5, a significant political merger agreement was signed between South West Africa Peoples Organization (SWAPO) and Caprivi African National Union (CANU) to fight a common enemy, the South African regime that was illegally occupying the two countries, South West Africa and Caprivi Strip, whereby it was also agreed that at independence Caprivians will be asked if they want to be independent or be part of Namibia;
11. INSPIRED by the selfless contribution of Caprivians such as Brendan Simbwae who mysteriously died in the hands of South African forces, Mishake Muyongo who is now exiled in Denmark, Induna Masida who was roasted over an open fire while his subjects were observing in horror, Judea Lyaboloma whose corpse after being killed by South African forces was displayed at his village for public view as a warning, and many fallen Caprivian PLAN fighters, to the liberation struggle of Namibia;
12. RECALLING human rights violations committed by the Namibian government on Caprivians which included mass arbitrary arrests and detentions, summary executions, torture, enforced disappearances and prolonged detention without trial. as admitted in 1999 by then Namibia Defence Minister, Erkki Nghimtina in saying definitely we made some mistakes regarding human rights abuses
13. REMINDED of the history of arbitrary detentions of Caprivians by SWAPO in 1965 in Tanzania which began with the detention of George Mutwa and Alfred Tongo Nalishuwa at Kongwa for complaining that the Caprivians were being discriminated against by SWAPO.
14. TAKING INTO ACOUNT the confession by Namrights Director, Mr. Phil ya Nangoloh on the 13th of September 2010 when he stated that having been myself a junior PLAN officer in the reconnaissance detachment between 1974 and 1975, I know that atrocities (such as torture, execution and enforced disappearances) have been committed against, among others, Caprivi African National Union (CANU) followers. I have personally never taken part, whatsoever, in those atrocities. Nevertheless, I sincerely and unequivocally apologize for having been unable to publicly speak out against such wrongs for fear for my own life.
15. HAVING ALREADY resolved in April 2012, and therefore determined to peacefully seek an amicable political solution to the Caprivi high treason cases and the Caprivi political dispute, as much as a dying person needs life;
16. UNDERSTANDING THAT the UDP leadership recognizes Namibia (former South West Africa) as a sovereign State, and that it is willing and ready to enter into political dialogue with the Namibian political leadership;
17. IMPRESSED THAT Namibia ratified or acceded to the International covenant on civil and political rights (ICCPR) on 28 February 1995, and the African Charter on Human and Peoples Rights on 30 July 1992;
18. HAVING SHARED OUR CONCERNS WITH many individuals, organizations and traditional leaders in Caprivi Strip;
WITH A CLEAR CONSCIOUSNESS, with all strengths and weaknesses, for life and death, before heaven and earth, we hereby demand:
a) Political dialogue between Government of Namibia and the leadership of the United Democratic Party (UDP), and unconditional release of all Caprivi political prisoners;
b) a REFERENDUM for Caprivians to democratically decide whether they wish to be independent or continue with Namibia as Namibians.
We thank you.
1. Lennox Lutambo————————–
2. Retief Kangongo————————–
3. Edwin M Samati————————–
4. Aldrin Mahulilo————————–
5. Event Linyando————————–
6. Harris Mpangala————————–