Refugees
Asylum Seekers

DITSHWANELO was called in to assist in the 1996 refugee crisis involving individuals living in the Dukwi Refugee Camp. DITSHWANELO's role has developed to that of a mediator between the refugee and asylum seekers, the United Nations High Commission for Refugees (UNHCR), and the Government of Botswana (GOB). In 1997, the Patron of DITSHWANELO, His Grace, Archbishop W.P.K. Makhulu, requested an audience with the President, His Excellency Q.K.J. Masire, in an effort to assist in the release and repatriation of these refugee and asylum seekers from a Botswana high security prison that was successfully concluded with releasing the refugees to South Africa in 1998.

Since 1998, DITSHWANELO has been critically following the events in the Namibia/Angola border area and noted the effects the armed conflicts have had and continue to have on the Caprivians in that area. In December 1998, Namibian security forces conducted searches in the in the Caprivi area following reports of para-military training by a separatist group. Reports suggested that the security forces harassed residents in the region resulting in the mass exodus to Botswana. The number of refugees fleeing the Caprivi in 1998 totalled 2,500.

In May 1999, Namibia, Botswana and the UNHCR Regional Office for Southern Africa, signed a tripartite communique allowing for the voluntary return of Namibian refugees from Botswana. The accord provided for general amnesty for all those who repatriate.

In August 1999, there were attacks on Government institutions in the town of Katima Mulilo (capital of the Caprivi). Since this insurrection, there have been reports of harassment, torture and other human rights abuses by the Namibian security forces. The Government of Namibia acknowledged the abuses committed saying that mistakes were made. Unconfirmed reports indicate that almost all the refugees who were repatriated under the May 1999 communique have returned to Botswana and the original numbers have increased. 

DITSHWANELO monitored an extradition case involving 13 asylum seekers from the Caprivi. DITSHWANELO identified a lawyer for the asylum seekers, but the Centre did not fund the case.  Proceedings in the extradition case began in September 2000 after the Government of Namibia sought the return of the 13 Namibians, to face charges of treason, murder, attempted murder, robbery, unlawful possession of firearms, ammunition, explosives and bombs. All of these thirteen respondents admitted to being members of the United Democratic Party (UDP) of Namibia. Our involvement arose out of concern for whether the right to a fair trial could be guaranteed in the light of the reported violations in Namibia against those suspected to be supporters of UDP.

DITSHWANELO applauds the December 3, 2002 decision of Judge Horn at the High Court in the appeal of the extradition case of the thirteen Nambians. The High Court's ruling overturns Magistrate Mathiba's September 2001 judgement in which she ruled that "The respondents will not be prejudiced at their trial or punished, detained or restricted in their personal liberty by reason of their political opinion". She further stated that the respondents would receive a fair trial due to Namibia's' constitutional guarantees. Her ruling dismissed the two grounds which had been raised by the thirteen appellants and which were the basis of the decision of the High Court.

The High Court discharged the thirteen Namibians on two grounds:

DITSHWANELO is concerned about the continuing violations of the human rights of Namibians from the Caprivi Region. Reports on Namibia, made by Amnesty International and the US Department of State made reference to reports of extra-judicial killings and rape by security forces. There have also been reports of widespread abuse and torture of civilians and detainees and unexplained disappearances. A Namibian NGO, National Society for Human Rights reported in 2000, that in a trial involving accused persons from the Caprivi, the accused persons who gave testimony, told of torture, beatings and intimidation after arrest.

Related Pages

Alternative Reports to the Committee on the Elimination of Racial Discrimination (CERD)

Press Releases

Publications

DITSHWANELO's Shadow Report to The United Nations Committee On The Elimination Of Racial Discrimination (CERD), 68th Session, Geneva, 3 – 6 March 2006

An Assessment of Refugees and Asylum-Seekers in Botswana - 1996.

Links

SALAN - Southern African Legal Assistance Network

UN in Botswana - The United Nations in Botswana