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By Darius Spearman (africanelements)
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| KEY TAKEAWAYS |
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| The German empire committed genocide against the Ovaherero and Nama people from 1904 to 1908. |
| The joint declaration between Germany and Namibia acknowledges the genocide but lacks direct reparations. |
| The Ovaherero and Nama traditional authorities rejected the agreement citing inadequate representation. |
| The absence of the term “reparations” in the agreement has drawn significant criticism. |
| Legal challenges against the agreement are underway, questioning its legitimacy. |
| The agreement could influence other former colonies to pursue reparations, but its flaws may set a dangerous precedent. |
The Namibian Genocide: A Legacy of Injustice and the Fight for Reparations
In the early 1900s, the German empire targeted the Ovaherero and Nama people with horrific violence in what is now Namibia. This genocide, which occurred between 1904 and 1908, wiped out up to two-thirds of the Ovaherero and one-third of the Nama. Such atrocities, often ignored, show the brutal face of colonial violence.
Estimated Death Toll of the Herero and Nama Genocide
German forces, under Lieutenant General Lothar von Trotha, used extreme tactics to destroy these communities. They drove the Ovaherero into the Omaheke desert, poisoned their water, and blocked any escape. Many survivors ended up in concentration camps, where forced labor, starvation, and disease decimated lives. This tragedy exposed the harsh reality of European colonialism in Africa (Heike Becker).
The Ovaherero and Nama Peoples: Their Cultural and Historical Significance
The Ovaherero and Nama are indigenous groups who have lived in what is now Namibia for centuries. The Ovaherero, also known as the Herero people, were unified under the leadership of Samuel Maharero. They signed a protection treaty with Germany in 1885, hoping to safeguard their interests (Wikipedia: Herero and Namaqua genocide). However, this agreement did not prevent conflicts over land and resources.
The Nama people, pastoralists and traders, lived to the south of the Ovaherero. Led by Captain Hendrik Witbooi, they also faced challenges from German colonial forces. The Nama joined the resistance against German occupation, which intensified the tensions (Wikipedia: Herero and Namaqua genocide).
Before the genocide, both groups suffered from unfair trade practices and deceitful land deals imposed by German agents. These actions disrupted their economies and societies, setting the stage for the atrocities that followed (Völkerrechtsblog: Historical Origins of the Ovaherero and Nama Genocide).
The genocide deeply impacted their cultural identities. Many lost their lives, traditions, and ways of life. This loss can be seen as a form of cultural genocide, as it aimed to erase their heritage (Wikipedia: Herero and Namaqua genocide).
Understanding Genocide: Criteria and Significance in International Law
The term genocide refers to acts intended to destroy, in whole or in part, a national, ethnic, racial, or religious group. This definition comes from the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide (UN: Genocide Prevention).
Genocide involves killing members of the group, causing them serious harm, inflicting conditions calculated to bring about their destruction, preventing births, or forcibly transferring children (Völkerrechtsblog: Historical Origins of the Ovaherero and Nama Genocide). Recognizing an event as genocide carries legal and moral obligations for prevention and punishment.
In 1985, the United Nations’ Whitaker Report classified the atrocities against the Ovaherero and Nama as genocide. This acknowledgment underscores the severity of the crimes committed and the need for justice (Wikipedia: Herero and Namaqua genocide).
The UN Declaration on the Rights of Indigenous Peoples and Its Relevance
The UN Declaration on the Rights of Indigenous Peoples is a document that outlines the rights of indigenous peoples worldwide. It emphasizes their right to self-determination, cultural preservation, and protection from discrimination (UN: Declaration on the Rights of Indigenous Peoples).
This declaration includes the right of indigenous peoples to participate in decisions that affect their lives. It requires that governments obtain their free, prior, and informed consent before adopting measures that may impact them. This principle is crucial in the context of reparations and reconciliation (Australian Human Rights Commission: UN Declaration on the Rights of Indigenous Peoples).
The German-Namibian agreement violates this declaration by excluding the Ovaherero and Nama from negotiations. Their lack of meaningful participation undermines the legitimacy of the agreement and their rights as recognized by international law (The Conversation: Germany’s genocide in Namibia: deal between the two governments falls short of delivering justice).
Reparations in the Context of Colonial Injustices
Reparations are measures to compensate for wrongs and harms inflicted on a group or individuals. In colonial contexts, reparations can include financial compensation, restitution of land, return of cultural artifacts, and official apologies (Wikipedia: Reparations for slavery).
For the Ovaherero and Nama, reparations mean addressing the specific damages they suffered during the genocide. This includes acknowledging the atrocities, compensating for the loss of lives and land, and supporting the restoration of their cultures (Deutsche Welle: What you need to know about Germany’s recognition of Namibia genocide).
The German-Namibian agreement’s focus on a development aid package without direct reparations fails to meet these needs. It overlooks the importance of addressing historical wrongs in a way that specifically benefits the affected communities (The Conversation: Germany’s genocide in Namibia: deal between the two governments falls short of delivering justice).
Legal Challenges and the Role of Judicial Review
The Ovaherero and Nama traditional authorities have turned to the courts to challenge the agreement. They have filed a lawsuit seeking a judicial review, which is a legal process where a court reviews the lawfulness of a decision or action made by a public body (LawTeacher.net: Judicial Review).
The court can determine through judicial review if the agreement violates legal principles or procedures. This legal avenue allows the affected communities to seek redress when they believe their rights have been ignored (The Conversation: Germany’s genocide in Namibia: deal between the two governments falls short of delivering justice).
This challenge highlights the importance of including all stakeholders in decisions that impact them. It also demonstrates how legal tools can promote justice and accountability.
What Is Systemic Racism?
Systemic Racism: Policies and practices within institutions that unfairly disadvantage certain groups. Unlike personal bias, it exists throughout social, economic, and political systems. Recognizing systemic racism is key to addressing deep-rooted inequalities.
The Ongoing Impact of Colonialism and White Supremacy
The legacy of colonialism continues to affect Namibia today. Many Ovaherero and Nama communities face poverty and lack access to essential resources. These issues stem from the historical theft of their land and the destruction of their economies (Völkerrechtsblog: Historical Origins of the Ovaherero and Nama Genocide).
Land Ownership vs Population in Namibia
Systemic racism remains embedded in social and political structures. The trauma inflicted during the genocide still influences the identities and cohesion of these communities (Wikipedia: Herero and Namaqua genocide). Moreover, the reluctance to fully acknowledge and compensate for the genocide reflects persistent attitudes rooted in white supremacy.
The fight for justice by the Ovaherero and Nama is not just about the past. It is about challenging ongoing inequalities and demanding a fair and equitable future. Their efforts highlight the need to confront and dismantle the lasting effects of colonialism.
The German-Namibian Agreement: A Failed Attempt at Reconciliation
After years of talks, Germany and Namibia announced a joint declaration in December 2024. This deal acknowledged the genocide and promised €1.1 billion over 30 years for community projects. Yet, the plan has faced serious criticism from those it claims to support.
German Reparations Comparison
The agreement’s flaws are clear. It avoids direct reparations and instead offers development aid, which doesn’t address the specific harm done. Furthermore, the negotiation process ignored descendants of genocide survivors, violating their right to participate in important decisions (Foreign Policy).
Criticism and Controversy: Unheard Voices
The Ovaherero Traditional Authority and the Nama Traditional Leaders Association rejected this agreement. They argue that it breaks the United Nations Declaration on the Rights of Indigenous Peoples. This declaration, which Germany supports, requires free, prior, and informed consent from indigenous peoples for actions impacting them.
Leaving out the term “reparations” was not just a word choice but an attempt to avoid legal and moral responsibility. This move stands in stark contrast to Germany’s stance on Holocaust reparations, raising questions about equal justice for historical wrongs (Henning Melber).
Legal and Political Hurdles: Ongoing Fight for Justice
The agreement now faces legal challenges. The Ovaherero and Nama authorities have taken the issue to the Namibian high court. They seek to have the declaration ruled unlawful, emphasizing its lack of legitimacy for those affected by the genocide.
Political uncertainty in Germany complicates this flawed agreement further. With elections and possible shifts in government priorities, the future of this inadequate reconciliation effort remains uncertain. (Henning Melber)
Global Impact: A Risky Precedent
The agreement between Germany and Namibia affects more than just these two countries. Although it may encourage other former colonies to seek reparations, its weaknesses risk setting a poor example. This deal could undermine efforts to hold those responsible for past colonial crimes accountable.
The world must scrutinize this agreement to ensure genuine justice for genocide victims’ descendants. Ignoring this need allows colonial crimes to remain unpunished and denies indigenous peoples their right to fair compensation(Heike Becker.
FAQ
Q: What was the Namibian genocide?
A: The Namibian genocide refers to the extermination campaign against the Ovaherero and Nama people by German colonial forces between 1904 and 1908, resulting in the deaths of up to two-thirds of the Ovaherero and one-third of the Nama populations.
Q: What is the German-Namibian agreement?
A: The German-Namibian agreement, announced in December 2024, acknowledges the genocide and includes a €1.1 billion aid package for reconstruction and development over 30 years, but has been criticized for not providing direct reparations.
Q: Why did the Ovaherero and Nama leaders reject the agreement?
A: They rejected the agreement because it excluded direct reparations and ignored the input of genocide survivors’ descendants, violating their right to self-determination and meaningful participation in decisions affecting their lives.
Q: What legal actions are being taken regarding the agreement?
A: The Ovaherero and Nama traditional authorities have filed a lawsuit in the Namibian high court seeking a judicial review to declare the agreement unlawful, highlighting its lack of legitimacy among those most affected by the genocide.
Q: What are the broader implications of this agreement?
A: The agreement sets a concerning precedent for how colonial injustices are addressed, potentially undermining global efforts for genuine reparations and justice for indigenous peoples worldwide.
ABOUT THE AUTHOR
Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
