NAMIBIAN GOVERNMENT IN STAND-OFF WITH CONGOLESE

UNCLAS WINDHOEK 000285


FOR PRM NNENNA OFOBIKE

E.O. 12958: N/A
TAGS: PREF PGOV PREL WA CG
SUBJECT: NAMIBIAN GOVERNMENT IN STAND-OFF WITH CONGOLESE

REFUGEES


1. On July 8, 41 Congolese refugees fled the Osire Refugee
Camp, 220km northwest of Windhoek, where many had been living
for the past decade. The group, which includes 23 children,
cited security issues and "death threats" from the Government
of Namibia (GRN) after they complained about living
conditions at Osire. The group has decided to remain
"stranded" at the Mamuno border between Namibia and Botswana
rather than return to the camp. The Government of Botswana
has decided not to accept the refugees at this time, and the
GRN has stated that the refugees are not welcome to return to
Osire. Although members of the group visited the U.S. Embassy
in mid-June, no formal request was made for refugee or asylum
status, and they were referred to the United Nations High
Commissioner for Refugees (UNHCR). End summary.

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REFUGEES ACCUSE GRN
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2. Citing death threats and security concerns, on July 8 a
group of 41 Congolese refugees fled the Osire Refugee Camp
where many of them had spent a decade in residence. The
refugees claimed that after they complained in a letter to
the Ministry of Home Affairs and Immigration that they were
living in "unacceptable conditions," the Ministry replied by
ordering the groups to "stop writing sensational articles"
which are "a threat to peace and security." The group, which
consists of nine families and 23 children, alleges the letter
went on to state that anyone who continued to exhibit
"adversary type behavior" would be requested to "leave
Namibia for a specified period." The Association of the
Voiceless (AV),as the group calls itself, says it took the
letter as evidence that it was being expelled from Namibia
and left Osire. Unable to enter Botswana without proper
documentation, the AV has been living in one tent in "no
man's land" between Namibia and Botswana at the Mamuno
border. UNHCR, which has an office in Windhoek, along with
Namibia's Red Cross chapter and the Government of Botswana
have provided the refugees with food and other necessities.

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GRN REACTION
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3. For its part, the GRN claims that the situation stems not
from the conditions in Osire, but because the refugees have
not received approval to be resettled in the United States.
Permanent Secretary of the Ministry of Home Affairs and
Immigration Samuel Goagoseb explained that the GRN is not
responsible for refugee resettlement and argued that the AV
did not pursue the normal procedures in order to leave Osire.
He accused the group of "violating laws," damaging Namibia's
reputation, and playing to the sympathies of the
international community.


4. Minister of Information and Communication Technology Joel
Kaapanda came out more forcefully in a press statement on
July 27. "Since the refugees left under the pretext of
alleged threat and intimidation by Government, then
Government has lost all trust and confidence and will never
allow them to return back to Namibia." According to Kaapanda,
by leaving Namibia, the AV violated a section of the Refugee
Recognition and Control Act 2 of 1999 as well as the
Departure from Namibia Amendment Act 4 of 1993. He accused
the National Society of Human Rights (NSHR),a civil society
organization known for its outspoken and often critical
stance of the GRN, which has spoken publicly on behalf of the
AV, of manipulating the refugees and convincing them to flee
Namibia. Kaapanda added that the GRN had decided not to
provide the group with any humanitarian assistance.

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UNHCR WEIGHS IN
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5. Meanwhile, UNHCR has said it has no information that would
validate the accusations made by the Congolese refugees.
UNHCR Country Representative Joyce Mends-Cole has tried
unsuccessfully to convince the group to return to Osire.
According to Mends-Cole, the Botswanan government is not
willing to accept the group, because it believes the refugees
have found appropriate, legal sanctuary in Namibia.

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BACKGROUND ON OSIRE AND AV
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6. The Osire Refugee Camp is located 220km northwest of
Windhoek. Of the approximately 8000 refugees residing in
Namibia, nearly 6000 are located in Osire. Of these, 871 are
individually recognized and the rest are prima facie
Angolans. There are 1229 asylum seekers in the camp; some of
whom are new petitioners and others who have had their
petitions rejected by UNHCR. Half of the camp's population
are students, and there are 118 persons living with HIV-- 48
of whom receive anti-retroviral drugs. The USG has built a
medical clinic and a primary school in Osire and is in the
process of constructing a recreational center.


7. Of the nine AV families, two have UNHCR refugee status,
while seven are asylum seekers who were denied asylum status
on their first attempt. One member of the group has had both
his asylum application and appeal rejected by UNHCR.


8. Members of the group visited the Embassy in mid-June,
indicating they wanted to complain about their treatment by
the Namibian government. They did not request refugee or
asylum status in the United States and were referred to UNHCR.

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COMMENTARY
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9. With no simple or obvious solution in sight, it remains
unclear whether the GRN or the AV will give in and end the
stand-off or whether the Government of Botswana will change
its stance. The AV seems resigned for the long haul; a
spokesman for the group recently told the press that "only
God himself knows" when the group will leave the Mamuno
border area.

MATHIEU