A New Reparations Process Must Be Instituted to Address Germany’s Crimes Against Namibia’s Herero and Nama People

UN urges Germany and Namibia to ensure rights-respecting reparations process

The Issue

The German and Namibian governments are under scrutiny for their handling of the reparations process for the colonial genocide that Germany committed in Namibia between 1904 and 1908 against the Herero and Nama peoples. The United Nations (UN) has expressed concern over both governments’ alleged failure to ensure the right to meaningful participation for the affected communities in the negotiations. UN Special Rapporteurs have reminded Germany and Namibia that despite the negotiations being a political, bilateral process, the Herero and Nama peoples have their own participation and representation rights, which both governments must respect.

Additionally, the UN has expressed concern over Germany‘s plan to provide only “collective development aid” instead of effective reparations and its refusal to assess colonial crimes according to today’s legal standards. Namibia has also made claims that it has adequately engaged with the Herero and Nama peoples, but there are pending court cases being brought by the OTA, NTLA, and a coalition of national and international lawyers contesting the government’s handling of the process.

Philosophical Concerns

The lack of participation and engagement of affected communities in this process raises serious ethical concerns. The principles of justice and reparation necessitate that those who have experienced harm or injury should have a say in the process and outcome of reparations. The right to participate in decision-making is a fundamental aspect of the right to self-determination. By failing to respect the right of the Herero and Nama peoples to meaningful participation and representation, both Germany and Namibia are undermining the principles of self-determination, justice, and reparation.

The UN Special Rapporteurs have emphasized that colonial crimes should be assessed according to today’s legal standards, not the discriminatory laws imposed during colonial rule. Hence, there is a pressing need for both governments to take a more human rights-centered approach in the negotiations and ensure that their responsibility to respect, protect, and fulfill the rights of the affected communities is not undermined.

Editorial and Advice

It is imperative that both Germany and Namibia take the UN’s concerns seriously and honor their obligations under international law to ensure that the affected communities have meaningful participation and representation in the reparations process. Both governments should respect the right of the Herero and Nama peoples to self-determination and work towards rebuilding trust and transparency in the process.

Furthermore, Germany must reconsider its plan to provide only “collective development aid” instead of effective reparations. As the UN Special Rapporteurs have stated, the principle of reparation requires more than mere development aid. It requires acknowledgment of harm, restitution, compensation, and guarantees of non-repetition. Anything less undermines the fundamental principles of justice and reparation.

Finally, the pending court cases in Namibia highlight the need for the government to respect the tripartite process, which requires the active and meaningful participation of the affected communities. Governments must understand that reparations and restorative justice are not only about providing financial compensation but also about acknowledging wrongdoing, apologizing, and rebuilding trust and relationships. Without these efforts, the wounds of colonialism and its ongoing impact will never fully heal.