-4-
Counsel emphasizes that the confiscation of all property collectively owned by the community
robbed the community of the basis of its economic livelihood, which in turn was the basis of its
cultural, social and ethnic identity. This is said to constitute a violation of article 27.
3.2
In this context, the authors claim to be victims of a violation by the Government of
Namibia of article 1 of the Covenant. They point out that the Namibian High Court has
recognised them as a distinct community with a legal basis. They claim that their right to
self-determination inside the republic of Namibia (so-called internal self-determination) has been
violated, since they are not allowed to pursue their economic social and cultural development,
nor are they allowed to freely dispose of their community’s national wealth and resources. By
enactment of the law on regional government 1996, the 124 year long existence of Rehoboth as a
continuously organised territory was brought to an end. The territory is now divided over two
regions, thus preventing the Basters from effectively participating in public life on a regional
basis, since they are a minority in both new districts. Counsel claims that this constitutes a
violation of article 25 of the Covenant.
3.3
The authors further claim a violation of article 14 of the Covenant, since they were forced
to use English throughout the court proceedings, a language they do not normally use and in
which they are not fluent. Moreover, they had to provide sworn translations of all documents
supporting their claims (which were in Afrikaans)at very high cost. They claim therefore that
their right to equality before the Courts was violated, since the Court rules favour English
speaking citizens.
3.4
In this context, counsel points out that article 3 of the Constitution declares English to be
the only official language in Namibia. Paragraph 3 of this article allows for the use of other
languages on the basis of legislation by Parliament. Counsel states that seven years after
independence such a law has still not been passed, and claims that this constitutes discrimination
against non-English speakers. According to counsel, attempts by the opposition to have such
legislation enacted have been thwarted by the Government which has declared to have no
intention to take any legislative action in this matter. In this connection, counsel refers to the
1991 census, according to which only 0.8 percent of the Namibian population uses English as
mother tongue.
3.5
As a consequence the authors have been denied the use of their mother tongue in
administration,2 justice, education and public life. This is said to be a violation of their rights
under articles 26 and 27 of the Covenant.
3.6
The authors further claim a violation of article 17 of the Covenant, since they and their
cattle have been expelled from the lands which they held in collective property.
3.7
Counsel requests the Committee for interim measures of protection under rule 86 of the
rules of procedure. He requests that the Committee demand that no expropriation, buying or
selling of the community lands take place, that no rent be collected from tenants, and that no
herds be prevented from grazing on the community lands while the communication is under
consideration by the Committee.