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10.2 The Committee regrets that the State party has not provided any information with regard
to the substance of the authors’ claims. It recalls that it is implicit in the Optional Protocol that
States parties make available to the Committee all information at its disposal. In the absence of a
reply from the State party, due weight must be given to the authors’ allegations to the extent that
they are substantiated.
10.3 The authors have alleged that the termination of their self-government violates article 1 of
the Covenant. The Committee recalls that while all peoples have the right of self-determination
and the right freely to determine their political status, pursue their economic, social and cultural
development and dispose of their natural wealth and resources, as stipulated in article 1 of the
Covenant, the question whether the community to which the authors belong is a “people” is not
an issue for the Committee to address under the Optional Protocol to the Covenant. The Optional
Protocol provides a procedure under which individuals can claim that their individual rights have
been violated. These rights are set out in part III of the Covenant, articles 6 to 27, inclusive.3 As
shown by the Committee’s jurisprudence, there is no objection to a group of individuals, who
claim to be commonly affected, to submit a communication about alleged breaches of these
rights. Furthermore, the provisions of article 1 may be relevant in the interpretation of other
rights protected by the Covenant, in particular articles 25, 26 and 27.
10.4 The authors have made available to the Committee the judgement which the Supreme
Court gave on 14 May 1996 on appeal from the High Court which had pronounced on the claim
of the Baster community to communal property. Those courts made a number of findings of fact
in the light of the evidence which they assessed and gave certain interpretations of the applicable
domestic law. The authors have alleged that the land of their community has been expropriated
and that, as a consequence, their rights as a minority are being violated since their culture is
bound up with the use of communal land exclusive to members of their community. This is said
to constitute a violation of Article 27 of the Covenant.
10.5 The authors state that, although the land passed to the Rehoboth Government
before 20 March 1976, that land reverted to the community by operation of law after that date.
According to the judgement, initially the Basters acquired for and on behalf of the community
land from the Wartbooi Tribe but there evolved a custom of issuing papers (papieren) to
evidence the granting of land to private owners and much of the land passed into private
ownership. However, the remainder of the land remained communal land until the passing of the
Rehoboth Self-Government Act No. 56 of 1976 by virtue of which ownership or control of the
land passed from the community and became vested in the Rehoboth Government. The Baster
Community had asked for it. Self-Government was granted on the basis of proposals made by
the Baster Advisory Council of Rehoboth. Elections were held under this Act and the Rehoboth
area was governed in terms of the Act until 1989 when the powers granted under the Act were
transferred by law to the Administrator General of Namibia in anticipation and in preparation for
the independence of Namibia which followed on 21 March 1990. And in terms of the