Reparations under international law: A case study of the Herero/ Nama claims for reparations for genocide committed by the German Government
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Date
2013
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Abstract
The Herero and Nama genocide perpetrated by the German colonial authorities, under the command of General Von Trotha has left a controversial legacy in Namibia. It was during the period of 1904-07 when an estimated 80 percent of Hereros and 50 percent of Namas perished in their quest to reclaim their lands from German settlers. Due to the political situation of that period before Namibia‟s independence in 1990, little was said about the genocide until the descendants of the genocide victims petitioned the German Government and companies of that era to pay reparations for colonial injustices. They subsequently filed a claim in Washington D.C. in 2001 to force the German government to make reparation payments totaling over two billion American dollars. In his first visit to Namibia, in 1998, the then President of the Federal Republic of Germany, His Excellency Roman Herzog, expressed regret about the genocide, but stopped short of offering reparation payments. Moreover, in 2004, another German diplomat, Heidemarie Wieczorek-Zeul was dispatched to Namibia, to coincide with the Herero commemoration of the genocide at Okahandja and in the process apologized for the genocide, but also stopped short of discussing the issue of reparations.
As such the purpose of this research was to discuss the merits and demerits of the Herero/Nama claims against the German government, and provide a comparable assessment of other claims, most notably the success of Jewish claims against the current German government. Qualitative method of research was utilized in this research. Personal interviews were also conducted during the course of this research. The interviewees were members of the OvaHerero ethnic group as well as several high profile politicians and government officials.
Description
A thesis submitted in fulfilment of the requirements for the Degree of Master of Law.
Keywords
Reparations